The Anti-Corruption Bulletin Dealing with Anti-Corruption Authorities (ACA’S) in Central and Eastern Europe
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1(8) THE ANTI-CORRUPTION R O A N I U T Y B K O E R N U L P A C R Y T J N N E E BULLETIN C BULLETIN OF THE CENTRAL ANTI-CORRUPTION BUREAU South-East Europe Anti-Corruption Authorities WARSAW 2017 The Central Anti-Corruption Bureau has the pleasure of presenting a new edition of the Anti-Corruption Bulletin dealing with anti-corruption authorities (ACA’s) in Central and Eastern Europe. The content of the magazine is the result of international cooperation continuously reinforced between the ACA’s in the region. The collaboration is not limited to operational activities, but also aims to exchange the best practices and solutions as well as to promote peer institutions established to fight corruption. The Bulletin contains self-descriptions of the authorities and the original versions of translations of the legal acts which formed the grounds for their establishment, as they were provided by the ACA’s. EDITOR-IN-CHIEF: Iwona Czerniec CONTACT: The Central Anti-Corruption Bureau Al. Ujazdowskie 9 00–583 Warsaw COVER DESIGN AND COMPOSITION: The Central Anti-Corruption Bureau Al. Ujazdowskie 9 00–583 Warsaw PRINT: Publishing House: Police Training Centre in Legionowo ul. Zegrzyńska 121, 05–119 Legionowo FRONT COVER PHOTO: www.freepik.com Edition: 300 copies ISSN 2083-7127 The Anti-Corruption Bulletin TABLE OF CONTENTS South-East Europe Anti-Corruption Authorities 1 in Light of European Partners against Corruption (EPAC) 5 Anti-Corruption Standards 2 National Integrity Agency (ANI) – Romania 25 Best Practices in Preventing and Countering Corruption. 3 The Experience of DGA – Anti-Corruption General Directorate, 75 Ministry of Internal Affairs – Romania National Anticorruption Directorate (DNA) – a Specialized 4 Structure for Combating High Level Corruption in Romania 82 5 National Anti-Corruption Centre (NAC) – Moldova 98 6 Anti-Corruption Agency (ACA) – Republic of Serbia 126 Special Investigation Service of the Republic 7 of Lithuania (STT) 167 Law of Ukraine on the National Anti-Corruption Bureau 8 of Ukraine (NABU) 181 9 Central Anti-Corruption Bureau (CBA) – Poland 186 10 Summary 252 6th International Anti-Corruption Conference. 11 Reinforcement of International Cooperation in the Field 255 of Prevention of and Fight against Corruption No. 1/2017 The Anti-Corruption Bulletin 5 South-East Europe 1 Anti-Corruption Authorities in Light of European Partners against Corruption (EPAC) Anti-Corruption Standards In the times when both the governing elites undue influence. The states should also provide and society notice that corruption is reflected specialised staff and training that such staff may not only in the depletion of the state budget require to carry out their functions. and its stability, but also in the content of the Combating corruption constitutes the most wallets of ordinary citizens and their security, serious problem in the post-communist coun- social and political awareness aiming to prevent tries. Years of social and political determinants, and combat this phenomenon tends to grow. an extensive administrative system which did All countries have been joining their endea- not render services to the citizens and ma- vours to develop the best mechanisms to fight king significant decisions dependent on a ci- corruption. International conventions oblige the vil servant’s whim ingrained a belief in society signatory states to establish anti-corruption au- that bribes must be paid. “Settling” issues for thorities vested with powers set forth in national money, openings for particular persons or the laws. Cross-border and transnational crime force “favour” for “favour” practice became common- different nations to strengthen and streamline place of the communist countries in Europe. In international cooperation as well as to build on the new reality, the countries have to cope with previous expertise of other agencies. During the problem not only on legal grounds, but international events, such as seminars or con- also on social and cultural. ferences, the authorities exchange best practi- Beside Poland, also Romania, Moldova, ces arising from a long-term involvement in the Lithuania, Serbia, and Ukraine got involved in fight against crime, including corruption. the fight against corruption in a similar context. As a result of the dynamically evolving reali- Each of the countries established an authority ty, the European Union requires from the mem- specialised to counteract and combat corrup- ber states, acceding and candidate countries to tion. Poland set up the Central Anti-Corruption establish anti-corruption authorities and ensure Bureau (CBA) as a coordinator of activities under- their efficient operation. Leaving the structural taken by agencies fighting corruption. Romania issues at the states’ discretion, the EU obliges shared competences between the National the states to vest the bodies with necessary in- Integrity Agency (ANI), the Anti-Corruption Ge- dependence, to enable the bodies to carry out neral Directorate (DGA), and the National Anti- their functions effectively and free from any corruption Directorate (DNA). Lithuania founded 6 SOUTH-EAST EUROPE ANTI-CORRUPTION AUTHORITIES... the Special Investigation Service (STT), and Mol- 2. independence, which constitutes the 1 dova the National Anticorruption Center1 (CNA). grounds for the credibility of ACA’s, in- Serbia established the Anti-Corruption Agen- cluding political independence, functio- cy and Ukraine the National Anti-Corruption nal independence (meaning powers and Bureau of Ukraine. competence which enable to perform International organisations support Euro- the ACA’s statutory tasks), institutional pean countries in their endeavours to curb cor- independence (the position in the admini- ruption through issuing guidelines which assist strative system of the state, the manner of establishing anti-corruption policies and codes appointing as well recalling, removing and of ethics as well as shape proper attitudes of citi- dismissing of the ACA authorities) as well zens and civil servants. as financial independence (eliminating In November 2011, at the 11th European the possibilities of undue influence on the Partners against Corruption/European Con- ACA’s decision through financial means al- tact-Point Network against Corruption (EPAC/ locations); ACA’s should perform their ac- EACN) Annual Professional Conference held in tivities without undue influence or undue Laxenburg, Austria, having considered contri- reporting obligations on their decisions butions from the Member States concerned, and procedures undertaken; the notion EPAC adopted Anti-Corruption Authority Stand- of independence also covers the term in ards.2 The elaboration is based on international office of the head of the ACA;4 conventions and other legal instruments, basi- 3. accountability regulated by proper proce- cally on the United Nations Convention against dures and mechanisms which ensure the Corruption, the Council of Europe Criminal Law assessment of the bodies’ performance and Convention on Corruption, the Council of Eu- their compliance with the law and the prin- rope Civil Law Convention on Corruption, the ciples of ethics while allowing space for me- Council of Europe Resolution (97) 24 on the chanisms to protect the authorities against twenty guiding principles for the fight against malicious and unjustified accusations; corruption, the Organisation for Economic 4. integrity and impartiality in performing pro- Co-operation and Development (OECD3) Con- fessional duties, and to be an exemplar of vention on Combating Bribery of Foreign Public the standards and values that the authority Officials in International Business Transactions seeks to promote and enforce; (OECD Anti-Bribery Convention). 5. accessibility consisting in: (1) providing so- EPAC presents ten standards which should ciety with tools to prevent and report cor- be satisfied by anti-corruption authorities. They ruption, including by anonymous commu- were also meant as guidelines in the abovemen- nication channels; (2) the anti-corruption tioned countries, providing an opportunity to authority, in turn, should have access to all streamline an effective fight against corruption. necessary information, subject merely to The standards issued by the OECD are as follows: limitations and restrictions resulting from 1. the rule of law: establishing of an anti-cor- the democratic system of the state; ruption Agency (ACA) pursuant to a law 6. transparency and confidentiality ensured by which provides for the agency’s main attri- mechanisms which create balance between butes, its position in the existing institutio- the ACA transparency and confidentiality of nal framework of the country as well as its sources of information, tactics and method- powers and accountability; ology of carrying out statutory tasks; 1 Transformed from the Centre for Fighting Economic Crimes 4 For more information on the independence of anti- and Corruption. corruption authorities see the attachment Anti-Corruptionto 2 Anti-Corruption Authority (ACA) Standards. Authority (ACA) Standards: EPAC/EACN 10 Guiding Principles 3 Organisation for Economic Cooperation and Development. and Parameters on the Notion of Independence of AC Bodies. No. 1/2017 The Anti-Corruption Bulletin 7 7. financial and material resources which allow ficer. The main decision makers as well as the the employment of a sufficient number of integrity inspectors act according to the prin- 1 qualified staff, providing them with an attrac- ciple of operational independence, and