Prijedlog Zakona o sprječavanju sukoba interesa u institucijama BiH i Zakon o sprječavanju sukoba interesa u RH - usporedba s naglaskom na tijelima nadležnim za postupanje
Proposal of the Law on Prevention of Conflict of Interest in the Institutions of B&H and the Law on Prevention of Conflict of Interest in the Republic of Croatia - Comparison with Emphasis on Bodies Responsible for Action

Author(s): Majda Uzelac
Subject(s): Law, Constitution, Jurisprudence, Public Law, Comparative Law
Published by: Fondacija Centar za javno pravo
Keywords: law proposal; prevention of conflict of interest; BIH; institutions; Croatia; comparison;
Summary/Abstract: The proposal to establish the Commission as an independent body represents a positive shift and an understanding of society on the need to find an adequate body in whose jurisdiction is an essential element in preventing corruption. Although conflict of interest is only one element in the prevention of corruption, it encompasses different forms of situations and actions of public officials with the highest corruption risk, which are not covered by criminal law, and therefore requires serious approach to these circumstances. The requirement extends to the need for a separate independent body, the competence of which would entail considering such circumstances and pointing to them. The results of each body acting within the scope of whose competence are different measures and ways of combating corruption, their synergistic effect, and the results of the Commission or the Commission for Conflict of Interest may be diminished, if there is no clearly expressed political will and public condemnation of every manifest form of corruption, but also public condemnation of every identified conflict of interest that precedes it. In conclusion, in order to achieve social condemnation and zero tolerance for all forms of corruption, including situations of unresolved conflicts of interest, it is necessary to develop awareness among public office holders and all those parts of the state and social system that should control them, about what a conflict of interest is, how to identify it, and how to properly manage it. Raising such a level of awareness and promoting good and desirable conduct in the exercise of public office is a primary responsibility and obligation of both the Commission envisaged by the Bill on Prevention of Conflict of Interests in the government institutions of Bosnia and Herzegovina and the Commission for Conflict of Interest in the Republic of Croatia.

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