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Steps of the Slovak Republic in the Fight against Corruption

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Presentation held by Dr. Michaela Kontríková, Ministry of Justice of the Slovak Republic International and European Public law Department, within the Regional Workshop on Georgia's anti-corruption and public service delivery reforms (22-24 September 2011).

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Steps of the Slovak Republic in the Fight against Corruption

  1. 1. Dr. iur.Michaela Kontríková Ministry of Justice of the Slovak RepublicInternational and European Public law Department
  2. 2.  Slovak Republic is a member of the international organisations dealing with combating corruption: 1. Organisation of the International Co-operation and Development (OECD) (e.g. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions) 2. Council of Europe (e.g. Criminal Law Convention on Corruption)
  3. 3.  3. United Nations (UN) (e.g. United Nations Convention against Corruption -UNCAC) 4.European Union (EU) (e.g.Council Framework Decision2003/568/JHA of 22 July 2003 on Combating Corruption in the Private Sector) Ref: Currantly there is an ongoing review of the implementation of the UN Convention against Corruption by Slovak Republic, according to UN implementation mechanism
  4. 4.  In the Fight against Corruption, it was necessary to provide changes in the following legislation: Criminal law Civil law Administrative Law
  5. 5.  Important steps to combat corruption effectively were:1.New definitions of the Offence of Corruption (Passive Bribery, Active Bribery, Trading in Influence) e.g. define of electoral corruption
  6. 6. 2.Regulation of the criminal proceeding by creating Special Authotities of Law Enforcement Special Prosecution Bureau Anti-Corruption Bureau Special Court Specialized Criminal Court which are institutions specialized on combating corruption and serve for break of links between criminals and state authorities.
  7. 7.  3. Adopting of legal instruments The Use of Agent: For the purposes of the disclosure, detection or conviction of perpetrators of a corruption crime, it shall be possible to use an agent Agents may not incite to the commission of crime; this shall not apply to the corruption of public officials or foreign public officials, if the ascertained facts indicate that the offender would have committed such criminal offence even if no order to use an agent had been issued.
  8. 8.  Agents must act in conformity with the purpose of the Code of Criminal Procedure and their actions must be proportional to the unlawfulness of the activities they help to detect, identify or prove Agents may also perform assignments in the territory of other States. Decisions concerning the deployment of agents in other countries shall, with prior consent of the competent authorities of the State in which the agent is to be deployed, be made by the President of the Police Corp; The same procedure shall apply if a foreign national is to be deployed as an agent in the territory of the Slovak Republic Agent does not have to be a police officer.
  9. 9.  Cooperating acussed If the filing of charges could significantly prejudice the disclosure of a corruption case, or the identification of perpetrators of such criminal offence, the police officer may, with prior consent of the prosecutor, temporarily postpone the filing of charges against cooperating accused, for as long as it is necessary. After filing of charges against such a person, it is possible- under certain conditions, to: -continue criminal prosecution -Conditional stay the criminal prosecution -Suspend the criminal prosecution. All mentioned steps in criminal law required legislative changes in the Criminal Code, Code of Criminal Procedure and adoption of new legal acts
  10. 10.  The Novel of the Civil Code of December 2010 sets up transparent tendering in the Public administration and State administration by Electronic Publishing of Procurement Contracts The main priciple is:„If the contract is not published, it is not effective!“ (otherwise it is effective in a day after publishment)1.Contracts with obligation of publication2.Obligatory publishing of contracts3.Subjects with obligation to publish contract
  11. 11.  Act on Free Access to Information Obliged persons, such as ministries, other central state administration, public institutions and their established budget organization or contributory organization shall publish the contracts concerning public funds, management of state property, property of the higher territorial unit or the property of legal entities established by legal act, or by EU funds in the Central Register of Contracts maintained by the Government Office of the Slovak Republic.
  12. 12. Main principles: „What is not secret is public“ (classified information, banking secrecy, tax secrets, protection of personality and personal data, trade secrets- to the extent determined by law are not published) Short period for publication for subject with obligation to publish – 7 days (after expiration of this period, the other contract party has the right to publish contract. If none of them publish this contract within 3 months, the contract is not effective!)
  13. 13. Act on Public ProcurementElectronic Auction The purpose of an electronic auction is the order of automatic evaluation of tenders after an initial full evaluation In the tender, restricted procedure or negotiated procedure with publication is public contracting authority or contracting authority oblige to use electronic auctions. transparent tendering in public sector allows public control saving public finance
  14. 14. Anti-corruption Line of the Government Office One of the initiatives to create European Anti-corruption Network Line is providing from Monday to Friday from 8:00 to 15:00 on the No. 0850111001 Citizens can announce the information about committing corruption offence annonymously The aim is to increase the public sensitivity on corrupt behavior
  15. 15. მადლობაThank you for your attention.