Investigating the Prevention of Conflicts of Interest in the Government in International Agreements and Iraqi Domestic Laws

Author:
Sajjad Madhloom Jawad Al-Aydamee
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Seyed Ali Mirdamad Hoseyni

The concept of conflict of interest is a subset of preventive measures whose task is to curb corruption in that it reflects the good performance of the government and demonstrates a legal obligation to fight corruption. Because the issue of fighting corruption, due to its economic and social effects on the country, is related to the development process and is a great interest in maintaining the legitimacy of the political system. The issue of “conflict of interest” has become one of the most important issues in recent years and has occupied the minds of many communities in different countries, especially those living in affluent countries. The legislature does not fundamentally condemn a situation in which it is impossible to succeed, but rather fails to disclose it to the official apparatus. At the end of the day, while the government employee has fulfilled his duties and obligations, and if there is no conflict between the employee’s confidential interest and the public interest, there does not have to be a violation, but the official must make a vital condition and that is The employee should not advise his / her administrative manager about this dispute. Regardless of the fact that it is expedient. Confidentiality is in conflict with the public interest. This convergence will seriously affect the performance of the representative of the government, and he will certainly show his inclinations. The importance of this research goes back to the true understanding of the situation where conflicts cannot be resolved so that legal attention is directed to the legal structure of the subject under study. Common social insight among agents is about influence and information relations, mediation, partisanship and solidarity, neighborhood, residence and region. Which makes this research deal with the conflict of practical and moral characteristics with various anomalies, especially common people and individual interests of the society. This research aims to explain the concept of conflict of interest and damage caused by conflict of interest and its most important types. It also intends to show the legal regulation of the Iraqi legislature and, in general, its compatibility with the international system and find solutions that turn public interests into profits and prevent losses caused by conflict of interests. This research used the analytical descriptive research method which is usually used in most legal studies; In order to find suitable solutions for the studied phenomenon, this method describes it and collects information from its various aspects. The results of this research are about the crime of conflict of interest. We found that the legislator did not provide a definition of conflict of interest, but considers it an obligation. Misbehavior has increased in the management and government and has become widespread in government institutions, and corruption has progressed to the point where it has reached the working apparatuses and the way of social relations, and at the same time, it has limited the motivations for economic progress and social security, and all this is due to partisanship And discrimination.