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).
Steps of the Slovak Republic in the Fight against Corruption
1. Dr. iur.Michaela Kontríková
Ministry of Justice of the Slovak Republic
International and European Public law Department
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. 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. In the Fight against Corruption, it was
necessary to provide changes in the
following legislation:
Criminal law
Civil law
Administrative Law
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. 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. 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. 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. 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. 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 publication
2.Obligatory publishing of contracts
3.Subjects with obligation to publish contract
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. 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. Act on Public Procurement
Electronic 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. 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