Anti-corruption Laws Research Articles

Совершенствование антикоррупционного законодательства в контексте обеспечения национальной безопасности

Совершенствование антикоррупционного законодательства в контексте обеспечения национальной безопасности

Brexit, Integrity and Corruption: Local and Global Challenges

This article assesses the national and transnational effects of Brexit on integrity and anti-corruption law and policies. Drawing on relevant legal, criminological and economic theoretical and empirical findings, we suggest that Brexit is not bound to have a negative impact, but can become an opportunity to strengthen and disseminate virtuous anti-corruption practices.

Corruption and Political Strategies: Just Suspicious or Corrupt in Fact?

We investigate the impact of anti-corruption law on obtaining preferential treatment from politically connected firms. We argue that if there is any relationship between CPA and corruption as the t...

Kerangka Pemberantasan Korupsi Di Usa Dan Dampaknya

United States is well-known as a superpower country. Among all the countries in the world United States has the best economic strength, military power, and political power. But it is not in line with the Corruption Perceptions Index which indicates how corrupt their public sectors are seen to be. The rampant corruption in United States happened in both of government sector and the private sector. Some cases that have occurred are the Watergate Scandal, Lockheed Scandal, Enron, WorldCom, and Xerox. Various cases of corruption in the United States indicate that superpower country supported by strong economic, military and political conditions does not necessarily make the cases of corruption / frauds in the country to be disappear. United States needs to make efforts to eradicate corruption in the country to suppress possible corruption cases.Various efforts made by the United States in the form of law issuance and the establishment of corruption eradication agencies are expected to help overcome the problem of corruption in the world. The United States, as the axis of the world's economy and politics, has caused many countries to be affected by the enactment of anti-corruption laws. The global awareness in eradicating corruption is expected to bring a positive climate for the global economy to realize a prosperous world community

Combating Corruption in Asian Countries: Learning from Success & Failure

With widespread corruption in many Asian countries, Singapore and Hong Kong SAR have proved exceptions: their governments’ strong political will and reliance on single “Type A” anticorruption agencies (ACAs) have effectively and impartially enforced anticorruption laws. By contrast, the governments in China, India, and the Philippines have failed to minimize corruption due to weak political will and reliance on multiple ineffective and poorly resourced “Type B” ACAs. This essay draws on the experiences of these five countries to identify four lessons for policy-makers to enhance the effectiveness of their ACAs.

Aplicação do Direito Administrativo Sancionador no combate à corrupção

O presente artigo tem por objetivo demonstrar a utilização do Direito Administrativo Sancionador no combate à corrupção, por meio de uma análise de sua presença nos dispositivos da Lei Anticorrupção e da Lei n. 12.846/2013. Para tanto, compara as características dos ilícitos penais e administrativos e suas respectivas sanções, buscando identificar critérios de diferenciação entre eles, capazes de explicar a escolha do legislador pela via administrativa para a repressão das condutas lesivas ao patrimônio da Administração Pública. Após, traça um panorama dos aspectos mais importantes das condutas identificadas como corrupção, extraindo delas distinções relevantes a partir das quais o Direito Administrativo Sancionador pode se aproveitar, por meio de instrumentos e técnicas próprios deste regime jurídico, a fim de desestimular, coibir, prevenir e punir essas condutas. Conclui-se pela utilidade do Direito Administrativo Sancionador, bem como a sua vantagem em relação ao Direito Penal na repressão das condutas previstas na norma jurídica, no âmbito do combate à corrupção no Brasil. O método de pesquisa adotado foi o dedutivo, e a técnica utilizada foi a de pesquisa bibliográfica, em fontes primárias, secundárias e terciárias.

Corruption in an Era of Climate Change: Rebuilding Sint Maarten after Hurricane Irma

In Orlando-Figueroa v. United States, a case involving the solicitation of bribes in exchange for cleanup contracts following Hurricane Georges, the court opinion opens succinctly: “Disasters are said to bring out the best and the worst in people.” As climate change begets more extreme weather events, governments must rise to meet the challenge of combatting “the worst” types of behavior such events bring out. Where climate change has a large effect and where corruption is already widespread – as is the case in Sint Maarten and other similarly situated small island developing states (SIDS) – governments are particularly susceptible. With a focus on four legal frameworks (criminal, ethical, environmental, and building, zoning, and public procurement) and their role in combatting corruption following an extreme weather event, this paper guides Sint Maarten in implementing a robust anti-corruption law and policy framework in the wake of Hurricane Irma, specifically tailored to its unique environment, culture, and history.

TINJAUAN HUKUM DOKTER YANG BERKOLUSI DENGAN PERUSAHAAN FARMASI DALAM MERESEPKAN OBAT

At the end of 2015, the Tempo Magazine investigation team released a gratification case conducted by the pharmaceutical company Interbat against 2,125 doctors. The gratuities are suspected to be one of the reasons that influence doctors in prescribing drugs to patients. Funds used by pharmaceutical companies to serve doctors can reach 45 percent of drug prices. Therefore, patients must redeem the drug at a more expensive price. Moving from the results of these investigations, the authors are interested to examine criminal rules that can ensnare doctors who receive the gift from pharmaceutical companies. So far, the rule of law governing the prohibition of doctors receiving gifts from Pharmaceutical Companies has not had a deterrent effect. The existing arrangements are in the realm of ethics and administration. As a result, the cooperation of doctors and pharmaceutical companies in prescribing the drug continues and affects the patient's harm. Because in the practice of the physician profession is divided into two, namely private doctors and civil servants, then the formulation of the issues to be discussed in this paper is, First, how the imposition of legal sanctions for private doctors who receive the gift from Pharmaceutical Company Second, how the imposition of legal sanctions for civil servant doctors who receive the gift from Pharmaceutical Company To answer the problem, the author uses normative juridical research method. The results of his research are private doctors who receive the gift from pharmaceutical companies may be subject to Article 3 of Law Number 11 Year 1980 on the Crime of Bribery. As for doctors who have the status of Civil Servants subject to Article 12B of Law Number 31 Year 1999 junto Law Number 20 Year 2001 About Corruption Eradication (Anti-Corruption Law). As a suggestion at the end of the writing, the author wants that the formulation of Article 12B of the Anti-Corruption Law be expanded so that it is not limited to civil servants or state officials only. However, pending the improvement of the formulation of Article 12B, the authors recommend that law enforcement still play an active role by using Article 3 of the Anti-Bribery Law to ensnare doctors who receive the gift from ph armaceutical companies.

Corporate Criminal Liability in Indonesia Anti-Corruption Law: Does It Work Properly?

Abstract Since the way of doing corruption has evolved over time, there are likely possibilities for corporate entities to be involved in corruption activities and infringe the anti-corruption law. This paper endeavors to find justifications to criminalizing corporate entiti(es) from a law and economics perspective. This paper argues that it is ultimately efficient for a party not to be held criminally liable for another party’s culpable act, and thus it concludes that individual vicarious criminal liability is inefficient. Unlike individual vicarious liability, corporate vicarious criminal liability might be efficient. This paper will also explain how and why the implementation of the corporate criminal liability should be classified differently with the liability of corporate officers, particularly under the regime anti-corruption law, so that the distinction between the personal acts of a high ranking corporate officers and the act of corruption involving the corporation itself can be unequivocally distinguished. This paper also critically evaluates Indonesia’s regulation and formulation of corporate entity criminal liability which pursuant to the anti-corruption law and to further examine whether Indonesia’s anti-corruption law has achieved its purpose.

Individual and Institutional Corruption in European and US Healthcare: Overview and Link of Various Corruption Typologies.

In recent years, the fight against healthcare corruption has intensified. Estimates from the European Healthcare Fraud and Corruption Network calculate an approximate €56 billion annual loss to Europe as a result of corruption. To promote understanding of the complexity and interconnection of corrupt activities, we aim to present healthcare-related corruption typologies of the European Union and European Healthcare Fraud and Corruption Network. We subsequently link them to the typology of individual and institutional corruption introduced by Dennis Thompson in the context of investigating misconduct of US Congressional members. According to Thompson, individual corruption is the personal gain of individuals performing duties within an institution in exchange for nurturing private interests, while institutional corruption pertains to the failure of the institution in directing the individual’s behaviour towards the achievement of the institution’s primary purpose because the institutional design promotes the pursuit of individual goals. Effective anti-corruption activities not only require the enactment of anti-corruption laws but also the monitoring and, where appropriate, revision of institutional frameworks to prevent the undermining of the primary purposes of health systems or institutions. To gain further understanding of the similarities and differences of the three typologies, prime examples of corrupt activities in the health sector in the European Union and USA (along with their potential remedies) are provided. Linking corruption cases to Thompson’s typology revealed that many corrupt activities may show elements of both individual and institutional corruption because they are intertwined, partly overlap and may occur jointly. Hence, sanctioning individual actors only does not target the problem.

Brazil in the global anticorruption regime

Abstract Brazilian anticorruption law and institutions were significantly transformed in recent decades. This article traces those transformations and explains how the international anticorruption and money laundering regimes contributed to their development. It argues that those international regimes were internalised in the Brazilian system through three mechanisms: inspiration and legitimation, coercion, and implementation support, and were critical to the transformation of Brazilian institutions.

Юридическая природа возникновения коррупции и исторические аспекты формирования антикоррупционного законодательства в дореволюционной России

Юридическая природа возникновения коррупции и исторические аспекты формирования антикоррупционного законодательства в дореволюционной России

KAJIAN YURIDIS TERHADAP TINDAK PIDANA KORUPSI

Corruption in Indonesia is so severe as social diseases, reinforced by corrupt practices exposed by the media increasing perceptions of corruption are like illness especially at the end of the New Order era even on the current reform order, almost everywhere. Starting from small officials to high officials. The results of the study indicate an important assertion, because the financial loss of the state is one of the essential elements of corruption in addition to unlawful acts. Thus, the criminal act of corruption is not abolished even then the element of state loss is not proven in court because it has been returned by the suspect, seizure of a number of goods. Barriers at investigation level, juridical investigators remain guided by KUHAP and applicable legislation, investigators lack understanding of the meaning of substance in UUPTPK especially in understanding the element "can enrich themselves or others or a corporation. It is suggested that the regulation regarding the minimum restriction of both the penal provisions and the penalties in UUPTPK to be eliminated because with the inclusion of these minimum limits, may open the possibility of imposition of criminal sanctions imprisonment and fine sanctions that do not reflect a sense of justice to punish the perpetrators of corruption. Anti-corruption laws will be more effective if only the maximum limit is imposed.

SYSTEMIC REFORM OF CHINESE ANTICORRUPTION LEGISLATION AND ENFORCEMENT PRACTICE

The subject. The article is devoted to the analysis of ongoing systematic reform of Chinese anticorruption legislation and practice of its enforcement.The purpose of the article is to formulate ways of improvement Chinese anti-corruption legislation.The methods of legislation analysis and synthesis of legislative gaps and contradictions are used.The results, scope of application. Nowadays, China is moving from the struggle against corruption by political means to the struggle by legal means. In attempt to construct a system of anti-corruption legislation, China is actively forming a dualistic normative system and a mechanism for the interaction between party norms and state legislation. A multilevel vertical-integrated system of anti-corruption legislation with "The anti-corruption law" as a core was created; the Party is stressing the priority status of preventive legislation and the auxiliary role of legislation on control over power. This system should became the basis for building Chinese anti-corruption legislation. The author formulated a system of principles of Chinese anti-corruption legislation, including the principles of efficiency, consistency, economy and gradualism. The importance of the anti-corruption legislative program, the task formulated in 2015, is underlined. The list of the main anti-corruption legislative acts has been determined, including legislation in the aspects "do not dare to take [bribes]", "cannot take [bribes]" and "do not want to take [bribes]". The problem of improving the legislation in the "do not dare to take" aspect have been specially considered, including improvement of criminal legislation, adoption of the law on accountability and responsibility of public servants, as well as the adoption of an anti-corruption law. The main alternatives and problems of improving legislation in the context of "not being able to take" are considered, such as adoption of laws on declaration of property of public servants, on pre-vention of conflict of interests, on transparency of the administration, on public hearings, and the improvement of party norms.Conclusions. China is experiencing a crucial turning point in the fight against corruption since the beginning of the modernization transformation and is in the strategic "window of opportunities". Active and systematic construction of anti-corruption legislation, the transit from formal counteraction to real counteraction is the key to overcoming the current "corruption crisis with Chinese characteristics".

Livestock price change after anti-corruption law using VAR

Livestock price change after anti-corruption law using VAR

Natural resource windfalls and economic growth nexus: a panel analysis for Africa

We employed fixed effects model to study the influences of natural resource windfalls and some variables on African economic development. For each growth model, equations were estimated for the full panel, and for the samples with good and bad institutional structures. The outcomes show that resource curse exists in Africa and can be explained by Africa's lack of good institutional structures. Hence, an implication of the results is that good institutions promote economic growth but bad institutions destroy an economy. Therefore, we first recommend the need to improve institutional quality in Africa. Second, the challenge of attaining rapid and sustainable growth and development requires Africans to strengthen and re-enforce anti-corruption laws that could discourage the further spread of corruption. Third, policymakers should ensure short-and-long term opportunities of diversifying the economy by engaging in agriculture, transportation, and services.

The determinants of whistleblowing in public administrations: an analysis conducted in Italian health organizations, universities, and municipalities

ABSTRACTThe aim of this paper is to examine which variables are most important in encouraging whistleblowing in Italian public administrations, as a result of the compulsory application of the anti-corruption Law No. 190/2012. Our research is based on an empirical analysis of 365 public administrations: 86 hospitals, 137 health agencies, 39 universities, and 103 major Italian municipalities.The results show that whistleblowing seems to occur more frequently in large public administrations, to be associated with formal procedures and an organizational proceduralization that encourages individuals to actually blow the whistle, and that it is only partially correlated to training and education.

Implementation of International Legal Provisions on Preventing Corruption in the Russian Federation and Abroad

This article presents issues of the fight against corruption and analysis of anti-corruption processes in Russia, Finland, Israel, Great Britain and the USA. Issues of international cooperation in the anti-corruption sphere have already been considered by the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the Organisation of American States, the Organization for Economic Cooperation and the European Union. The fight against corruption in the Russian Federation is one of the key areas of consolidation of the statehood and it is being performed step by step through improvement of the legislation, activities of law enforcement, regulatory and public authorities of all levels as well as cultivation of civil intolerance to any manifestation of this social blemish. Russia is actively engaged in international dialogue on a wide range of issues for preventing corruption within the scope of coordination activities and international cooperation in different areas, including issues of anti-corruption in the sphere of sports, ecology and education. Cooperation with relevant international authorities and international organizations is one of the priorities of the General Prosecutor’s Office of the Russian Federation. Given that the Russian anti-corruption system is based on the national legal culture in the context of historical, social and economic development and specific social needs and interests, the author emphasizes that anti-corruption cooperation shall be based on respect for national legal systems and compliance with the international law under coordination of the UN. Legislative proposals on the need for introducing grounds for application on recovery of property, owned by corrupt officials and registered under a third party’s name, to the public revenue and increasing the terms of imprisonment for bribery, which shall be prepared for further improvement of the anti-corruption law.

When anti-corruption norms lead to undesirable results: learning from the Indonesian experience

This paper analyzes how and why adverse side-effects have occurred in the implementation of two articles of Indonesia’s anti-corruption law. These articles prohibit unlawful acts which may be detrimental to the finances of the state. Indeed, the lawmakers had good intentions when they drafted the two articles. They wanted to make it easier to convict corrupt individuals by lowering the standard of evidence required to prove criminal liability. The implementation of these articles has raised legal uncertainty. The loose definition of the elements of the crime enables negligence and imperfection of (public) contracts to be considered as corruption. The Constitutional Court has issued two rulings to restrict and guide the interpretation of these articles. However, law enforcement agencies (Supreme Court and public prosecutors) have been unwilling to adhere to the rulings. There are two possible reasons for this. First, as has been argued by several commentators, the law enforcement agencies have misinterpreted the concept of “unlawfulness”. Besides, the law enforcement agencies wish to be seen to be committed to prosecuting and delivering convictions in corruption cases. To do so, they need to maintain looser definitions of the elements of the offence. This paper endorses the Constitutional Court rulings and provides additional reasons in support of their stance. The paper can be considered as a case study for other countries that may be contemplating similar legislation.

INTERNATIONAL APPROACHES TO TACKLING CORRUPTION: WHAT WORKS AND WHAT DOESN’T?

A well-developed set of international anti-corruption tools now exists. These range from broad conventions to focused initiatives in specific policy areas. This article argues that international agreements work best when they are focused and they speak to the common interests of the parties involved. Solutions need to be creative, they need to bring in a broad coalition of stakeholders and they need to be focused on specific problems. International agreements need to help states with good quality institutions of governance focus on developing transparency initiatives, accountability drives and nuanced efforts to tackle particular national variants of “legal corruption.” In countries with patchy institutions of governance the scope for international influence is broader, while in states with serious governance challenges the best international anti-corruption efforts will often have surprisingly little to do with corruption at all. In a state where the rule of law is patchy or non-existent then anti-corruption laws (or indeed laws more generally) mean very little. The challenge here is to improve the basic tools of governance in the knowledge that only then can the issue of corruption be brought on to the agenda.