Periodic update (April 2004)
Implementing the government's priority through the establishment of a single agency entrusted with a task both to combat and prevent corruption, elaboration of an anti-corruption strategy and continuing work on improvement of the legislation is a remarkable progress on the way of strengthening the institutional and legal framework for enforcement of anti-corruption policy.
- The Law on Corruption Prevention and Combating Bureau foresees that the Bureau is responsible for coordination of cooperation of the agencies involved in the anti-corruption activities in line with a National Strategy for Preventing and Combating Corruption. The Bureau has elaborated the National Strategy for Preventing and Combating Corruption for 2004-2008 and it has been adopted by the Cabinet of Ministers. Based on indicated current problems, 7 guidelines of activities in the future were elaborated:
- prevention and combating of state capture;
- prevention and combating of inexpedient, inefficient, and illegal use of state and municipal property;
- activities for improving the control of property status;
- activities for improving corruption combating in ensuring quick and high quality investigation of criminal cases;
- activities for ensuring legitimate and expedient allocation of funding of European Union and international institutions and organizations;
- activities for providing and improving internal anti-corruption systems in every state and municipal institution;
- activities for increasing legal awareness of anti-corruptive issues among state officials and other members of the society.
- Currently, within the competence of the Bureau 30 criminal cases. Few of them the Bureau has received from other law enforcement institutions for investigation. The rest criminal cases the Bureau itself has initiated. 15 cases are passed to the Prosecutor's office for criminal prosecution. The remaining cases are in the stage of investigation. 3 cases have been passed to the Court.
- Currently there are 39 examinations in the competence of the Bureau with regard to violation of public procurement procedures.
- The Bureau has asked the Court to stop activities of 11 political parties for not submitting the annual declaration on finances as provided in the respective law. The Court has ruled in 5 cases to stop activities of respective political parties for not submitting annual declarations. Currently, the Bureau is implementing an extensive examination of the political parties' finances as it is envisaged in the respective law. So far, the Bureau has detected that 23 political parties have received donations which are in contradiction with the Law on Financing of Political Parties in total amount of more than 400 000 EURO. 5 criminal cases were initiated for forgery of document, steal or stamp and use or sale of a forged document to issue false payment orders for voluntary contributions for the benefit of political organizations.
- Since June 2003, the Bureau is mandated to bring administrative charges against public officials and to impose penalties for violation of restrictions provided in the Law on Prevention of Conflict of Interest. So far 34 public officials were charged administratively (in 30 cases a fine was imposed) and mostly for violation of restrictions on combining the offices and for taking decisions in their own interest. In 41 cases charges could not be imposed due to statute of limitations (negative prescription). Non-compliance of income and expenditure in activities of public officials was detected in 52 cases. Information on non-compliance of income and expenditure has been forwarded to the State Revenue Service and penalties were imposed apart from obligation to pay income tax to the state budget for acquired income.
- Many measures have been taken in completion of corruption prevention and combating legislative basis in both: elaborating amendments to the laws in place and drafting laws on accession to international conventions. Currently:
- 1995 Convention on the protection of the EC' financial interests and its Protocols (PIF Convention). The Bureau elaborated and submitted to the Cabinet of Ministers draft law on ratification of Protocol of the mentioned convention.
- Draft law on ratification of the 1997 Convention on the Fight Against Corruption involving Officials of the European Communities or Officials of MS of the EU has been passed to the Parliament for the first reading.