Prevention of Corruption
To prevent corruption KNAB is responsible for development and coordination of the implementation of the national anti-corruption programme, control over the respect by public officials of restrictions provided in the legislation (conflict of interest), development of legal initiatives and monitoring of political parties’ compliance with party financing regulations.
Development and coordination of the implementation of the national anti-corruption programme
Current Corruption Prevention and Combating Programme for 2004-2008 was adopted by the Cabinet of Ministers in August 2004. This programme contains 120 measures in several areas: prevention of “state capture”, tackling illegal and inefficient use of state and municipal assets, control of illegal income, improving investigation of corruption offences, ensuring efficient use of EU and other international funds, internal measures to prevent corruption in public institutions, awareness raising. Each measure is assigned to specific public institutions. KNAB regularly collects information about progress achieved in implementation and reports to the Cabinet of Ministers.
Control over the respect by public officials of restrictions and conflict of interest situations provided in the legislation
e.g. if they only serve the public interest and their acts are not guided by personal interest or interest of related persons. KNAB can determine liability of public officials and impose sanctions (fines, restriction to hold official duties, confiscation). In case if a public official commits repeatedly intentional violation of the restrictions imposed or if substantial harm is caused thereby to the interests of the state or of the public, then this public official is criminally liable.
KNAB examines the following violations of restrictions and conflict of interest situations:
- additional employment of public officials or violating procedures for implementation of restrictions on additional employment, except cases when an additional employment like scientist, scholar, teacher, etc. is allowed.
- obtaining of income, for example a public official is permitted to receive a salary for performing office duties but is not allowed obtain an income from capital shares, stocks, securities from off shore companies or companies.
- commercial activities, for instance, a public official cannot be a share holder in a company which receives orders from the respective public official’s institution for procurements.
- issuing administrative acts, supervision, control, inquiry or punitive functions and entering into contracts or influencing the above mentioned actions with respect to his/herself, relatives, counterparties or to those who can influence the personal or financial interests of the official, his or her relatives or counterparties, as well as those natural or legal persons from whom the official or his or her relatives obtain any type of income.
- accepting gifts, donations or to receive supplementary payments for performing his or her public official’s duties.
- public officials should prevent conflict of interest situations, i.e. situations when a public official in performing office duties has to take a decision or any other action regarding his or her, or his or her relative or counterparts personal or financial interests.
Development of legal initiatives
In order to diminish loopholes in the legislation leaving opportunities for corruption KNAB is empowered with rights to legal initiative. In this area KNAB analyses the existing laws and prepares new draft laws.