Restrictions and prohibitions for violations of law on the adjustment of public and private interests in the civil service: Some problematic aspects

Research output: Contribution to journalArticle

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 issupported 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.

Translated title of the contributionRestrictions and prohibitions for violations of law on the adjustment of public and private interests in the civil service: Some problematic aspects
Original languageLithuanian
Pages (from-to)618-628
Number of pages11
JournalPublic Policy and Administration
Volume13
Issue number4
DOIs
Publication statusPublished - 2014

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civil service
Law
Lithuania
administrative court
constitutional court
doctrine
republic
moral philosophy
regulation
human being

Keywords

    ASJC Scopus subject areas

    • Public Administration

    Cite this

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    title = "Apribojimai ir draudimai už Viešųjų ir privačių interesų derinimo valstybineje tarnyboje istatymo pažeidimus: kai kurie probleminiai aspektai",
    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 issupported 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",
    author = "Virginijus Kanapinskas",
    year = "2014",
    doi = "10.13165/VPA-14-13-4-06",
    language = "Lithuanian",
    volume = "13",
    pages = "618--628",
    journal = "Public Policy and Administration",
    issn = "1648-2603",
    number = "4",

    }

    TY - JOUR

    T1 - Apribojimai ir draudimai už Viešųjų ir privačių interesų derinimo valstybineje tarnyboje istatymo pažeidimus

    T2 - kai kurie probleminiai aspektai

    AU - Kanapinskas, Virginijus

    PY - 2014

    Y1 - 2014

    N2 - 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 issupported 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.

    AB - 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 issupported 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.

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    KW - Private interests

    KW - Prohibitions

    KW - Public interests

    KW - Restrictions

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