The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Legal pathology of conflict of interest management in the public sector; the research case of Iran's legal system

Document Type : Original Article

Authors
ali mashadi 1
zahra zandie 2
Mohammad Mahdifar 3
1 Department of Public and International Law, Qom University
2 PhD student in Public Law, Qom University
3 Faculity Member of Mabna Research Center (instructor), public law ph.d student of tehran university(college of farabi)
10.22034/mral.2024.1998887.1450
Abstract
Family appointments, orders and lobbying, rent-making shareholdings of parliamentarians, etc. have occupied the minds of researchers in the field of anti-corruption. The traces of many corruptions can be traced in the keyword "conflict of interest". Although the existence of a conflict of interest is not equal to the occurrence of corruption, without a doubt, its biggest factor is the existence of various situations of conflict of interest that puts a person at the crossroads of personal or national interest. Although in the Islamic society, attribution to piety, internal control and moral qualifications are among the conditions for holding office, relying on creative virtues does not negate the government's responsibility in resolving situations of conflict of interest. The main question of the research is what causes and factors have caused the conflict of interests in Iran to such an extent that we can talk about the alarm of a crisis in the political and administrative system of Iran. The upcoming article, which deals with the study of library resources related to the topic by qualitative analysis method, is that the main factors of corruption arising from the situation of conflict of interests with a legal approach, are in three areas of causes: a. Normative: caused by a disruption in legislation in a formal way; b. Structural: arising from cases such as the union of rule-making, executive and observer positions; J. Behavioral: It is caused by things such as a disturbance in the observance of professional ethics.
Keywords
Conflict of interest
corruption
management
public authority
Subjects

  1.  

    1. Ald William, "Report on assets of public officials 2" translated by Mahsa Shabani, Research Center of the Islamic Council, Office of Legal Studies, serial number 8553, 1386.
    2. Anamradanjad, Dawood, Sam Mohammadi, Seyyed Hassan Hosseini Moghadam. 1400. The necessity of legislation in the management of conflict of interest situations, Quarterly. Legal Studies, No. 4, 21.
    3. Baqir Management of conflicts of interest in the public sector. Quarterly Journal of Public Law Studies, spring 1401, p. 297.
    4. Bernardello et al., Conflict of interest in education, research and medical practices, (Tehran: Sharif, 1400)
    5. Demmke, C., Henökl, T., & Moilanen, T. (2008). 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. European Institute of Public Administration.
    6. DEMMKE, Christoph and HENOKL Thomas (2007), "Managing Conflicts
      of Interests – Ethics Rules and Standards in the Member States and the
      European Institutions      ", EIPASCOPE, num. 3
    7. Field, Marilyn J., Bernard Lo)2009). Conflict of Interest in Medical
      Research, Education, and Practice      , National Academies Press
    8. Hossein Rahimi Kalor, Amin Golzard, Hoda Ghafari Majalaj, "Analysis of the relationship between work conscience and social responsibility: the mediating role of professional ethics", Ethics in Technological Sciences Quarterly, Year 13, Number 1, 2017
    9. https://www.transparency.org/en/corruptionary/conflict-of-interests.
    10. https://www.transparency.org/en/cpi/2020/index/irn
    11. Independent Evaluation Group (IEG). (2014). Guidelines to Manage Conflicts of Interest in Independent Evaluation. World Bank.
    12. Lateef KS. Evolution of the World Bank’s thinking on governance. 2016.
    13. Lateef KS. Evolution of the World Bank’s thinking on governance. 2016.
    14. Managing Conflict of Interest in the Public Service OECD Guidelines and Country Experiences.
    15. Mehdi Zainalu, Alireza Ali Ahmadi, Saeed Nariman. 2018. Investigating the causes of conflicts of interest in the representatives of the Islamic Council. Public Policy, Volume 2, pp. 117-99.
    16. Messick, Richard E (2009). "Regulating Conflict of Interest: International
      Experience with Asset Declaration and Disclosure      ", Public Sector
      Governance Poverty Reduction and Economic Management, The World Bank.
    17. Methodological framework for examining conflicts of interest in organizations, Center for Empowerment of Governance and Academic Jihad Society, Khordad 99.
    18. Mirspasi, Nasser, "Obstacles to strengthening work conscience", Economics and Management, Volume 8, Number 2, 1375
    19. Mohagheg Damad, Seyed Mustafa, Darvishzadeh, Mohammad, "Taking Laws Seriously: The Vacancy of the Conflict of Interest Management Law in the 13th Presidential Elections", Specialized Scientific Quarterly of Legal Encyclopaedias, Volume 4, Number 10, 1400
    20. Parhishkari, Seyyed Abbas, Rizki, Abolfazl, Conflict of Interests: Classification and Conceptology, Research Center of Islamic Council, Tehran, (2016)
    21. Rizki, Abolfazl and Seyed Abbas Parhizgari (2016), conflict of interest, prevention and management strategies, Majlis Research Center, Economic Research Deputy, serial number 15801.
    22. Shah Ali, Mehrzad, Rashidpour, Ali, Kaousi, Esmail, Prafidian, Ali Akbar, "Professional Ethics Implementation Model in Iranian Organizations", Urban Management, No. 39, 2014
    23. 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.
    24. Yahya Martab et al., Conflict of Interests in the Public Sector, (Tehran: Transparency and Progress, 2019).
The Journal of Modern Research on Administrative Law
Volume 6, Issue 21
Sixth year, 21th issue, Ů‘winter 2025
Winter 2025
Pages 153-177

  • Receive Date 23 March 2023
  • Revise Date 30 September 2023
  • Accept Date 31 January 2024