Abstract

The application of the provisions of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions encounters numerous problems. The article makes note of some of them, at the same time describing methods of coping with traps set by the legislator. Is the appointment of a person involved in business activities to a public function, referred to in Article 2 of the Act, not to be deemed invalid, or even is it allowed by the law? By what time limit a person appointed to a public function should cease their earlier business activities prohibited by Article 4 of the Act – if the legislator failed to specify such a time limit in relation to the majority of entities the Act applies to? How should the notion of “the share of the State Treasury”, used in Article 6 of the Act and specifying merely an exception from the ban of conducting business activities, be understood? Finally, what legal consequences should follow the fact of resignation from banned business activities submitted after the prescribed deadline?