Legal regulation of conflict of interests in Czech republic de lege lata and de lege ferenda

Legal regulation of conflict of interests in Czech republic de lege lata and de lege ferenda Resumé: This work deals with the institute of conflict of interests. This legal institute is typical for all types of state systems, however efforts to legally regulate it as appropriate exist usually only in certain systems (in particular in democratic systems). This institute can be basically divided in so called incompatibility of functions and the conflict of interests as such (i.e. the conflict between the public and the private interest). Incompatibility of functions can be characterized as the basic requirement of each democratic legal state, which is reflected in the impossibility to concentrate functions (and related powers) which represent individual elements of state power. This first of all pre-empts misusing the entrusted public function and trust, further it also pre-empts misusing power up to the potential possibility of establishing authoritarian or totalitarian regimes. Therefore incompatibility can arise in particular where the division of powers exists, thus in particular in a democratic legal state. Separation of three individual basic pillars (i.e. legislative, executive and judicial powers) thus has its value in impossibility to concentrate functions from any of those pillars in the hands of..