文章基本信息

标题：The reactive approach of the criminal policy of the Persian Gulf countries in dealing with the conflict of interests in the administrative system
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作者：Gholamali Ghasemi ; Ruhollah Akrami ; Ayatollah Jalili 等
期刊名称：Majallah-i ḥuqūq-i taṭbīqī
印刷版ISSN：1735-496X
电子版ISSN：2423-3404
出版年度：2022
卷号：13
期号：1
页码：301-320
DOI：10.22059/JCL.2022.335138.634283
语种：English
摘要：One of the challenges of the administrative system is the emergence of conflicts of interest among employees, which can imperil the public interests related to their job duties due to the motivation to pursue personal interests. The corrupting capacity of such a situation challenges the static stance of some systems in not intervening until the actualization of the abuses of those involved, and demonstrates the need to design an effective criminal policy that can counter this with the proper use of formal sanctions. In the present study, the reactionary rather than preventive responses to the criminal policy of the Persian Gulf countries regarding the conflict of interest situation have been studied in a descriptive-analytical method. The findings of the research show that some countries, such as the United Arab Emirates and Saudi Arabia, have adopted a delinquentization approach to conflict of interest, in which they deal with violators by administrative and disciplinary sanctions. This is while countries like Iraq, Oman and Kuwait use the criminal sanctions. Items such as activities and cooperation with private institutions related to government employment, holding stocks in private institutions related to the employee's job, refusing to forgo personal interest or resignation from a government job that creates conflict, refusing to render financial statements of employees who are exposed to conflicts of interest as well as abuse of job position in conflict of interest situations where it is not covered by the usual offenses in criminal law are among the examples that have faced formal and especially criminal sanctions in the criminal policy of these countries.
关键词：Conflict of interest;corruption;Criminal sanctions;Administrative and disciplinary sanctions;criminal policy of the Persian Gulf countries