Restrictions and Prohibitions for Violations of Law on the Adjustment of Public and Private Interests in the Civil Service: Some Problematic Aspects

Virginijus Kanapinskas

Abstract


The aim of this article is to analyse restrictions and prohibitions for violations of Law on the Adjustment of Public and Private Interests in the Civil Service. The article reveals that the current legal regulation imposing restrictions and prohibitions on persons who violate Law on the Adjustment of Public and Private Interests in the Civil Service in some important aspects is not constitutionally based, uncertain and unsustainable. It is shown that the regulatory failures preconditions differently interpret and apply the law norms defining the restrictions and prohibitions for violations of the requirements of the mentioned law. This argument is supported by the analysis of the said law norms in the context of the Constitutional Court of the Republic of Lithuania official constitutional doctrine, the Supreme Administrative Court of Lithuania and the Chief Official Ethics Commission practices.

Keywords


persons in the civil service; private interests; prohibitions; public interests; restrictions

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DOI: http://dx.doi.org/10.13165/VPA-14-13-4-06

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"Public Policy and Administration" ISSN online 2029-2872 / ISSN print 1648-2603