(НЕ)УСТАВНОСТ И (НЕ)ЗАКОНИТОСТ ПРАВИЛА О ПОСТУПКУ ЗА УТВРЂИВАЊЕ СУКОБА ИНТЕРЕСА У ОРГАНИМА ВЛАСТИ У РЕПУБЛИЦИ СРПСКОЈ
(UN)CONSTITUTIONALITY AND (IL)LEGALITY OFTHE RULES ON PROCEDURE FOR DETERMINING THECONFLICT OF INTEREST IN THE AUTHORITIES OF THEREPUBLIC OF SRPSKA

Summary/Abstract: The importance that the Republic Commission for Determining the Conflict of Interest in the RS Government Bodies has and exercises in the legal system of the Republic of Srpska is unquestionable and its legal role and position should be unconditionally strengthened every day. However, apart from undisputable importance and a number of specific advantages of this method for preventive and post factum action in the area of conflict of interest, what is debatable and what the author of this paper is going to write about refers to the procedural and legal aspect of work of this Commission. Great part of the work of the Commission is normatively regulated (only) by the Rules of Procedure before the Republic Commission for Determining the Conflict of Interest in the RS Government Bodies and the Modes for Financial Reports Control ("Official Gazette of the Republic of Srpska" No. 31/09, 33/09 & 61/09), which was passed by the Commission (un)constitutionally and (il)legally since the legislator dedicated only one article to this matter. Therefore, after presenting the basics of constitutional and legal definitions of conflict of interest and (briefly) elaborate on constitutionality and legality of legal regulations in general, the author of this paper is going to analyze the legal (non)compliance of specific (administrative) procedural rules for determining the conflict of interest brought in the form of subordinate act with the Constitution of the Republic of Srpska and the Law on General Administrative Procedure and the Law on prevention of conflict of interest in the government bodies of the Republic of Srpska and for that purpose the author shall also use legal views of the Constitutional Court of the Republic of Croatia adopted for (nearly) the same legal issues, and in the end shall suggest de lege ferenda solutions for remedying of found unconstitutionality and illegality in the legal system of the Republic of Srpska in the area of conflict of interest deteremination.

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