Responsibility in case of conflict of interest should be individualized, legal expert

Very serious analyses are needed for individualizing responsibility, especially in the case of the conflict of interest. An optimal solution should be found to ensure the principle of justice, individualization of responsibility depending on the gravity of the deed and predictability of accountability, Viorel Rusu, legal expert of the Congress of Local Authorities of Moldova (CALM), stated in a news conference at IPN.

Several years ago, the CALM warned the decision makers, starting with the National Integrity Authority (NIA) and ending with Parliament, that the legislation is restrictive and unilateral and does not take into account the particularities of the local public authorities. “Also then, it was requested to constitute a working group so as to find a solution and not to transform the problem of the conflict of interest into a cudgel for particular deeds,” stated the expert.

Viorel Rusu noted the responsibility in the field of integrity should be individualized. The legislation stipulates only one punishment – ban on fulfilling particular duties for a period of three years. “This means that all those who violate, for example, the road traffic rules, from non-turning on of lights to ignoring of the red color of traffic lights, should be stripped of the driver’s license for a three-year period,” stated the expert.

Viorel Rusu also said that the NIA should focus on preventive measures so as to prevent the conflicts of interest by training, by providing swift assistance, especially to the local elected officials. With a delay, the NIA signed an agreement with the CALM so as to organize training seminars, but the problem of legislation hasn’t been solved.

“They often say that all are equal and the treatment should be equal. This is evident, but equal treatment does not mean that everyone should be held accountable without taking into account the attenuating circumstances. The statistics of cases show that the NIA fulfills the plan namely on account of local elected officials, mayors and also on some of the councilors, to a smaller extent. At the central level, there are not many cases even if there are functionaries there who also allow conflicts of interest,” stated Viorel Rusu.

The news conference forms part of the series of conferences held in the framework of IPN’s project “Exposing Injustice through Multimedia”. IPN Agency does not assume the right to decide if the organizers of news conferences are right in the cases about which they will speak as this is the exclusive prerogative of justice, but the exaggeratedly long examination period of these cases, which is much longer than the law allows, can be considered an act of evident unfairness and injustice. IPN News Agency does not bear responsibility for the public statements made in the public sphere by the organizers of news conferences.

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