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Ratification of the United Nations Convention against Corruption in Lithuania

Ratification of the United Nations Convention against Corruption in Lithuania A Review of the Compliance of the Lithuanian Legal and Institutional Framework Against Corruption Regional Community of Practice meeting Bratislava, 15-16 October 2007.

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Ratification of the United Nations Convention against Corruption in Lithuania

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  1. Ratification of the United Nations Conventionagainst Corruption in Lithuania A Review of the Compliance of the Lithuanian Legal and Institutional Framework Against Corruption Regional Community of Practice meeting Bratislava, 15-16 October 2007

  2. UNDP Lithuania project “Facilitation of the Ratification of the UN Convention against Corruption” • Project initiated in 2005, carried out in 2006 • Objective – to support country efforts aimed at ratification of the UNCAC through review of national legislative and institutional framework in light of its compliance to UNCAC. • Financed by UNDP and private sector (Statoil & Constructus) • Partners: TI Lit Chapter, Special Investigation Service

  3. Review background • Lithuania has in place independent specialized anti-corruption bodies • Anti-corruption strategic policy document elaborated • Many aspects of the Lithuanian system lauded as examples of good practice • UNCAC signed on Dec 10, 2003 (ratified on December 5, 2006)

  4. Review background • Reforms being intense during accession to EU, stalled after joining EU • CPI index 4.8 remains paralyzed for past three years • Different corruption surveys reveal most corrupt areas: • Health sector • Police (including traffic police) • Courts • Parliament, Government, Municipalities (public procurement, land regulation and management, construction permits) • Political parties (financing of) • Media

  5. 58.2% 38.3% Health care institutions, med personnel Police 47.3% 34.6% Police Courts 6 6 37.6% 33.5% Parliament Health care institutions, med personnel 36.0% 31.3% Courts Municipalities 24.2% 29.7% Government Office Parliament 21.5% 23.6% Municipalities Government Office 14.0% 16.8% Customs State Privatization Office 13.4% 16.6% President’s Office President’s Office 12.8% 14.3% Political parties, politicians Customs 11.3% 12.9% Land management units Land management units 10.0% 12.2% Justice system Political parties, politicians 6.6% 11.3% Civil servants Justice system 6.5% 5.7% Educational institutions Mass media 4.8% 5.7% Education system Civil servants 4.6% 4.9% Business Allministries 2.6% 4.0% Mass media Education system 2.6% 3.9% Prosecutor’sOffice State tax inspection 2.5% 3.7% State tax inspection Environment protection 26.0% 37.9% Other Other Opinion: most corrupt institutions in Lithuania (Map of corruption 2005) Citizens (#1009) Heads of private companies (#519) Note: According to their opinion,respondents were asked to identify most corrupt institutions in Lithuania

  6. Corruption in certain public institutions Data taken from Survey on Media Corruption, 2007 (#502, Heads and representatives of different private organizations) In your opinion, how corrupt do you consider these public institutions?

  7. Review methodology Report is based on: • Review of relevant national legislation • Publicly available reports (GRECO, OECD, TI, EC, UNDP) • Formal and informal meetings with representatives of national institutions (Special Investigation Service, Ministry of Justice, Prosecutor’s Office, District and Appeal Courts, State Tax Inspectorate, Public Procurement Agency), NGOs (TI Lit Ch, Free Market Institute, Human Rights Monitoring Institute, Civil Society Institute)

  8. Review Structure • Section 1: Overview of Lithuanian anti-corruption legislative and institutional framework (a) Key elements of legislative framework (b) Key elements of operational framework (c) Key elements of institutional framework (d) Suppression of corruption (e) Prevention of corruption

  9. Review Structure • Section 2: Analysis of the compliance of the legal framework in view of the provisions of the UNCAC (a) Preventive measure (UNCAC Chapter II) (b) Criminalization and law enforcement (UNCAC Chapter III) (c) International cooperation (UNCAC Chapter IV) (d) Assets recovery (UNCAC Chapter V)

  10. Review Structure • Section 3. Procedural and institutional issues in the application of anti-corruption legislation and policies (a) Implementation of the National Anti-corruption Programme (b) Specialized anti-corruption bodies, their mandate, capacities and accountability (c) Procedural issues related to investigation and prosecution (d) Cooperation among national authorities

  11. Section 4. Conclusions Gaps and weaknesses that require further attention: • Strengthening criminal legislation (definition of nature of bribe, passive bribery, trade in influence, etc.) • Strengthening the framework to facilitate reporting of corruption and protection of collaborators of justice (legislation on whistleblowers, incentives for collaboration with justice, etc.) • Proceeds of crime(criminalising illicit enrichment, adopt a at least a partial reversal burden, streamlining regulations on handling of frozen, seized and confiscated assets, etc.) • Procedural issues (streamlining internal procedures for the application of special investigative means, etc.)

  12. Section 4. Conclusions • Strengthening institutional cooperation and exchange of information in investigation as well as in the implementation of the NACP • Strengthening ethics in the public sector(Code of Conduct for politicians and high-level state officials, remove the provision of the Civil Code legalising the practice of accepting gifts in health and social care system , etc.) • Good governance measures(streamline burdensome regulations on licensing, construction and land regulation procedures) • Strengthening institutional capacities(strengthen the COEC, as well as preventive and in particular the education and public outreach sections of the SIS)

  13. Section 4. Conclusions • Strengthening accountability of specialised institutions towards and cooperation with the civil society and in particular with the private sector • Ensuring that dual criminality requirement in respect of (passive) bribery of foreign and international does not preclude extradition or hinder international cooperation • Institutionalize involvement of the private sector in the elaboration of policies and legislation

  14. “So what? or What’s next?” • Government Office on one side and NGOs and private sector one other side are blaming each other for being passive • Government claims National anti-corruption strategy and action plan are being revised • Government institutions requested to make risk self-analysis with an aim to identify gaps in combating corruption • Government Office developed (?) methodology for such analysis • Special Investigation Service still responsible for external assessment

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