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Corruption Prevention Strategy of the Slovak Republic

Corruption Prevention Strategy of the Slovak Republic. Col . J.D. Peter Kovarik Corruption Prevention Department Prime’s Minister office Government Office of the Slovak Republic 2018. Repression and Prevention. Corruption Prevention Department Since May 2017

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Corruption Prevention Strategy of the Slovak Republic

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  1. Corruption Prevention Strategy of the Slovak Republic Col. J.D. Peter Kovarik Corruption Prevention Department Prime’s Minister office Government Office of the Slovak Republic 2018

  2. Repression and Prevention Corruption Prevention Department Since May 2017 Creating an anti-corruption system Repression Special Criminal Court since 2004 Special Prosecutor’s Bureau National Criminal Agency of Police

  3. Specialized Criminal Court First degree murder Bribery Establishing, masterminding and supporting a criminal / terrorist group Particularly serious crimes committed by a such groups Offences against property – 6,6 mil Euro Offences against financial interests of the European Communities Offence of deceitful practices in public procurement (over 133.000 €) Abuse of power by a public official

  4. Standard tools Agent in corruption cases Person other than the policeman Agent-provocateur Agent, who in exceptional cases incites,on his own initiative,to commit a crime, only in corruption cases of an national or foreign official Interception and Recording of Telecommunications Making Visual, Audio or Audiovisual Recordings Surveillanceof Persons and Things Other standard tools

  5. Specific Tools • Cooperating offender • Stay of Criminal Prosecution • Temporary Postponement of Bringing Criminal Charge • Conditional Stay of Criminal Prosecution of the Cooperating Accused • Plea bargaining agreement

  6. Prevention– Identify and Reduce C = M + D – A corruption equals monopoly plus discretion minus accountability Minus whistleblowing protection, transparency ...

  7. Strategy of the Slovak Republic • Creating an anti-corruption system • Responsible person • Risk analysis • National and Sectoral anti-corruption programs • Measures, responsibilities, deadlines, objectives

  8. Objectives Creating a durable anti-corruption environment Increase credibility (of Political Institutions, Courts, Prosecutor's Office, Police) Establishment of a mechanism for independent monitoring and evaluation of the quality of the anti-corruption environment Register of risk-exposed positions and processes

  9. Key area - Transparency • Is there a system in place to monitor the transparency of all processes and activities in your organization? • Does the organization have effective measures to eliminate conflicts of interest?

  10. Key areas – Whistleblower Protection • Do you think that your organization has whistleblower protection against reprisals? • Do you think this protection system has failed in the last 3 years?

  11. Key area – Discretion (Arbitrariness in Decision-making) • Do some of the provisions of the law allow you to decide on an issue by an opinion on your own? (i.e., the provision contains the words such as "may", "should," "consider,") • Have you ever been exposed to a pressure, during a decision-making process, in order to issue a decision on a matter in a certain way?

  12. Key area – Accountability • Is there a clear way for holding an employee accountable for misconduct? • Has it happen during the past three years that an official had to pay a damage that he had caused?

  13. Key area – Self Evaluation • I decide to provide funds, licences... • I check the expenses... • I have the opportunity to influence the length of the administrative procedure

  14. Problems in Slovakia • Prosecuting mainly petty corruption; big cases often finishing unsuccessfully • In corruption cases Asset Recovery doesn’t work properly • System of financial investigation is not effective • Prosecution of money laundering is not a regular rule

  15. Problems in Slovakia • Punishment of the offence Trading in Influence is too lenient • People don’t believe the state institution (Police, Prosecutor’s office, Justice) • Missing Asset Management Office (AMO) • System of Financial disclosures is not effective

  16. Good Practices • Register of beneficial owners • Transparency in Justice system • Publishing of judgements • Electronic random assigning of court files to judges (Justice File Management) • Disciplinary proceedings • Mass Selection Procedure • Financial Disclosure of Judges and Prosecutors

  17. Repression or Prevention ?

  18. Thanks for your attention peter.kovarik@vlada.gov.sk

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