THE IMPORTANCE OF FULL IMPLEMENTATION OF THE PROVISIONS OF ASSET RECOVERY IN THE FIGHT AGAINST CORRUPTION
THE IMPORTANCE OF FULL IMPLEMENTATION OF THE PROVISIONS OF ASSET RECOVERY IN THE FIGHT AGAINST CORRUPTION
Author(s): Gjorgi SLAMKOVSubject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Факултет за Бизнис Економија
Keywords: asset recovery; corruption; international cooperation; rule of law; criminal justice;
Summary/Abstract: The fight against corruption has no effect if from the perpetrator of the corruptact have not been confiscated the goods or assets that he acquired illegally.This paper highlights the obstacles to international cooperation for the returnof the stolen asset. It is a fact that in the past, almost two decades, since the adoptionof UNCAC, a lot has been done in the field of prevention, criminalization, as well asinternational cooperation, but in the area of asset recovery, greater results are missing.It is basically property acquired in a corrupt manner, mainly in developingcountries and transferred to developed countries. In this way, criminals gain enormouswealth, and on the other hand, poverty in the country of origin increases due to loss ofresources.The paper presents specific examples of asset recovery. These are cases wherethe procedure lasts for many years, involving high political figures, and huge sums ofmoney.The paper gives several recommendations for improving the internalregulations of the countries, but also for the international cooperation in order toincrease the detection of cases of stolen asset taken in other countries.Rapid honest cooperation between requesting jurisdiction and requestedjurisdiction is essential for detecting, seizing, freezing, confiscating and returning astolen asset.The importance of the StAR Initiative is great, but still the dark number ofcorrupt acts with a stolen asset, transferred to another jurisdiction, is large
Journal: Journal of Sustainable Development
- Issue Year: 11/2021
- Issue No: 26
- Page Range: 70-96
- Page Count: 27
- Language: English