External globalisation fall of the Berlin Wall diffusion: East – West Internal freedom procedures mentality integration into the EU, NATO
CONCLUSIONS Corruption becomes a global concern “Young” democracies: favourable conditions for corruption “Old” democracies: unprepared for a new challenge Compatibility of the young and the old: a generation gap Untraditional thinking Pro-active systems, quickly responding to changes and changing the environment for their own benefit
CRIMINAL PROSECUTION PREVENTION EDUCATION STT GOVERNMENT GENERAL PUBLIC C O R R U P T I O N PRESIDENTPARLIAMENT ANTI-CORRUPTION SYSTEM
Special Investigation Service (STT) Independent body Independent investigations Three equally important pillars: criminal prosecution prevention education Co-ordinating body
DIRECTIONS DirectionTargetToolResultObjective Criminal prosecution ConsequencesEffective capacities Today Quick, thorough and lawful detection of corruption crimes PreventionCausesPerfect systems and procedures Long-term (oriented towards tomorrow) In cooperation with other bodies in public and private sector, detection and elimination of pre- conditions of corruption EducationCauses of causes High moral standards “Forever” Development of overall intolerance towards corruption
Perception or reality? Public or shadow administration? Bad or good? Tactical stability or strategic instability?
Actual level of corruption Time Action Suspension Perception The level of corruption posing no danger to the state Perception or reality?
Public or Shadow Administration? Bribes: help solve problems I gave them and will continue to give great effectiveness future generation Effective system of shadow administration: uses public resources unbound by legislation rapid service-orientated (helping a person) Competition: the most effective wins
Good or Evil? mentality of transitional period statistical citizen distorted system of values alienation of the state and citizen
Tactical Stability or Strategic Instability? REALITY + “CATALYSTS” = PERCEPTION REALITY: HUGE CORRUPTION INEFFECTIVE ADMINISTRATION “CATALISTS”: MENTALITY MASS MEDIA OUTCOME: BAD STATE = CORRUPT STATE DISTRUST OF THE MAIN STATE INSTITUTIONS HIGH CORRUPTION PERCEPTION INDEX
Tactical Stability or Strategic Instability? CONSEQUENCES: ACTION INFLUENCES BY PERCEPTION SYSTEM IS UNSTABLE SMALL FINANCIAL OR CONCEPTUAL INJECTION INTO ELECTIONS MAY FUNDAMENTALLY CHANGE DEPLOYMENT OF POLITICAL FORCES INCREASING THE RISK OF STATE CAPTURE
Political corruption Administrative corruption Increasing liability Education Courts EU Anti-Corruption Network
POLITICAL CORRUPTION Political party funding: ideas or money? Legally-based influence: lobbying or influence? Codes of conduct for politicians: conduct or ethics?
ADMINISTRATIVE CORRUPTION Transparent and effective procedures: collision: citizen vs state inventory of procedures audit Anti-corruption review of legislation One-stop-shop principle: minimum information minimum time period minimum price clear and strict consequences
INCREASING LIABILITY Criminal liability Civil liability Administrative liability Codes of conduct Moral values
CRIMINAL LIABILITY Necessary but insufficient tool Specific corruption investigation tools: effective intelligence whistleblower/informant criminal conduct simulation model technical means databases
CIVIL LIABILITY Assets recovery system: criminal liability: confiscation civil liability: recovery tax liability: taxes Living within one’s means Target: property or a person? Burden of Proof: citizen or a state?