Corpus Delicti of Conflict of Interest under Art. 2 of the Act on Prevention and Revelation of a Conflict of Interest and the New Aspects of Its Application Cover Image
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Общия състав за конфликт на интереси съгласно чл. 2 от Закона за предотвратяване и установяване на конфликт на интереси и новите моменти на прилагането му
Corpus Delicti of Conflict of Interest under Art. 2 of the Act on Prevention and Revelation of a Conflict of Interest and the New Aspects of Its Application

Author(s): Nikolay Nikolov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: conflict of interest;, court practice; administrative law; administrative offence; public office holder; related person; private interest

Summary/Abstract: The article deduces and analyses the three main constituent elements of the corpus delicti of a conflict of interest under Art. 2 of the Act on Prevention and Revelation of a Conflict of Interest, namely, a public office holder; a private interest of a person related to him/her which can result in a benefit; and the performance of professional duties influenced by the said private interest. Emphasis is put on the conclusion that, under Bulgarian law, the conflict of interest constitutes an administrative offence, which has certain specific characteristics. However, the general characteristics of the phenomenon are attributable thereto. A subject of special study is formed by the new aspects in the implementation of the corpus delicti of conflict of interest in the administrative and court practice over the last several years. It is argued that these new aspects give different dimensions to the concept of „conflict of interest“ and create a new environment for implementing this legal institute.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 19-36
  • Page Count: 18
  • Language: Bulgarian