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FIGHT AGAINST CORRUPTION: THE LITHUANIAN WAY
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CONTENTS Factors Decision Challenges Dilemmas Priorities
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FACTORS
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External globalisation fall of the Berlin Wall diffusion: East – West Internal freedom procedures mentality integration into the EU, NATO
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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
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DECISION
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CRIMINAL PROSECUTION PREVENTION EDUCATION STT GOVERNMENT GENERAL PUBLIC C O R R U P T I O N PRESIDENTPARLIAMENT ANTI-CORRUPTION SYSTEM
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Special Investigation Service (STT) Independent body Independent investigations Three equally important pillars: criminal prosecution prevention education Co-ordinating body
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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
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CO-ORDINATION STT PUBLIC INSTITUTIONS Sectors
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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
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CHALLENGES
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Political will Strategy Legal framework Structure Personnel Resources Public support Unrealistic goals and expectations
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DILEMMAS
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Perception or reality? Public or shadow administration? Bad or good? Tactical stability or strategic instability?
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Actual level of corruption Time Action Suspension Perception The level of corruption posing no danger to the state Perception or reality?
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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
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Good or Evil? mentality of transitional period statistical citizen distorted system of values alienation of the state and citizen
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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
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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
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PRIORITIES
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Political corruption Administrative corruption Increasing liability Education Courts EU Anti-Corruption Network
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POLITICAL CORRUPTION Political party funding: ideas or money? Legally-based influence: lobbying or influence? Codes of conduct for politicians: conduct or ethics?
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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
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INCREASING LIABILITY Criminal liability Civil liability Administrative liability Codes of conduct Moral values
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CRIMINAL LIABILITY Necessary but insufficient tool Specific corruption investigation tools: effective intelligence whistleblower/informant criminal conduct simulation model technical means databases
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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?
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EDUCATION Corruption is a threat Civic society
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COURTS A problem of transitional period Damaged courts: toothless law enforcement Courts or investigators?
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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
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CONCLUSIONS
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