"No science is immune to the infection
of politics and the corruption of power."

Jacob Bronowski
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Use of Work Equipment

 

Paying off a leased official car

The authority is leasing a Škoda passenger car under operating lease conditions, used by the authority’s Director General. He decides to stop using the official car and presents the lease company an application for premature termination of the lease contract. Additionally, the Director General sends the lease company a separate letter with an application for giving the purchase right to a third party, recommending it to be himself as a private person, and for setting the purchase price as the remaining value of the operating lease. The lease company indeed satisfies the Director General’s wish and the Director General as a private person acquires the passenger car for a price below its market value.

No

The Director General’s behaviour leaves an impression that his decision to terminate the official car’s operating lease was driven by his wish to obtain the official car on favourable terms as a private person. It casts a doubt on the unbiasedness of the Director General’s behaviour and on the purposefulness of the official car’s use because in a situation where the official car’s operating contract had not yet expired, the Director General decided to present an application serving the interests of himself as a private person. In any case, the Director General should have applied for the purchase of the official car on equal terms with other possible buyers, in order to prevent an apparent conflict of interests.

Use of a confiscated car given to the county government for keeping

The police have confiscated two cars that belonged to drug dealers and have given the cars to the county government for keeping before organising an auction for the cars. The County Governor decides to start using one of the cars as an official car.

No

As the confiscated vehicles were given to the county government for keeping only temporarily, in order to sell them on an auction, the county government’s duty is to ensure the proper preservation of the confiscated vehicles. Pursuant to the Government of the Republic’s relevant regulation, revenue from the sale of confiscated property must be transferred to the state budget, from where it can be transferred later to the item’s legal owner (if the legal owner could not be identified before the property’s sale). The County Governor does not have the right to use a confiscated car as an official car.

Subletting an official apartment

An official is assigned a state-owned two-room apartment in the neighbouring county for the duration of performing official duties. The official does not have to pay rent for it and has to pay only for the utility costs. The daughter of the official’s acquaintance studies in a university and is looking for an apartment for a favourable price in the same region for the duration of her practical assignment. The official decides to help her out and offers his acquaintance’s daughter an opportunity, subletting her one room of the official apartment for terms more favourable than the average market price.

No

An official apartment is not the official’s personal property to be possessed, used and disposed at own discretion. It is provided to the official as a temporary dwelling in another service region. Subletting premises allocated as an official apartment can be considered unpurposeful use of state assets i.e. using the state assets to earn personal income, therefore it is not allowed to sublet an official apartment this way. Pursuant to the State Assets Act, § 15 (3), state assets may be sublet to another person only with the written consent of the administrator of the state assets and the subletting agreement must be public and be recorded in the State Real Estate Register.