Essential Characteristics of the Measures under Article 33 of the Law on Prevention and Detection of Conflict of Interests Cover Image
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Същност и характеристика на мерките по чл. 33 от Закона за предотвратяване и разкриване на конфликт на интереси
Essential Characteristics of the Measures under Article 33 of the Law on Prevention and Detection of Conflict of Interests

Author(s): Nikolay Nikolov
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The Law on Prevention and Detection of Conflict of Interests has two main goals - the establishment of a mechanism for the prevention of conflict of interests and the identification and punishment of violations of the substantive provisions that regulate the conflict of interests. This law addresses a topic which is new for Bulgaria, and has an almost entirely administrative character. The article presents the general characteristics and classification of the measures under Article 33. It is argued that they belong to the category of coercive administrative measures, as defined in the general administrative theory. In line with this, a distinction between the measures stipulated in Article 33 and the administrative penalties is outlined. The article provides an analysis of each of the four measures under Art. 33 of the Law, that is, dismissal, withdrawal of salary in the period of conflict of interests, withdrawal of proceeds obtained as a result of conflict, and notification of enacted regulations on the website of the relevant institution.

  • Issue Year: 2010
  • Issue No: 4
  • Page Range: 58-84
  • Page Count: 28
  • Language: Bulgarian