The legal regulation of the conflict of interest situation in Kuwaiti and comparative law.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Due to the problems and risks arising from conflicts of interest on the integrity and fairness of the performance of public employees, as well as on the stability of state institutions and their employees, which exposes all responsible parties to risks, threatens development in general, and undermines the authority of the law; and considering that conflicts of interest are one aspect of corruption included in the United Nations Convention against Corruption, it is important to regulate the handling of these cases, which is why this law was enacted. Legislation is issued to organize the behavior of individuals in society in a way that the legislator sees as necessary to achieve two essential outcomes. The first is to establish social peace in accordance with the rule of law, equal opportunities, justice, and equality. The other outcome lies in protecting individuals in their persons, property, and interests. It is noteworthy that legislation aimed at the latter often takes the form of criminal legislation, outlining actions that individuals must undertake or behaviors they must refrain from, followed by stipulations on the punishment that violators will face.

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