The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

"Conflict of interests in the public sector": types and types of legal confrontations (jurisprudential-legal analysis)

Document Type : Original Article

Authors
taghi dashti 1
zahra zandie 2
Mohammad Mahdifar 3
1 Head of Mabana Research Center
2 PhD student in Public Law, Qom University
3 PHD Student of Public Law. University of Tehran (Farabi Campus): Researcher of Mabna Research Center
10.22034/mral.2023.560129.1366
Abstract
"Conflict of interest" as an independent and well-known concept in modern governance is so important that many important keywords in this field are directly related to the issue of conflict of interest. Gaining public trust and promoting democracy, preventing corruption, promoting health and administrative cohesion, transparency and economic development is impossible without achieving an acceptable level of Conflict of interest management. Conflict of interest is an area of extreme complexity and political and legal sensitivity. Hence, the theoretical controversy over the exact perception of "conflict of interest" has been going on for some time. The main question of the present article is a correct understanding of the concept of conflict of interest, its different types and types of confrontation of legal systems. The authors believe that with a correct and comprehensive understanding of the concept and types of conflict of interest and with a comparative observation of the arrangement of legal systems in the face of this great problem, the literature on conflict of interest in Iran can be enriched until in the shadow of deepening the concept in the minds of researchers and concerned, it will be possible to gradually achieve lofty goals such as gaining public trust, justice and transparency.
Keywords
: conflict of interest
corruption
management
legal systems
Subjects

  1. Sources:

    The Holy Quran

    Nahj al-Balagha

     

    1. Ald William, "Public Official Assets Report 2" translated by Mahsa Shabani, Research Center of the Islamic Council, Office of Legal Studies, serial number 8553, 1386.
    2. Bernardello et al., Conflict of interest in education, research and medical practices, Tehran: Sharif, 1400.
    3. Catchick, P, Conflict of Interest: Gateway to Corruption. ACFE European Fraud Conference, 2014.
    4. Coglianese, C., Keating, E. K., Michael, M. L., & Healey, T. J. The role of government in corporate governance. NYUJL & Bus., 1, 219, 2004.
    5.  
    6. Demmke, C., and Thomas Henökl and Teemu Moilanen. Regulating conflicts of interest for holders of public office in the European Union: A comparative study of the rules and standards of professional ethics for the holders of public office in the EU-27 and EU institutions. 1st Ed. European Institute of Public Administration, 2008.
    7. Demmke, Ch and Thomas Henokl, "Managing Conflicts
      of Interests – Ethics Rules and Standards in the Member States and the
      European Institutions", EIPASCOPE, 3, 2007.
    8. Lo, B., and Marilyn J Field, Conflict of Interest in Medical
      Research, Education, and Practice, USA: National Academies Press, 2009.
    9. Giorgini, Paolo, et all, Detecting Conflict of Interest, Requirements Engineering, 14th IEEE International Conference, 2006.
    10. Independent Evaluation Group (IEG), Guidelines to Manage Conflicts of Interest in Independent Evaluation, World Bank, 2014.
    11. Lateef KS. Evolution of the World Bank’s thinking on governance. 2016.
    12. Lateef, KS. Evolution of the World Bank’s thinking on governance. 2016.
    13. "Managing Conflict of Interest in the Public Service OECD Guidelines and
      Country Experiences" OECD, 2003.
    14. Messick, Richard E. "Regulating Conflict of Interest: International Experience with Asset Declaration and Disclosure", Public Sector
      Governance Poverty Reduction and Economic Management, The World Bank. 2009.
    15. Methodological framework for examining conflicts of interest in organizations, Center for Empowerment of Governance and Academic Jihad Society, Khordad 99.
    16. Davis, M and Andrew Stark, Conflict of Interest in the
      Professions      , New York: Oxford University Press, 2001.
    17. Parhizkari, Seyyed Abbas., Abolfazl Rizki, , Conflict of Interests: Classification and Conceptology, Research Center of Islamic Council, Tehran, 2016.
    18. Rizki, Abolfazl and Seyed Abbas Parhizgari, conflict of interest, prevention and management strategies, Majlis Research Center, Economic Research Deputy, serial number 15801,2016.
    19. Vakilian, Hassan; Derakhshan, Davar, strategies for preventing and managing conflicts of interest in the judicial system with a comparative approach, Judicial Law Journal, Spring, 2019.
    20. Yahya Martab et al., Conflict of Interests in the Public Sector, Tehran: Transparency and Progress, 2019
    21. The Constitution of the Islamic Republic of Iran
    22. Bill "How to manage conflict of interest in performing legal duties and providing public services" dated 8/19/2018
    23. Resolution "Management of Conflict of Interest in Tehran Municipality" approved by Tehran Islamic Council dated 7/10/2017
    24. Law prohibiting holding more than one job approved on 11/7/1373
    25. Civil service management law approved 8/7/1386
    26. The Law on the Implementation of General Policies, Article 44 of the Constitution, approved on 11/8/1386
    27. The law on monitoring the behavior of judges approved on 17/7/2013
    28. Ministry of Information Employment Law approved 4/25/1374
    29. The Law of Accession of the Government of the Islamic Republic of Iran to the United Nations Convention against Corruption, approved on 7/20/1387
    30. The Law of Accession of the Government of the Islamic Republic of Iran to the 1992 Protocol to Amend the Convention on International Civil Liability for Oil Pollution Damage (1969) and the 1992 Protocol to Amend the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971) approved on 24/11/1380
    31. The Law on Improving the Health of the Administrative System and Combating Corruption approved on 2/29/1390
    32. The law related to dealing with the assets of ministers and government employees, both national and military, and municipalities and their affiliated institutions, approved on 12/19/1337
    33. Law prohibiting taking commission in foreign transactions approved on 4/27/1372
    34. Anti-Money Laundering Law approved 10/2/1386
    35. The law of the sixth five-year economic, social and cultural development program of the Islamic Republic of Iran (1400-1396) approved on 1/16/1396
    36. Law prohibiting the interference of ministers and MPs and employees in state and country transactions approved on 22/10/1337
    37. 38. Executive Regulations of the Engineering and Building Control System Law approved on 11/17/1375
    38. Valuation regulations for intangible assets in investment projects approved on 2/17/2016.

    Websites:

    1. https://www.mehrnews.com/news/5345667/.
    2. https://www.transparency.org/en/corruptionary/revolving-door
    3. https://www.transparency.org/en/corruptionary/conflict-of-interests.
    4. https://www.transparency.org/en/cpi/2020/index/irn

     

The Journal of Modern Research on Administrative Law
Volume 5, Issue 16 - Serial Number 16
Fifth year, 16th issue, ّ Fall 2023
Summer 2023
Pages 255-283

  • Receive Date 23 August 2022
  • Revise Date 09 January 2023
  • Accept Date 18 January 2023