Conflict of Interest Regarded as Unethical Conduct

Mrvić Petrović, Nataša (2013) Conflict of Interest Regarded as Unethical Conduct. Безбедност : часопис Државног секретаријата за унутрашње послове НР Србије, 55 (1). pp. 5-16. ISSN 0409-2953

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Abstract

The paper explains the phenomenon of the conflict of interest and correlations between the conflict of interest and corruption. The criminological aspect has been supplemented by an analysis of legislation in the Republic of Serbia pertaining to the prevention of the conflict of interest in the public service (particularly the police). The objectives of the paper are to explain why the conflict of interest can be regarded as corruption in the broader sense, how it can be prevented and why legal provisions and ethical codes are not always effective in doing so. The paper applies sociological and legal methods. The theoretical analysis is based on the notions of the theory of social constructivism, which allows for the explanation of the impact of the cultural factor on corruption. Using the example of social circumstances in Serbia as the starting point, the author proves the hypothesis that the legal superstructure (including the codes of ethics) has no significant effect on the prevention of corruption if applied in a society where corrupt practice is considered to be morally acceptable.

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