Anti-Corruption Programmes, Studies and Projects in Estonia 1997-2009
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Reviving the Federal Crime of Gratuities
University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications 2013 Reviving the Federal Crime of Gratuities Sarah N. Welling University of Kentucky College of Law, [email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Criminal Law Commons, and the Legislation Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Sarah Welling, Reviving the Federal Crime of Gratuities, 55 Ariz. L. Rev. 417 (2013). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact [email protected]. Reviving the Federal Crime of Gratuities Notes/Citation Information Arizona Law Review, Vol. 55, No. 2 (2013), pp. 417-464 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/275 REVIVING THE FEDERAL CRIME OF GRATUITIES Sarah N. Welling* The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act. This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s position rather than leaving the crime to cover only gifts because of particular official acts. -
Redundancies Companion Chart
This resource is provided as companion content to our podcast Global Solutions: Episode 7 and the information is current as of August 5, 2020. The global situation with regard to the COVID-19 pandemic is developing very rapidly. Employers may want to monitor applicable public health authority guidance and Ogletree Deakins’ Coronavirus (COVID-19) Resource Center for the latest developments. Redundancies in the Age of COVID-19—Quick Reference Country Minimum Statutory Special issuesii Different for Employee Advance COVID-19- Risk Level (*, notice? termination Collective consultation? government related **, ***) payments?i dismissals?iii notice? restrictions? Argentina 15 days – Severance: 1 Union, Yes Yes Yes (collective Generally *** 2 months month per COVID-19 (collective) – when the prohibited / year of prohibitions business crisis double service; 1 preventive severance month when procedure no notice applies). provided. Australia 1-5 weeks (or Redundancy Modern Yes Yes Yes If receiving * pay in lieu of pay: 4-12 award, (collective) subsidy notice) weeks employment contract, Long-service enterprise leave / annual agreement leave Belgium 1-18 weeks Dismissal Union, works Yes Yes Yes None ** bonus; council (collective) (collective) “redundancy allowance” 1 This resource is provided as companion content to our podcast Global Solutions: Episode 7 and the information is current as of August 5, 2020. The global situation with regard to the COVID-19 pandemic is developing very rapidly. Employers may want to monitor applicable public health authority -
National Report on Drug Situation in Estonia 2001
Institute of Experimental and Clinical Medicine Estonian Drug Monitoring Centre Estonian National Focal Point National Report on Drug Situation in Estonia 2001 Prepared by Estonian Drug Monitoring Centre National Focal Point Tallinn 2002 Estonian National Focal Point National Report on Drug Situation in Estonia 2001 Katri Abel (EDMC, National Focal Point) Andri Ahven (Ministry of Internal Affairs) Gleb Denissov (Statistical Office of Estonia) Niina Derman (Institute of International and Social Studies) Leeni Hansson (Institute of International and Social Studies) Nelli Kalikova (AIDS Prevention Centre) Marju Kiipus (Estonian Health Education Centre) Marianne Paimre (Estonian Foundation for Prevention of Drug Addiction) Ave Talu (EDMC, National Focal Point) Institute of Experimental and Clinical Medicine Estonian Drug Monitoring Centre National Focal Point Hiiu 42, Tallinn 11619, ESTONIA Tel +372 670 7099 Fax -+ 6706814 E- mail: [email protected] E- mail: [email protected] 2 SUMMARY _____________________________________________________________________________________________ SUMMARY The National Report on the Drug Situation in Estonia has been drafted by the Estonian Drug Monitoring Centre for the submission to the Ministry of Social Affairs of Estonia and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). The First Estonian National Report gives an overall picture of the drug phenomenon in Estonia until 2001. This Report provides an overview of the political and legal framework, epidemiological situation, drug demand and supply and harms associated with drugs in Estonia until 2001. The data presented in the Report are key information to be used by the Ministry of Social Affairs of Estonia and the European Monitoring Centre for Drugs and Drug Addiction. Every year EMCDDA outlines specific key issues National Reports have to focus on, in 2001 such key issues are treatment modality and drug related-infectious diseases. -
Albania Growing out of Poverty
ReportNo. 15698-ALB Albania Growing Out of Poverty May 30, 1997 Human ResourcesOperations Division Country Department II Europe and Central Asia Region Documentof the World Bank I. I I 1. II I I .1 I lI II , I 'I I1' ro 1, 1 II 11 I I I|1,,, . ,I,,,II I .I , I ,,1 I , IJ ' I Currency Unit: Albania - Lek Average Exchange Rates (Lek per US$1): 1990 1991 1992 1993 1994 1995 1996 8.0 14.4 75.0 102.1 94.7 93.3 104.5 Fiscal Year: January 1 - December 31 List of Acronyms and Abbreviations: ADF Albanian Development Fund CMEA Council For Mutual Economic Assistance GDP Gross Domestic Product IMR Infant Mortality Rate MOLSP Ministry of Labor and Social Policy PIP Public Investment Program INSTAT Albanian Institute for Statistics Acknowledgements This report was managed and written by Christine Allison (Senior Economist). The team that prepared the materials for the report included Robert Christiansen, Yvonne Ying and Sasoun Tsirounian (rural poverty), Janis Bernstein, Helen Garcia and Bulent Ozbilgin (urban poverty), Helena Tang (macroeconomic background), Melitta Jakab (demographics and health), Helen Shariari (gender issues), and Harold Alderman (food security and social assistance). Background studies were prepared by Rachel Wheeler (land issues), Ahmet Mancellari (labor market), Nora Dudwick (qualitative survey), Dennis Herschbach (historical overview) and UNICEF (education). Peter Szivos provided techncial assistance to INSTAT. A number of people provided invaluable assistance in Albania: Peter Schumanin and Sokol Kondi (UNDP), Gianfranco Rotigliano and Bertrand Bainvel (UNICEF). Mimoza and Nesti Dhamo (urban surveys) and the staff of the resident mission. -
Summaries in English
Summaries in English EDITOR IN-CHIEF'S COLUMN Children's welfare in the hands of the Riigikogu Aivar Jarne, editor in-chief of Riigikogu Toimetised, Chancellery of the Riigikogu, head of the Press service Population experts paint a fairly bleak picture when it comes to Estonia. The population pyramid, which should have a wide base since the young make up the largest part of the population, is in fact eroded. The burden of bearing the economy and general weal falls onto the shoulders of people who are in their middle years but approaching pension age. Some relief is provided by 15-19-year-olds, whose fairly sizeable ranks are about to enter the workforce. Since the 2000 census, the Estonian population has decreased every year by almost 6,000 people. Estonia's birth rate is negative as there are 15 deaths and only 10 births per 1,000 people. In this year alone, the gap has closed, but deaths still outstrip births. The necessary replacement rate to maintain the population at present levels has been calculated at 2.1 children for every woman of childbearing age; more is necessary to grow the population. Currently this figure stands at only 1.2. In order to tackle the population problem, population experts believe that the Western world and every Western country must give thought to how to stimulate the birth rate, increase the meaning of children to families and parents. Emotion-based values by itself will not be enough to counterbalance the time and money spent on raising a child. ESSAY Sovereignty in the European Union Mario Rosentau, University of Tartu doctoral student, attorney with Luiga, Mugu & Borenius The European Union is an association of democratic nation-states based on the rule of law. -
Republic of Estonia Country Report Table of Contents
m o c 30 km . s p a m - 20 mi d © Maardu Tallinn Rakvere Kohtla- Sillamäe Narva Kiviõli Järve Jõhvi Keila Tapa Haapsalu Paide Jõgeva Viljandi Tartu Pärnu Kuressaare Põlva Võru Valga Republic of Estonia Country Report Table of contents Executive Summary ............................................................................................................................................. 2 One of the three Baltic States occupied by the Soviet Union from 1940 until 1991, Estonia has made impressive economic and political progress since regaining independence. Read more. History ................................................................................................................................................................ 2 Estonia, slightly smaller in area than New Hampshire and Vermont combined, is bordered by Latvia, Russia, the Baltic Sea, and the Gulf of Finland. Read more. Government and Economy.................................................................................................................................. 3 Estonia is a mature, stable parliamentary democracy with legislative, executive, and judicial branches, of which the unicameral Parliament (Riigikogu) holds the most power. Its 101 members are popularly elected every four years. Read more. Foreign Policy ...................................................................................................................................................... 4 Estonia has good relations with its Baltic neighbors and is a member of the Council of Baltic -
Cross-Border Crime and Estonia's Accession to the European Union*1
Anna Markina Jüri Saar M.A. (Social Sciences), Doctor iuris, Lecturer of Sociology of Law, Docent of Criminology, Institute of Law, University of Tartu Institute of Law, University of Tartu Cross-Border Crime and Estonia’s Accession to the European Union*1 1. Introduction The issues of cross-border crime*2 related to Eastern Europe were already topical before the current enlarge- ment of the European Union. The majority of foreign criminologists and experts claim that crimes between the East and the West have increased considerably, diversified, and become more organised over the de- cades, with radical social change and broadening crime opportunities.*3 What will happen in cross-border crime after the accession of the ten countries, including Estonia and other former Soviet republics, is a question to which various answers have been given. Cross-border crime related to Estonia and the other Baltic states has mainly been examined in the context of the movement of offenders from these countries to the European Union and the resulting worsening of the crime situation in the old member states.*4 Such stereotypical assessment is rather prevalent both in Western European public opinion and among law enforcement professionals.*5 Here we can perceive the transfer of similar views to new circumstances, or unwillingness to alter earlier attitudes. This is illustrated by an organised crime report for 2002 prepared by Europol, which concludes among other things that Estonian 1 The article is based on the results of the survey Cooperation of Estonian Legal Protection Agencies with European Union Member States in Combating Cross-Border Crime (Situation before and after Accession to the European Union), conducted within the framework of public contract 03-175 in the Institute of International and Social Studies of the Tallinn Pedagogical University and the 8aculty of Law of the University of Tartu. -
Employment & Labour
Employment & Labour Law 2019 Seventh Edition Contributing Editor: Charles Wynn-Evans Global Legal Insights Employment & Labour Law 2019, Seventh Edition Contributing Editor: Charles Wynn-Evans Published by Global Legal Group GLOBAL LEGAL INSIGHTS – EMPLOYMENT & LABOUR LAW 2019, SEVENTH EDITION Contributing Editor Charles Wynn-Evans, Dechert LLP Editor Sam Friend Senior Editors Caroline Collingwood & Rachel Williams Group Consulting Editor Alan Falach Publisher Rory Smith We are extremely grateful for all contributions to this edition. Special thanks are reserved for Charles Wynn-Evans for all of his assistance. Published by Global Legal Group Ltd. 59 Tanner Street, London SE1 3PL, United Kingdom Tel: +44 207 367 0720 / URL: www.glgroup.co.uk Copyright © 2018 Global Legal Group Ltd. All rights reserved No photocopying ISBN 978-1-912509-49-2 ISSN 2050-2117 This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. The information contained herein is accurate as of the date of publication. Printed and bound by TJ International, Trecerus Industrial Estate, Padstow, Cornwall, PL28 8RW December 2018 CONTENTS Preface -
Greco Eval III Rep 2008 9E FINAL Denmark ETS173 PUBLIC
DIRECTORATE GENERAL OF HUMAN RIGHTS AND LEGAL AFFAIRS DIRECTORATE OF MONITORING Strasbourg, 2 July 2009 Public Greco Eval III Rep (2008) 9E Theme I Third Evaluation Round Evaluation Report on Denmark on Incriminations (ETS 173 and 191, GPC 2) (Theme I) Adopted by GRECO at its 43 rd Plenary Meeting (Strasbourg, 29 June – 2 July 2009) Secrétariat du GRECO GRECO Secretariat www.coe.int/greco Conseil de l’Europe Council of Europe F-67075 Strasbourg Cedex +33 3 88 41 20 00 Fax +33 3 88 41 39 55 I. INTRODUCTION 1. Denmark joined GRECO in 2000. GRECO adopted the First Round Evaluation Report (Greco Eval I Rep (2002) 6E Final) in respect of Denmark at its 10 th Plenary Meeting (8-12 July 2002) and the Second Round Evaluation Report (Greco Eval II Rep (2004) 6E) at its 22 nd Plenary Meeting (14-18 March 2005). The afore-mentioned Evaluation Reports, as well as their corresponding Compliance Reports, are available on GRECO’s homepage (http://www.coe.int/greco ). 2. GRECO’s current Third Evaluation Round (launched on 1 January 2007) deals with the following themes: - Theme I – Incriminations: Articles 1a and 1b, 2-12, 15-17, 19 paragraph 1 of the Criminal Law Convention on Corruption (ETS 173), Articles 1-6 of its Additional Protocol (ETS 191) and Guiding Principle 2 (criminalisation of corruption). - Theme II – Transparency of Party Funding: Articles 8, 11, 12, 13b, 14 and 16 of Recommendation Rec(2003)4 on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns, and - more generally - Guiding Principle 15 (financing of political parties and election campaigns). -
Criminal Hierarchal Structures. Models of Organized Crime in the Baltic Sea Region
.SIAK-Journal – Zeitschrift für Polizeiwissenschaft und polizeiliche Praxis Pullat, Risto (2009): Criminal hierarchal structures. Models of organized crime in the Baltic Sea Region SIAK-Journal − Zeitschrift für Polizeiwissenschaft und polizeiliche Praxis (2), 24-30. doi: 10.7396/2009_2_C Um auf diesen Artikel als Quelle zu verweisen, verwenden Sie bitte folgende Angaben: Pullat, Risto (2009). Criminal hierarchal structures. Models of organized crime in the Baltic Sea Region SIAK-Journal − Zeitschrift für Polizeiwissenschaft und polizeiliche Praxis (2), 24- 30, Online: http://dx.doi.org/10.7396/2009_2_C. © Bundesministerium für Inneres – Sicherheitsakademie / Verlag NWV, 2009 Hinweis: Die gedruckte Ausgabe des Artikels ist in der Print-Version des SIAK-Journals im Verlag NWV (http://nwv.at) erschienen. Online publiziert: 3/2013 .SIAK-JOURNAL 2/2009 Criminal hierarchal structures Models of organized crime in the Baltic Sea Region Stable criminal hierarchal structures have given up their place for flexible and changing organizations and networks in the Baltic Sea Region, that can be created for performing certain single “projects”. Criminal structures can fulfill economic, social and quasi-state tasks. The different social embedded ness determines the structure of organized crime. The author distinguishes between four main criminal networks. First are the criminal networks that have no social support structure in their countries of operation. Second are the criminal networks based on a sub-culture. Third are the criminal net works that exist in the society in a hidden form that includes seemingly law RISTO PULLAT, Project manager in the Estonian abiding individuals who have no obstacles for using the legitimate social Ministry of the Interior. infrastructure. -
The Tip Credit Provisions of the Fair Labor Standards Act
Order Code RL33348 CRS Report for Congress Received through the CRS Web The Tip Credit Provisions of the Fair Labor Standards Act March 24, 2006 William G. Whittaker Specialist in Labor Economics Domestic Social Policy Division Congressional Research Service ˜ The Library of Congress The Tip Credit Provisions of the Fair Labor Standards Act Summary The Fair Labor Standards Act (FLSA) is the primary federal statute dealing with wages, hours, and conditions of employment. One aspect of wage policy is the question of tip income. Closely related to the issue of tip income is the ability of employers, under the FLSA, to employ certain youth workers at sub-minimum wages. During the 1960s, the FLSA was expanded to include certain areas of work that had been omitted from the 1938 statute. Among them were workers engaged in the service and retail trades. Since many such workers received tips in the normal course of their work (some of them, a substantial amount of tips), the question arose as to how they were to be treated in the context of a federal minimum wage structure. There had been some discussion of the tip question prior to 1938 but, since the initial enactment really did not cover many workers in tipped occupations, it was not made a part of the act. In the 1960s, however, the issue became somewhat more controversial. Did tips flow, almost necessarily, from the ambience of the restaurant or club — the nature of a hotel or inn? If so, were tips really the product of employer contributions — and should they belong to the employer? If they should not actually become the property of the employer, should an offset be made against the minimum wage? Workers were adamant that employment should bring a wage — and also that the wage was to be paid by the employer: a steady wage and a consistent wage, not just a gratuity voluntarily given by a third party. -
Executive Summary
United Nations CAC/COSP/IRG/I/2/1/Add.5 Conference of the States Parties Distr.: General 23 August 2012 to the United Nations Convention against Corruption Original: English Implementation Review Group Resumed third session Vienna, 14-16 November 2012 Agenda item 2 Review of implementation of the United Nations Convention against Corruption Executive summary Note by the Secretariat Addendum Contents Page II. Executive summary ............................................................. 2 Estonia ....................................................................... 2 V.12-55516 (E) 240812 270812 *1255516* CAC/COSP/IRG/I/2/1/Add.5 II. Executive summary Estonia 1. Legal system: overview of the anti-corruption legal and institutional framework Estonia acceded to the United Nations Convention against Corruption on 20 January 2010, and deposited its instrument of accession with the Secretary-General on 12 April 2010. According to article 123 of the Constitution, the Convention has become an integral part of domestic law, with overriding legal effect over any other contrary provision of domestic law. The Estonian legal system is based on the German legal tradition. The anti-corruption legal framework encompasses the Constitution, the Penal Code, the Criminal Procedure Code, the Anti-Corruption Act (1999), and the Money Laundering and Terrorist Financing Act (2007). At the time of the review, a draft anti-corruption law was being considered. This draft law was adopted on 6 June 2012 and will enter into force in 2013. There is no specialized anti-corruption agency in Estonia. The Ministry of Justice coordinates anti-corruption policy. Law enforcement authorities include the judiciary, the Public Prosecutor’s Office, the Police and Border Guard, the Security Police Force and the FIU (Financial Intelligence Unit of the Police and Border Guard).