The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Criminal policy approach of the bill "How to manage conflicts of interest in performing legal duties and providing public services"

Document Type : Original Article

Author
Assistant Professor, Department of criminal law and criminology Faculty of Law, Shahid Beheshti University,Iran
Abstract
Abstract



Several meetings are played by corruption.Some of them are individualistic and some of them are rooted in situations. The lack of transparency and action in conflict situations is one of the pre-criminal situations that can affect corruption. Tthe management of conflict conflict has been considered by criminal policy makers as a mechanism for preventing the occurrence of this phenomenon. Because,action, in conflictful conditions, provides the basis for challenging order and administrative justice, guaranteeing the principles of equality and inequality in all management and administrative areas and general distrust.

In Iranian criminal policy, despite the foundation of conflict management in principle 140 constitution has been scattered in other non-normative zones, and through criminalization, attention has been paid to a number of its effects. But, the most fundamental step in this area has been removed in the bill "How to manage conflicts of interest in conducting legal duties and public services." In the bill, identifying use of preventive methods, as well as the criminalization of a bunch of behaviors in violation of these mechanisms, including projected policies in the bill for administrative reign.

However, it seems that acceleration in the law of the bill, the preparation and compilation of macro policies and systematic programs in the management of conflict conflict, as well as training brokers to comply with the set of norms related to this mechanism, can reduce the level of effect Conflict conflicts in the emergence corruption.

Highlights

In each society, there are numerous administrative issues that must be managed well. The administrative system contains a series of structures and actions to manage the numerous economic, political, social and cultural issues that are faced with the process of living. The proper management of the problem is the fundamental right of individuals, and policymakers must provide appropriate forecasts. Adopted and implemented. Considering that individuals have the right to live in prosperity and society on the principles of orbital law, freedom and orbital equality, they also have the right to benefit from the proper management, so that in the light of these issues goes effectively.

Good governence based on a series of principles. The rule of law, transparency and identification of the right are among the most prominent them. Observing each one in the formation of decent and sustainable management plays a major role. Because, in different areas of governance, such as the administrative system, the areas of adopting the fairest decisions and actions are provided. The administrative system is a broad area that all individuals are linked to. For this reason, the most important areas for assessing the rule and how to manage the issue of society. Hence, the normative and prediction of the mechanisms for implementing them are of great importance. Whether this, in the field, there are several requests from the people who completely make decisions and good action and good management.

In addition to having these profits, it also leads to preventing a bunch of behaviors that violate administrative values ​​and norms. Overlooking the administrative norms is crystallized in different forms of crystallization that financial corruption is the most intensive one. With the commitment of this phenomenon, a set of fundamental values, especially public trust, order, justice and administrative equality, the orbital law and inappropriateness. Becomes. Accordingly, criminal policymakers identify the dynasty of actions and reactions to support them and reduce the number of financial corruption. The commitment of financial corruption is dependent on individual components, an environmental environmental environment. In the meantime, the situation before committing a criminal is effective in how criminal behavior occurred. In these areas, such as transparent and lack of interest in conflict benefits play a role.

The conflict of interest is an influential situation in committing financial corruption. This phenomenon involves a set of criminal behaviors that in the light of the agencies with an administrative position by ignoring public benefits merely in the direction of bringing the human benefits. Therefore, conflict is the underlying interest that brings these brokers from abuse of situations to achieve personality benefits. This situation has always been challenging for administrative order and security and management, and therefore the attention of criminal policy makers. In the case of conflict between interests, such as employment in two or more public and private institutions, several principles are challenged within the framework of the administrative system, including the lack of support, fair decisions, orbital equality and the rule of law. Accordingly, they have paid attention by adopting measures to prevent the emergence of this situation and its criminality.

n the United Nations Criminal Policy, through the 2003 Corruption Treaty, has been conducted in this regard. Equal to paragraph 4 of Article 7. "Every member state should be based on fundamental principles in promoting transparency and prevention of conflict of interest in taking measures." Within the framework of this article, which was identified in the second chapter and the "preventive action", policymaking has been considered for the lack of conflict of interest, including ahead of governments in the prevention of financial corruption. In Iran's criminal policy, it has been focusing on conflict conflict at different levels. The principle of forty-first constitution and paragraph 24 are the general policies of the administrative system of 2010, including them. Policy makers and brokers should take action using various tools in promoting the health of the administrative system, which did not want to conflict the interests of its prominent effects. At the level of legislative regulations, it can also be referred to the law on the prohibition of the intervention of ministers and representatives of the parliament and government employees in governmental and state transactions 1337, and at the level of dominance regulations to the executive regulation of the Counter Narcotics Correction Act of 1377. However, the most important action to manage conflict conflicts and reduce the number of emergence and its impact on the administrative system of the bill "How to manage conflicts of interest in conducting legal tasks and public services", which in 1398 after approval in the Cabinet of Ministers The Islamic Consultative Assembly has been sent. The bill, which includes four sections and 40 articles, has identified several mechanisms for managing conflict conflict. However, the conflict of interest in the decision-making process, the action and management of administrative brokers provides the formation of financial corruption of financialism, and accordingly, for the purpose and health promotion of the administrative system, it should predict the necessary measures for prevention and also Criminalization of the batch of its effects.

The criminal policy of the receiver is a collection of government actions and reactions to control the criminal phenomenon. In this zone, all capacities are used to support the basic social values ​​and their violating behaviors. Action in conflict situations is one of the subjects that criminal policymakers are committed to reducing the number of financial corruption and other related criminals. Whether it is widely challenged by committing these types of behaviors to observe the management and administration, order, security and public trust. For this reason, in Iran's criminal politics, a special bill has been sent to the Islamic Consultative Assembly for the failure of the conflict of interest or decreasing its effect on financial corruption titles and after approval in the government. This policy can affect public benefits in administrative administrative arena and reduce the role of personality trends and benefits in the action of brokers.

Keywords
Subjects

 
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Volume 4, Issue 11 - Serial Number 11
Fourth year؛ Issue 11th؛ Summer 2022
Summer 2022
Pages 219-242

  • Receive Date 16 October 2021
  • Revise Date 02 March 2022
  • Accept Date 26 March 2022