FIGHT AGAINST CORRUPTION

1
FIGHT AGAINST CORRUPTION
www.mpravde.sr.gov.yu
November 2008
2
Objectives

• It is one of the priorities of the Government of
  the Republic of Serbia
• It is a condition for abrogation of the visa
  regime by the EU and for acceleration of the
  association of the Republic of Serbia with the
  EU, which is in the interest of Serbias citizens

3
Objectives

• The Ministry of Justice has been taking all
  necessary steps towards the establishment of the
  legal framework and capacity to ensure a decisive
  fight against corruption and organised crime,
  including the implementation of international
  obligations and recommendations (GRECO, UN, EU)

4
International Instruments

• All international anti-corruption instruments,
  passed by international organisations which
  Serbia is a member of, have been adopted
• Law on Ratification of the UN Anti-Corruption
  Convention (?SCG Official Journal-International
  Treaties", No. 12/2005)
• Law on Confirmation of Criminal Law Convention
  on Corruption (?SRJ Official Register-Internationa
  l Treaties", No. 2/2002) i (?SCG Official
  Journal-International Treaties", No. 18/2005) i
• Law on Confirmation of Additional Protocol to
  the Criminal Law Convention on Corruption (?RS
  Official Journal-International Treaties", No.
  102/2007
• Law on Confirmation Civil Law Convention on
  Corruption (?RS Official Journal-International
  Treaties", No. 102/2007)

5
Measures Taken in the Fight Against Corruption

• Serbian Government adopted the National
  Anti-Corruption Strategy in December 2005
• Serbian Government adopted an Action Plan for the
  National Strategy Implementation in December 2006
  
• Serbian Government set up the Implementation
  Commission of the National Anti-Corruption
  Strategy and the Recommendations of the Group of
  States Against Corruption (GRECO) in 2006

6
GRECO June 2006 Report

• Joint First and Second Round Evaluation Report on
  the Republic of Serbia adopted by GRECO
• The Report comprises 25 binding recommendations

7
June 2006 GRECO Report

• The Republic of Serbia had the period of one year
  and a half to implement recommendations with
  respect to independence, specialisation and the
  resources available to national authorities
  involved in the prevention and the fight against
  corruption, the proceeds from corruption, the
  strengthening of the state administration
  capacity in the fight against corruption
  (training, Ombudsman, Commissioner for the
  Information of Public Importance), and the
  liability of legal entities for criminal offences
  of corruption.

8
June 2008 GRECO Report

• The Compliance Report on the Republic of Serbia
  by the Group of States Against Corruption (GRECO)
  for the Joint First and Second Evaluation Rounds
  adopted
• GRECO favourably assessed the efforts and the
  work of state authorities of the Republic of
  Serbia undertaken to fight corruption,
  particularly taking into account that RS had
  undertaken measures per each recommendation.
• After the adoption of the Report by the
  Government of the Republic of Serbia on 17 June
  the confidentiality note was removed and the
  Report, that may be found on websites of the
  Ministry of Justice of RS and the Council of
  Europe respectively, was allowed to be publicised.

9
GRECO 2008 actual results

• Out of 25 recommendations the Republic of Serbia
  has implemented twelve recommendations with
  respect to public procurement, the term of office
  of public prosecutors, the creation of special
  units within the Public Prosecutors Offices for
  combating corruption, cooperation between police
  and prosecutors offices, in-service training for
  police officers and prosecutors, witness
  protection programme, confiscation of property,
  Action Plan for the National Anti-Corruption
  Strategy implementation and the establishment of
  a monitoring mechanism, introduction of
  ombudspersons at central and local levels, access
  to information of public importance, training of
  civil servants on the fight against corruption,
  and adoption of codes of conduct for civil
  servants

10
GRECO

• According to GRECO, thirteen recommendations have
  been partly implemented and it expects the
  Republic of Serbia to notify this body within the
  coming year and a half on measures that Serbia
  will take for the purpose of their full
  implementation.
• In the period of three months since GRECOs
  evaluation, RS has taken the following measures
  to implement certain recommendations
• In October 2008 the National Assembly passed the
  following legislation
• Law on the Anti-Corruption Agency
• Law Amending the Law on the Financing of
  Political Parties
• Law on the Confiscation of the Proceeds from
  Crime
• Law on the Liability of Legal Entities for
  Criminal Offences

11
GRECO

• Following the adoption of the Law on the
  Anti-Corruption Agency, that is, after the
  creation of an independent anti-corruption body,
  three recommendations of the Council of Europes
  Group of States Against Corruption (GRECO) will
  be implemented as follows
• pantouflage (recommendation xviii),
• reduction of the value of gifts (recommendation
  xix)
• broader definition of public officials
  (recommendation xvii)
• Recommendation xxiii has been implemented after
  the adoption of the Law on the Liability of Legal
  Entities for Criminal Offences

12
Law on the Anti-Corruption Agency

• governs the creation, legal status, competence,
  organisation and manner of operations of the
  Anti-Corruption Agency, the rules referring to
  the prevention of conflicts of interest when
  exercising public office and the reporting on the
  property of persons exercising public office,
  the procedure and the decision making process in
  the event of violation of this Law, the
  introduction of integrity plans, as well as other
  issues significant to operations of the Agency

13
Anti-Corruption Agency

• Autonomous and independent state authority
• The Agency is accountable to the National
  Assembly for carrying out operations within its
  remit
• It has the capacity of a legal person
• The Agencys bodies include the Board (9 members)
  and Director

14
Competences of the Agency

• monitors the implementation of the National
  Strategy, its Action Plan and sector related
  action plans
• instigates a proceeding and pronounces measures
  due to violation of this Law
• passes decisions on conflicts of interest
• carries out operations in conformity with the law
  governing the financing of political parties
• renders opinions and guidelines on the
  implementation of this Law
• initiates amendments to and the passing of
  regulations in the anti-corruption area
• renders opinions with respect to the
  implementation of the Strategy, the Action Plan
  and sector related action plans
• oversees and carries out operations relating to
  the organisation of work coordination of state
  authorities in the fight against corruption

15
Competences of the Agency

• manages the register of public officials
• manages the register of property and revenues of
  public officials
• provides professional assistance in the
  anti-corruption area
• cooperates with other state authorities in
  drafting regulations in the anti-corruption area
• provides guidelines for the development of
  integrity plans in public and private sectors
• Introduces and conducts in-service training on
  corruption, in accordance with this Law
• keeps special records in accordance with this
  Law
• proceeds upon letters rogatory of legal and
  natural persons
• organises research, monitors and analyses
  statistics and other data on corruption
• in cooperation with competent state authorities
  it keeps abreast with the international
  cooperation in the anti-corruption area.

16
Most Important Provisions of the Law on the
Anti-Corruption Agency

• The Law contains precise provisions governing
  conflict of interest whilst exercising public
  office, rules on gifts received by public
  officials when exercising public office, the
  manner of reporting on the property of public
  officials and persons associated with them and
  monitoring of public officials property and
  revenue related situation, as well as proceeding
  and decision making by the Agency in the event of
  violation of this Law

17
Most Important Provisions of the Law on the
Anti-Corruption Agency

• Due to the infringement of provisions of the Law
  relating to the failure to report on their
  property or to provide accurate data on the
  property, public officials may be imposed a
  prison sentence from six months up to five years
  of duration. Should a prison sentence be imposed
  on them, their public office shall terminate and
  they will be forbidden to re-assume public office
  within the period of ten years.
• The competence of the Agency in respect of the
  prevention of corruption is reflected in the fact
  that the Agency shall monitor the Anti-Corruption
  Strategy implementation, initiate amendments to
  regulations, provides guidelines and proposals
  for the enforcement of measures referred to in
  the Strategy. Coordination between the Agency and
  state authorities and other legal persons, media
  organisations and civil associations has been
  regulated to prevent corruption.

18
Further Steps in Combating Corruption and the
Implementation of GRECOs Recommendations

• Currently a set of judiciary related laws is
  undergoing the National Assembly procedure (Law
  on the Organisation of Courts, Law on Judges, Law
  on the High Court Council, Law on Public
  Prosecutors Offices, Law on the State
  Prosecutorial Council, Law on Seats and
  Territories of Courts and Public Prosecutors
  Offices) whereby GRECOs recommendations ii and
  iv will be implemented.

19
Further Steps in Combating Corruption and the
Implementation of GRECOs Recommendations

• Significant efforts have been made in combating
  corruption by adoption of the legal framework in
  the National Assembly
• These efforts will be re-energised following the
  creation of the Anti-Corruption Agency
• The Agency fully operational 1 January 2010
• The Anti-Corruption Commission, as well as the
  Anti-Corruption Council as an authority of the
  Serbian Government will continue to monitor the
  Strategy implementation and take further measures
  in the fight against corruption

20
MINISTRY OF JUSTICE THE REPUBLIC OF SERBIA
22-26 Nemanjina Street 11000 Belgradewww.mpravd
e.sr.gov.yu
www.mpravde.sr.gov.yu