Table of Contents

Corruption and Conflicts of Interest

Corruption and Conflicts of Interest

A Comparative Law Approach

Studies in Comparative Law and Legal Culture series

Edited by Jean-Bernard Auby, Emmanuel Breen and Thomas Perroud

As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.

Chapter 12: The legal regulations for the prevention of corruption of civil servants in Turkey and the Council of Ethics for Public Service

Çagla Tansug

Subjects: law - academic, comparative law, constitutional and administrative law, corruption and economic crime, public international law

Extract

Along with the international conventions concerning the fight against corruption among civil servants that Turkey signed,it is possible to argue that the legal regulations in Turkish national law are mostly directed toward the objective of 'punishing' corrupt practices in the public administration. In this context, the acts of embezzlement, malversation, failure to perform control duty, bribery,engaging in influence peddling, malfeasance, trading during public service, illegal disposition of properties of persons, illegal undertaking of the public service and illegal use of special signs and dress are penalized under the title of 'The Crimes against the Credibility and the Operation of the Public Administration' of the fourth section entitled 'Crimes against the Nation and the State and the Final Provisions' of the Turkish criminal law which entered into force in 2005. Law number 5607 of the Fight against Smuggling, wherein the crimes and misconduct concerning smuggling are regulated in detail, is another text providing criminal sanctions concerning the matter. The subject will be principally discussed with regard to administrative law in the framework of prevention of corruption. For this purpose, legal regulations regarding the prevention of civil servants from committing crimes related to their mission will be primarily discussed (section I). When the administrative entities that fight against corruption are examined, it is possible to argue that they are not operating only with the purpose of preventing corruption but also with fighting against it by ascertaining which acts are corrupt.

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