FIGHT AGAINST CORRUPTION: THE LITHUANIAN WAY

CONTENTS Factors Decision Challenges Dilemmas Priorities

FACTORS

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

DECISION

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

CO-ORDINATION STT PUBLIC INSTITUTIONS Sectors

STT STRUCTURE Director Planning Division Finance Division Internal Audit Unit Security Division 1st Deputy Director Operational Activities Dept Regional Offices Deputy Director Administrative Dept Corruption Prevention Dept

CHALLENGES

Political will Strategy Legal framework Structure Personnel Resources Public support Unrealistic goals and expectations

DILEMMAS

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

PRIORITIES

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?

EDUCATION Corruption is a threat Civic society

COURTS A problem of transitional period Damaged courts: toothless law enforcement Courts or investigators?

EU EFFORTS Two processes: two networks  anti-corruption  assets recovery Effective tools:  to curb global corruption  to strengthen national bodies  to reduce dependency on local authorities

CONCLUSIONS