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LAW No. 06/L-011
ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF A PUBLIC
FUNCTION
The Assembly of the Republic of Kosovo,
Based on Article 65 (1) of the Constitution of the Republic of Kosovo,
Approves:
LAW ON PREVENTION OF CONFLICT OF INTEREST IN DISCHARGE OF A PUBLIC
FUNCTION
CHAPTER I
GENERAL PROVISIONS
Article 1
Purpose
The purpose of this law is to strengthen the integrity of the public sector as well as guaranty the
discharge of public duties in an objective, impartial and transparent manner in service of public
interest through identification, prevention, management and resolution of conflict of interests of
officials.
Article 2
Scope
The provisions in this law define the principles, rules and procedures of permitted and prohibited
activities of officials in the performance of public duties as well as the measures foreseen for
violation of provisions defined in this law. This law regulates also the procedures for reporting
obligations, measures for prevention, identification, management and resolution of conflict of
public and private interest during and after discharge of official public duties and the duties and
responsibilities of competent authorities.
Article 3
Definitions
1. Terms used in this law shall have the following meaning:
1.1. Public interest – lawful and just material or immaterial interest to the benefit of
citizens.
1.2. Private interest of an official – any advantage of the official person, his family,
relatives, friends and persons or organizations with which he had or has business
relations.
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1.3. Senior official – senior public officials defined by the respective law for declaration,
control and origin of property.
1.4. Official person – every other person elected or appointed in a governmental body
as well as official persons designated by the Criminal Code of the Republic of Kosovo
who exercise public duties and are not included in sub-paragraph 1.3 of this Article.
1.5. Official - any senior official and any official as per sub-paragraphs 1.3 and 1.4. of
this Article.
1.6. Person related to an official – spouse or the live-in partner, relatives in a direct
blood line with no limitations, relatives in an indirect line up to the fourth level, the
adopter, the adopted, relative on the spouses side up to the second level and every
legal or natural person who has had or has a joint pecuniary or non-pecuniary interest
with the official. For the purposes of this Law, the legal entity is considered as related
person according to the provisions of the Criminal Code of the Republic of Kosovo.
1.7.Trustee – a natural or legal person who in an independent manner exercises the
rights of the administration of the enterprise or other rights defined by the agreement
on shares or parts of the capital owned passively by the senior official. Trustee cannot
be the spouse, children, another official or person with ties of dependency, even be that
indirect, due to the public function with the official in question and an enterprise or non-
profit organization where the official owns parts of capital or shares or has had or has
relation of interest of any kind.
1.8. Active ownership of shares or parts of capital - full exercise of all rights deriving
from the ownership of shares or of the parts of capital.
1.9. Passive ownership of shares or of parts of capital - a situation when owner
maintains the right to benefit civil fruits of the ownership but shall not exercise any other
action over this property. All other actions such as administration or management and
governance of the enterprise are carried out by the trustee appointed by the owner in
his name but on behalf of the senior official on the basis of an agreement concluded
between them.
1.10. Undue benefit– any property and undue material or immaterial benefit.
1.11. Gift – defined under the relevant Law on the Declaration, Control and Origin of
Property.
1.12. Decision – last moment of the decision-making process during which the final
content of the act or contract is decided on as well as preliminary moments of decision
that are essential and determining in which participation, influence and position of the
official determine the final content of the act or contract, and any action of the official in
exercising their public function.
1.13. Institution – public institutions at central and local level, enterprises of central
and local level where there is participation of state or local capital and other institutions
established by law.
2. Words of one gender shall include the other gender too.
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Article 4
Subjects
Except when explicitly provided otherwise in this Law, subject to this Law are officials defined
in paragraph 1., sub-paragraph 1.5. of Article 3 of this Law. Persons related to officials and
trustees are subject to this law as defined in the relevant provisions thereof.
Article 5
Principles of official’s actions and inactions
1. An official shall exercise his functions in compliance with Law and with the appropriate Code
of Conduct.
2. An official shall perform his function with honesty, consciousness and impartiality, shall
maintain the official’s and institutional’ authority and through his work shall raise public trust for
the institutions.
3. During the discharge of public functions, an official must act in protection of the public interest
and has no right to put his private interest before the public interest.
4. During the discharge of public functions an official shall act with transparency and shall respect
representing bodies’ rights as well as citizens’ rights to be informed about his performance as
a public person.
5. An official shall be held responsible for his actions during the discharge of functions entrusted
to him by an institution or by citizens.
6. An official shall not be allowed to carry out an illegal activity or withhold from carrying out
a legal activity, during the exercise of his functions, for the purpose of obtaining an undue
advantage for himself or a person or another entity.
7. Apart from the reimbursement permitted on the bases of applicable legal provisions, an
official has no right to accept or solicit any other reward or an offer or the promise of a reward
for tasks performed during the discharge of public functions.
8. An official must avoid the conflict of interest regardless if the conflict is factual, potential or
apparent.
9. The official cannot use his position or function to advance his own personal interests or
interests of the relatives.
CHAPTER II
CONFLICT OF INTEREST
Article 6
Conflict of interest
A conflict of interest may result from circumstances in which an official has a private interests,
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which influences, might influence or seems to influence the impartial and objective performance
of official duties.
Article 7
Identification of conflict of interest and the source of information
1. Notwithstanding any other legal obligations, any person who has knowledge or reasonable
suspicion about a conflict of interest of any official shall notify the official’s employer institution
or the Anti-Corruption Agency (hereinafter: the Agency).
2. Parties affected by the actions of the official or any person who has knowledge and legitimate
interests must provide the available information regarding the case.
3. Person who provides founded information on cases of conflict of interest shall enjoy protections
in accordance with the Law.
Article 8
Obligation for prevention and resolution of conflict of interest
1. When taking public duty and during its discharge, the official has a duty to prevent and
resolve in the most effective possible way any situation of conflict between his public and private
interests.
2. If an official has suspicion or determines that a conflict of interest has occurred or may occur,
he shall consult and inform as soon as possible his superior or the managing body. During this
time, the official shall suspend all actions related to this issue, until a relevant decision is made
in connection with the case.
3. Each manager and managing institution shall take the necessary measures to prevent and
resolve cases of the conflict of interest.
4. In cases when manager or managing body is not convinced about the existence of the
conflict of interest or if they consider that they have or may have a conflict of interest as well,
they will address this to the Agency, which shall make a decision on the case.
5. When facing situations provided for under paragraph 3. of this Article, institutional managing
officials who do not have direct line superiors, shall address them to the Agency.
6. The official or the institution shall undertake actions under paragraphs 1. to 5. of this Article
within thirty (30) days.
7. The Agency shall take appropriate actions and informs the above mentioned entities as soon
as possible but not later than the deadline specified in Article 22, paragraph 3. of this Law.
Article 9
Forbidden action for officials
1. In exercising a public function an official is forbidden the following actions:
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1.1. request or accept a gift or other undue advantage for himself or any other person,
or offer or promise for a gift, in order that the official acts or refrains from acting in the
performance of his public duty;
1.2. to solicit, appropriate, accept rewards, gifts, undue advantage or services for
himself or other persons as a compensation for his determination during decision-
making process;
1.3. to influence the decision of any official or public body for undue advantage to
themselves or of any other natural or legal person;
1.4. to promise, offer or give gift or any other undue advantage in exchange of any
actual or promised gift or undue advantage;
1.5. to influence the contracting, awarding of public works or supplies for undue
advantage to themselves or of any other natural and legal person;
1.6. to use confidential information on his possession or information obtained in good
faith during the discharge of public functions for undue advantage to themselves or
to any other natural and legal person, co-shareholders or persons in earlier business
relationship in the last five (5) years;
1.7. to influence the decision making of legislative, judicial or executive entities, while
using public function, for undue advantage to themselves or to any other natural or
legal person, co-shareholders or persons in earlier business relationship in the last five
(5) years;
1.8. to take actions which in a way shall suit to his personal interest or to the interest
of any other natural or legal person, co-shareholders or persons in earlier business
relationship in the last five (5) years;
1.9. to take actions which in a way shall suit or shall be in favor of private interest of
another person to the detriment of the public interest;
1.10. to gain for himself, persons related to him and the trustee any existing or future
undue advantage, gift, part in capital, shares and property from public enterprises
where the public institution where he is a representative has parts in capital or in
shares, including direct or indirect undue advantage from suppliers or clients of these
enterprises;
1.11. to gain for himself, persons related to him and the trustee any existing or future
undue advantage, gift, part in capital, shares and property from private legal persons
who are awarded public contracts, crediting or other public funds, privatization of public
property, relief from custom or tax obligations or who exercise activities in free zones
in cases when he was involved during the discharge of the function and has directly or
indirectly influenced the gaining of the right to their benefit;
1.12. to undertake actions with punitive effects or to become an obstacle for gaining
of legal rights of officials or subjects that provide information on cases of conflict of
interest of the official, persons related to him or trustees for this matter.
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1.13. use or allow official assets of the employing institution to be used, including official
documents, for any other purpose that does not comply with the exercise of public duty.
Article 10
Exercise of other activities by an official
1. An official elected as a representative of a political party reserves the right to exercise his
functions within the political party unless otherwise provided by a special law.
2. During the discharge of public functions, an official may exercise his activities in the area of
science, sport, education, culture and humanitarian activities, unless otherwise provided for by
other laws.
3. During the discharge of public functions, an official may gain profit on bases of copyright,
patents, intellectual and industrial property and other similar rights, unless otherwise provided
by law.
Article 11
Prohibited work for official
1. An official shall be prohibited to perform other work if:
1.1. he may abuse the official information for private interests;
1.2. such work may affect the impartiality in exercising public duty and undermine
compliance with the principles of free competition;
1.3. such engagement may damage the reputation of the institution;
1.4. such engagement is related to selection, appointment or assignment in subordinate
institutions of the employer institution, unless such advocacy is provided by a specific
law.
Article 12
Restrictions on high officials in the exercise of other activities in addition to public
function
1. Senior official cannot exercise the professional activities of advocacy, notary, private bailiffs,
insolvency administrator, licensed expert, consultant or agent of legal persons and cannot be
employed full time in another job.
2. For the purposes of this Article, professional activity means activities that require a license
under applicable law.
Article 13
Incompatibility with the discharge of public functions
1. Senior official cannot be a manager, an authorized representative or a member of managing
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or supervising body of private legal profit-making as per Law on business organizations and
non-governmental organizations, with the exception of entities defined in Article 14 of this Law,
political parties and cases when such a position is dictated because of the function.
2. Senior official cannot be a member of more than one steering body of a public owned
company, joined shareholding company in public ownership as well as bodies of other public
institutions, unless otherwise provided explicitly by the law. Senior official, as a member of the
bodies referred in this paragraph, has no right of financial compensation, except for the right to
reimbursement of travel costs and other costs associated with it.
3. Persons referred to in paragraph 1. and 2. of this Article, as well as enterprises, where senior
official owns a share or parts of property, which are being managed by the trustee or relative,
have no right to establish contracts with or gain assistance from central or local institutions in
which the senior official exercises a public function.
4. If a senior official acts in contradiction with paragraph 3. of this Article, the Agency shall
request from the competent body to cancel the contract with the enterprise and to return any
undue advantage of the enterprise to the institution where the senior official exercises public
office.
Article 14
Membership in non-governmental organizations
1. Senior official has right to be a member of a steering body, with the exception of the steering
function, of a non-governmental organization in the field of science, sport, culture, humanitarian
activities and similar without the right for monetary compensation, except the right for travel
expenses reimbursement and expenses related to these.
2. Non-governmental organizations under paragraph 1. of this Article shall not be entitled to
enter into a contract with or receive funding from the employing institution of the official who is
a member of the governing body of this organization.
Article 15
Transfer of enterprise governing rights
1. Senior official cannot actively exercise the right of administration and management in an
enterprise, regardless of its field of activity.
2. During the discharge of public functions, a senior official, who owns shares or parts of a
capital of an enterprise, shall transfer his enterprise administration or managing rights to a
trustee.
3. Thirty (30) days after his election, appointment or engagement to a public duty, senior official
is obliged to transfer enterprise governing rights to a trustee, whereas the Agency shall be
informed in written within five (5) days from the transfer of these rights about the trustee and the
evidence of transfer of managing rights.
4. Trustee as provided under paragraph 2. of this Article shall act towards implementation of
senior official’s rights and of capital rights on his name but on behalf of senior official.
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5. If the trustee or relative establishes business relations with central and local governing
institutions, public enterprises or with private enterprises where the public ownership capital
is over five percent (5%) of the total capital or of the shares, he is obliged to inform the senior
official and his employing institution regarding such business relations.
6. During the time when administration and managing rights over the enterprise are transferred
to the trustee, senior official has no right to represent the business, declare of his business, offer
information, instructions, orders or exercise influence in any way, to stay in connection with the
trustee in a way that influences the execution of rights and accomplishment of tasks arising from
the administration and governing of such enterprises.
7. Senior official has the right to be informed about the developments and situation in the
enterprise where he has his shares or parts of property. Parties, in any case, maintain the right
to resolution of the agreement.
8. Senior official has right to regain administration or managing rights from the trustee, when
conditions, which according to the law dictate such an action, cease to exist.
Article 16
Attempts and influence on official’s volition
1. In the event of attempts to influence official’s volition, the official must submit a written
notification and consult his superior or the managing institution of the body, which has elected
or appointed him, in order to avoid any influence on his volition.
2. If an official during the discharge of his public functions becomes openly or anonymously
subject of a direct or indirect influence to vote or take a particular decision, he shall submit a
written notification to the institution which has elected or appointed him as well as the Agency
which after the review will decide if there is a reasonable basis to inform the prosecuting
authorities.
3. In cases of attempts or in case of exercise of influence over official’s volition, the official must:
3.1. refuse such an offer;
3.2. try to identify the offerer if the offer is anonymous as well as reasons or probable
interests;
3.3. if a gift is in question, which as a result of circumstances, cannot be returned, the
official must immediately make a report in written and handover the gift to his superior
as soon as possible, and no later than five (5) days;
3.4. if possible to indicate the eye witnesses of the event.
4. If it is concluded that the voting and decision making process is in contradiction with paragraph
3. of this Article, decision shall be considered annulled by relevant institution.
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CHAPTER III
DECLARATION OF PRIVATE INTERESTS
Article 17
Case by case declaration of official’s private interests
1. Each official during the discharge of his public function is obliged to make a preliminary case
by case self-declaration, on basis of his knowledge and in good faith, of the existence of his
private interests or those of persons related to him in regards to the decision making in a certain
issue, that might be a cause for a conflict of interest and to withdraw from this decision making.
2. Case by case declaration of private interests is to be done by the official whenever this is
required by the superior or by managing or supervising institution. As a rule, declaration shall
be requested and made in advance. When this is not possible or when it has not happened, the
declaration may be requested and made as quickly as possible but not later than thirty (30) days
from the date of request or finding of conflict of interest.
3. Self-declaration or declaration on request, as a rule, is to be done in written when an official
is included in a decision-making process for particular issues.
4. For each case of occurrence of a case by case conflict of interest, the employing institution
registers the identity of the official, his private interests, reason for a conflict of interest and
the conflict or the incompatibility found, stakeholders, source of the information, as well as
decisions taken for their prevention, treatment and resolution.
5. Declarations on private interests and all accompanying documents are considered official
documents.
CHAPTER IV
RESTRICTIONS AFTER TERMINATION OF PUBLIC FUNCTION
Article 18
Restrictions for senior officials after termination of public function
1. Senior official has no right:
1.1. to be employed or appointed for a period of up to two (2) years after termination of
the public function, in a leadership or management position, or be involved in the control
or audit of public and private institutions and their subordinate institutions which have a
business relationship with the institution where he has exercised a public function, if his
duties during the two-year period prior to the termination of public function were directly
related to supervision, control or sanction of their activity;
1.2. for a period of two (2) years after his public function is terminated, to get involved
in a direct contractual relationship or through a relative or trustee, with the institution in
which he has exercised public function;
1.3. for a period of two (2) years after his public function is terminated, to represent,
assist or advise any natural or legal person, directly or through a relative or trustee, in a
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conflict or business relationship with the institution, regarding the job he has performed
or is ongoing; and
1.4. for a period of two (2) years after his public function is terminated, to use the
privileged or confidential information obtained during the exercise of the public function
for other purposes or employment in the future to his private interest or that of a relative
or trustee.
2. The institution in which the senior official has exercised a public function cannot do business
with the subject in which the former official, a relative or a trustee have a share of no less
than five percent (5%) as the rights of founders, management or capital, be that through direct
participation or through the participation of other legal persons, until a year has passed after the
public function has terminated.
3. The institution in which the senior official has exercised a public function shall immediately
and at latest within thirty (30) days, inform the Agency of any of the situations referred to in
paragraph 1. of this Article.
CHAPTER V
SUPERVISION
Article 19
Measures for prevention and resolution of conflict of interest
1. In the exercise of a public function, the official, depending on the case and circumstances:
1.1. transfers his private interest and rights in the management of the enterprise as
specified in Article 15 of this law;
1.2. takes measures for self-exclusion or prior exclusion from decision-making process,
discussion and voting of the issue in conflict unless explicitly stated by law;
1.3. resigns from the duties, functions or activities that are in conflict or incompatible
with his public function;
1.4. resigns from the public function.
2. Every superior of the official or a leading institution shall take the necessary scaled and
proportionate measures, to avoid in advance and in every case the real or potential conflict
of interest as the result of the election, appointment or assignment of certain duties or
responsibilities of an official. These measures include but are not limited to:
2.1. the limitation of certain information to the official or avoidance of duties and
responsibilities that constitute cause in the appearance of conflicts of interest or
incompatibilities;
2.2. exclusion of the official from participation in decision-making;
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2.3. review or change the duties and powers of the official or transfer to another position
that avoids conflict of interest, to the extent that is otherwise provided by law;
2.4. avoidance of appointment or election of the official in functions in which conflicts of
interest exist or may arise;
2.5. revocation or cancellation of an act taken under conditions of conflict of interest.
3. Notwithstanding the above basic measures and any other measures provided by law, the
official or his manager in the hierarchy are not dispensed from liability when the measures taken
are not effective to prevent and resolve conflicts of interest or incompatibilities under this law.
4. The manager or managing institution shall notify the Agency on the measures taken to
prevent and resolve conflicts of interest or incompatibilities under this law.
Article 20
Responsible Authorities
1. The Agency is the central authority who is responsible for supervising the implementation of
the provisions of this law.
2. The authorities responsible for implementing this law in institutions are:
2.1.direct managers of officials, according to hierarchy, within an institution;
2.2.institutions and managing authorities according to law.
3. Institutions within their internal regulations, prescribe and implement specific rules in order to
prevent conflict of interest, depending on the field of activity of such institution.
4. The employing institution:
4.1. gathers and receives information from legitimate sources regarding the private
interests of an official, including public or private data, information provided by the media
and complaints of citizens according to the relevant law on protection of informers and
all other legal provisions in force;
4.2. verifies the reliability of resources and information in order to prove a conflict of
interest;
4.3. makes the official aware of the information provided on him that constitutes grounds
for a conflict of interest and give him the opportunity to prove otherwise if so requested
by the official;
4.4. shall notify in writing the reporting person within a period of fifteen (15) days to
further review the information.
5. The employer of the official registers the private interests of the official, undertakes appropriate
measures to resolve the conflict of interest and reports to the Agency within the time frame set by it.
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6. The authorities responsible for implementing this law in institutions shall submit to the Agency
each year for the previous year, but no later than January 31, a report on the activity carried out
in pursuance of this law, including cases of conflict of interest, the methods under taken for the
prevention or addressing them, the results achieved, and the status of addressing them.
Article 21
Duties and Powers of the Agency
1. The Agency performs the following duties and has the following responsibilities:
1.1. assists in preparing and improving policies and mechanisms for preventing and
avoiding conflicts of interest and monitors their implementation;
1.2. provides professional and technical assistance in counseling and supporting legal
and sub-legal initiatives, which must be taken by institutions in order to prevent conflict
of interest;
1.3. offers recommendations to the Assembly of the Republic of Kosovo about the
assessment of the draft laws that are related to the conflict of interests issues, upon
request of this institution;
1.4. performs administrative investigation in accordance with the administrative
procedure and provides recommendations for strengthening the capacities for the
management of conflict of interest in institutions;
1.5. provides advice to special senior officials, managers, managing institutions, at their
request, in specific cases of conflicts of interest, including specific advise to officials
under this law after the exhaustion of internal remedies in employer institutions and
when the involvement of the Agency is deemed necessary;
1.6. keeps records on cases of conflict of interest and appropriate measures taken
by the Agency and collects information reported by institutions for proper records of
declaration, addressing and resolution of cases of conflicts of interest;
1.7. provides opinions and takes other legal measures in order to prevent the conflict of
interest and corruption in general;
1.8. initiates legal actions in the competent institutions, in order to announce the
invalidation and mitigate the consequences resulting from it for administrative
documents and contracts issued under conditions of a conflict of interest, at the request
of interested parties or on its own initiative;
1.9. exercises any other authority, provided in this law.
2. The Agency, while exercising its duties and responsibilities, shall express itself through
decisions, recommendations and opinions.
3. The Agency has the right to participate as an observer at all stages in the public procurement
activities. When taking decisions that deal with the composition of evaluation and monitoring
committees for public procurement procedures, the head of the institution or its authorized
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representative shall notify the Agency in writing regarding the members of that commission
and for any possible changes. In case of a conflict of interest as defined by this law and the
legislation on public procurement, the Agency shall operate in accordance with this law. In case
of other possible irregularities, the Agency shall issue an opinion, and sends it to the appropriate
authorities and also publishes it.
4. For verification and administrative investigation of conflicts of interest and incompatibilities, the
Agency has the right to use the necessary information in all institutions and legal persons both
public and private, who are obliged to make available and/or provide access to the requested
information or their resources in favor of the Agency, no later than within fifteen (15) days.
Article 22
Administrative Procedures of the Agency in Cases of Conflict of Interest
1. The procedure shall begin at the Agency:
1.1. ex officio;
1.2. at the request of a senior official;
1.3. at the request of the official and following the approval by the employing institution;
1.4. at the request of the institution;
1.5. on basis of reporting by another person or on basis of anonymous information.
2. The procedure on conflict of interest in the Agency cannot be initiated if two (2) years have
passed from the date the act has taken place, unless otherwise provided by law.
3. The Agency shall notify the reporting person within a period of fifteen (15) days for further
processing of the information.
4. In case of based suspicion on existence of a conflict of interest, the Agency shall immediately
initiate the procedure to establish whether there is a conflict of interest and its consequences.
5. The Agency shall inform the senior official and the official person in cases defined under Article
21, paragraph 1., sub-paragraph 1.5. of the present law, about the initiation of administrative
procedure and upon his request shall notify him about the facts held by the Agency.
6. The Agency procedure is confidential. The Agency shall only make known the final results of
the conducted procedure.
7. If after selection, appointment, or after the confirmation of mandate, the official continues to
exercise an activity or a function which in accordance with this law is not compatible with the
new function, the Agency shall inform the official and the employing institution that he must
either quit this activity or resign from the function within seven (7) days.
8. In case the official continues to exercise activities or functions that are incompatible in
accordance with this law, regardless of warnings by the Agency, the Agency shall request the
employing institution to initiate a procedure for dismissing the official.
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9. The institution, where the official continues to exercise a function or an activity, which is
incompatible in accordance with the present law, shall initiate the procedure for dismissal from
function upon the request of the Agency.
10. When a Member of the Assembly exercises activities that are incompatible in accordance
with the present Law, the Agency shall notify the Chairman of the Assembly and shall request
initiation of legal procedures against him.
11. The competent authorities shall notify the Agency of the action undertaken by them within
fifteen (15) days of receiving notice.
12. All decisions issued by the Agency regarding a conflict of interest in discharge of public
office and breach of the provisions of this law, including prohibited or restricted acts during the
exercise of public functions, the exercise of other activities, incompatibilities in the exercise of
public function, shall be respected by officials and relevant institutions. They shall be published
on the official website of the Agency.
13. The Agency shall request the body who has issued a decision which is in conflict of interest,
to review, revoke and/or annul a legal act issued during conflict of interest. From the moment
when the Agency requests review of a decision, every action towards its implementation is
suspended until the point when such body decides on the validity of the decision.
14. The Agency shall request the administrative body to issue a declaration within thirty (30)
days of receiving notice, on the extent of damage caused by taking a decision under conflict of
interest.
15. Agency decisions on conflicts of interest shall be final in an administrative procedure.
16. For all initiated cases of conflict of interest through the responsible authorities, the Agency
shall decide within forty five (45) days. For other cases, the deadlines set by the Law on Anti-
Corruption Agency apply.
17. The Agency shall within sixty (60) days of entry into force of the present law, issue regulations
for defining forms for declaration and identification of conflict of interest.
CHAPTER VI
SANCTIONS
Article 23
Sanctions
1. Any violation of obligations provided for in this law which does not constitute a criminal
offense according to the Criminal Code of the Republic of Kosovo is a misdemeanor and shall
be punished with a fine as follows:
1.1. for violations of provisions under Article 12, Article 13, paragraphs 1., 2.and 3.,
Article 14; Article 15, paragraphs 1., 2., 3. and 6., Article 17, paragraph 2., Article 18,
paragraph 1., and Article 19, paragraph 1., the official or close persons shall be fined
from one thousand (1,000) Euro up to two thousand (2,000) Euro and double their
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amount in case of proven, repeated violation;
1.2. for violations of provisions under Article 9, paragraphs 1., sub-paragraphs 1.4.,
1.6., 1.7., 1.8., 1.9., 1.11., 1.12., 1.13. and 1.14., Article 13, paragraph 3., Article 15,
paragraph 4. and 5. and Article 18, paragraph 1., sub-paragraphs 1.2., 1.3. and 1.4. of
this law, the trustee shall be fined from one thousand (1,000) Euro up to two thousand
(2,000) Euro;
1.3. for violations of provisions under Article 8, paragraphs 3., 4. and 5., Article 16
paragraph 4., Article 18, paragraph 2., Article 19, paragraph 2., Article 20, paragraph
6., Article 21, paragraph 3. and Article 22, paragraph 9., the official in charge of the
institution shall be fined from one thousand (1,000) Euro up to two thousand (2,000)
Euro;
1.4. for violations of provisions under Article 13, paragraphs 1. and 3., Article 15,
paragraph 5., Article 18, paragraph 1. sub-paragraph 1.1., 1.2. and 1.3. and Article
21, paragraph 4. of this Law, the private legal entity shall be fined from one thousand
(1,000) Euro up to fifteen thousand (15,000) Euro;
1.5. in case information is withheld without justification from the Agency, according to
paragraph 4. of Article 21 of this law, persons in charge of the institution and of public
and private legal entities shall be fined from five hundred (500) Euro up to one thousand
five hundred (1,500) Euro;
1.6. for violations of provisions under Article 8, paragraphs 1. and 2., Article 9, Article
10, paragraph 4., Article 11, Article 16, paragraphs 1., 2. and 3., sub-paragraphs 3.1.,
3.2. and 3.3. and Article 17, paragraphs 1. and 4. of this Law, the official in charge or
relative shall be fined from six hundred (600) Euro up to one thousand five hundred
(1,500) Euro.
2. For violation of obligations defined in paragraph 1. of this Article, the court may impose
against senior public officials, managers or leaders of managing institutions apart from the fine
may be punished by Court other protective measures: prohibition of exercise of public functions
in duration from six (6) months up to two (2) years.
3. The Agency and any employing institution shall initiate a procedure for misdemeanors in
accordance with the law.
Article 24
Other legal responsibilities and consequences of acts
1. Any violation of the provisions of this law shall also be considered as a disciplinary offense,
regardless of any criminal liability. Disciplinary offenses are dealt with in accordance with the
rules regulating the labor relations and status of officials. Institutions/organizations that have
initiated disciplinary proceedings under this law should notify the Agency of the initiation and
outcome of those proceedings.
2. Provisions of this law shall not exclude disciplinary liability as well as criminal liability of
officials in accordance with the applicable legislation.
3. The Agency, any official, supervisor of the official and any institution shall file a criminal
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charge with the state prosecutor against an official who violates the obligations under this law,
which constitute a criminal offense under the Criminal Code of the Republic of Kosovo.
4. In order to initiate the appropriate procedure, the Agency, the official or official’s supervisor
shall notify the head of institution where such official is employed or has been employed.
5. The Agency shall initiate an administrative procedure so the institution may revoke or annul
legal acts issued by it under conflict of interest.
6. The Agency shall initiate an administrative and/or court procedure for revocation of acts and
for obliging the responsible official to settle the financial and material consequences of legal
acts issued under conflict of interest.
CHAPTER VII
FINAL PROVISIONS
Article 25
Repeal
With the entry into force of this law, the Law No. 04/L-051 on the Prevention of Conflict of
Interest in Exercising Public Functions shall be abrogated.
Article 26
Entry into force
This Law shall enter into force fifteen (15) days after publication in the Official Gazette of the
Republic of Kosovo.
Law No. 06/L-011
30 March 2018

Promulgated by Decree No.DL-020-2018, dated 20.04.2018, President of the Republic of
Kosovo Hashim Thaçi.