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The policy brief makes an overview of the levels of corruption and the impact of corruption on the societal sectors. In 2014, the Corruption Monitoring System has recorded the highest levels of involvement of the Bulgarian population in corruption transactions in the last 15 years. In the past year Bulgarians have conceded to being involved on average in roughly 158 thousand corruption transactions monthly.Most corruption transactions have been initiated by the administration through exerting corruption pressure on those seeking public services. The public’s susceptibility to corruption in 2014 is similar to 1999 despite the increase of intolerance to corrupt behaviour. In the business sector corruption’s effectiveness for solving problems has grown in 2014. Most companies do not trust public organisations and do not consider they are treated equally in courts.
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The Crimean crisis and the continuing instability in Eastern Ukraine have turned into a rude wake up call for Europe’s energy security vulnerabilities. Russia has demonstrated its capacity to yield political and economic influence on the countries in the CEE and the Black Sea regions by leveraging its dominant position on their energy markets. Russia has pressured governments to support its flagship project, South Stream, at the expense of the countries’ long-term strategy to diversify their natural gas supply and in defiance of EU’s strategy for building a liberalised common market. Since the beginning of the crisis the EU and NATO have scrambled for finding the right measures to a balanced response to Russia’s growing assertiveness, while striving to alleviate the most acute energy security risks for their members.
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The EU legal framework requires that all Members States criminalise the financing of organised crime. According to the provisions of Article 2 (a) of the Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime "Each Member State shall take the necessary measures to ensure that one or both of the following types of conduct related to a criminal organisation are regarded as offences: (a) conduct by any person who, with intent and with knowledge of either the aim and general activity of the criminal organisation or its intention to commit the offences in question, actively takes part in the organisation's criminal activities including the provision of information or material means, the recruitment of new members and all forms of financing of its activities, knowing that such participation will contribute to the achievement of the organisation's criminal activities". Nevertheless, criminal justice authorities in Member States rarely make use of these provisions.
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Over the past decade or so, the global political preoccupation with corruption has been matched by extensive research and the design of various ways of measuring its level in society. The resulting abundance of measurement and monitoring instruments have allowed a better understanding of its dynamics and have informed the design of some anti-corruption policies. The current stage of anti-corruption thinking, therefore, opens the opportunity for at least two additional paths of exploration: a critical review of existing measurements and monitoring tools and an examination of possible gaps in these tools. The results of the review of measurements tools have informed the design of a Monitoring Anti-Corruption Policy Implementation (MACPI) tool which is intended to evaluate the anti-corruption preparedness of public organisations by identifying areas of corruption vulnerability.The findings indicate that while the enforcement of anti-corruption policies has been prioritised by international and national governments, the tools for evaluating this enforcement have not been developed.
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Anticorruption policies have been designed and implemented exclusively at the national level with little consideration of their actual enforcement and effect in individual public organisations. Such a general approach has prevented these policies from achieving the level of sophistication achieved by interventions in other fields of public governance. A refocusing of the anticorruption effort at the level of public organisation would enhance the quality of design of policies and would allow more precise monitoring of their implementation and effect. Monitoring Anticorruption Policy Implementation (MACPI) - a tool recently developed by the CSD and University of Trento experts - will facilitate such refocusing by allowing evaluators and policy makers to review the anticorruption architecture of individual public sector organisations. It could also help the use of benchmarking and policy templates at the public institution level.
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In 2015 Bulgaria has regained one position compared to the previous year in the economic competitiveness ranking of the World Competitiveness Yearbook (WCY), published by the Institute for Management Development (IMD). The country is ranked 55th out of 61 economies. This is only a marginal improvement and remains significantly lower compared to its highest achievement in 2009 - 38th place. // The ranking highlights two particular commonalities among the best ranking countries. Firstly, nine countries from the top 10 are also listed in the top 10 of the business efficiency factor. And secondly, all top positions are occupied by economies which are driven by innovation-based growth. // In the policy brief the Center for the Study of Democracy provides the following recommendations for increasing the competitiveness of the Bulgarian economy: - Tackle high level corruption and state capture; - Modernize public administration and strengthen independent regulators; - Adopt education for innovation-based growth; - Tackle energy poverty, energy intensity and supply dependency; - Improve the country's branding.
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The policy brief analyses the energy security and governance risks. The authors underline that: - Bulgarian ranking has improved significantly, jumping from 73rd to 58th place, narrowing the gap with the average OECD results. - Since Bulgaria receives all of its natural gas from one source and via one pipeline, it is imperative that the government’s decisions for the initiation of future energy projects are based on the projects’ potential to diversify supply sources and ensure an uninterrupted energy supply. - The efforts to diversify the gas supply by building the Interconnector Greece - Bulgaria (IGB) have stalled in spite of external financing, existing contractual obligations with the Shah Deniz consortium and due to lack of administrative capacity and state capture from domestic and foreign interests. - The European Commission’s efforts to integrate the SEE region into the EU internal market and diversify its gas supply away from a single supplier have started to pay off. The liberalization of the cross-border capacities along the Transbalkan pipeline, previously fully reserved by Gazprom, is now open for competitive bidding. - The liberalization of regional natural gas trading and the completion of the interconnector pipelines with Greece and Romania would advance Bulgaria’s bargaining position vis-à-vis Gazprom by reducing the country’s gas import costs, and improve the country’s security of supply and the affordability of residential gasification initiatives.
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The Policy Paper is aimed to assist the efforts of state institutions and market participants to analyze and improve the economic and legal conditions for development of corporate governance in Bulgaria. It proposes guidelines and specific recommendations for investors, joint-stock companies, stock exchange and all other organizations concerned with corporate governance.
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Duty-free trade-related smuggling of excise goods has been one of the most potent and sustainable sources of political corruption in Bulgaria for the last fifteen years. The operation of land border area outlets has been a major channel for flooding the Bulgarian market with tons of illegal cigarettes and alcohol and the sale of millions of gallons of excise-free petrol. The resulting profit, running into hundreds of millions each year, has been funding many a Bulgarian party and has become the foundation of untouchable political oligarchies. The policy brief examines duty-free trade in Bulgaria in regard to turnover and tax revenue losses from the operation of the duty-free outlets. It also analyses the regulation of duty-free trade in Bulgaria which bears all the marks of a state capture. The brief presents possible courses of action towards reducing the negative effects of duty-free trade.
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Enhanced criminal justice and improved cross-border cooperation between judicial and law enforcement authorities are essential for the EU and its Member States in order to effectively respond to the increasing threat of cross-border criminality. The last two EU enlargements resulted in significant changes in the Union’s external borders. Some of the countries that used to have such borders are now neighbors to other EU Member States. Their responsibilities regarding the security at the external borders are gradually transferred to new Member States which have become the outermost countries of the Union. The duties of these countries on protecting the external borders are yet to increase substantially. Further to Bulgaria's accession to the European Union, the country's frontiers with Turkey, Macedonia and Serbia, as well as its Black Sea border, have become external borders of the EU. Hence, border crossing-related criminal offences and customs violations no longer represent a problem of Bulgarian national security alone: they have turned into a problem of EU security. This policy brief is a follow up to the 2007 CSD report Reinforcing Criminal Justice in Border Districts and examines the attitude of and measures undertaken by the relevant stakeholders as regards the policy recommendations formulated by the report.
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This policy brief outlines the result of the consultations, which the Center for the Study of Democracy held with representatives of business and government on the feasibility of public-private partnerships in promoting a level paying field in Bulgaria. Its findings seek to inform further discussions with Bulgarian and international stakeholders on the modalities of possible future initiatives in this area on the example of public policy on the grey economy. If the efforts of the Bulgarian government and the business community to reduce the adverse impact of grey economy on the nation’s welfare are to succeed they need to bring on board the experience from successful coalition building for good governance from the non-government sector, based on best international practices. International experience has revealed that there are no easy fixes to pervasive grey economy and corruption. This brief proposes an overview of measures undertaken thus far to tackle the grey economy in Bulgaria and outlines a possible platform for engagement of the business, NGO and government sectors for long-term partnership for leveling the paying field in the country.
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The Policy Brief focuses on the Bulgarian energy sector, which has historically been and will remain of strategic importance for the country’s economic development and national security, especially in the context of growing EU and Balkan markets. However, recent shifts in the world’s economy, policy, regional dynamics, and geo-political situation are the driving factors necessitating the need to introduce major reforms focused on a transparent, diversified, efficient, and market based energy sector in Bulgaria. Bulgaria needs to actively participate in the European and international energy debate and to address the whole complex of energy related policies.
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Energy is a key sector for Bulgarian economy, both because of its size and because of its importance to national competitiveness. This requires decisions to be made on the basis of reliable and accessible data, broad based discussions and clearly identified strategic priorities, which rely on established practices and mechanisms for good governance. The latest strategic document at national level is the Bulgarian Energy Strategy from 2002. Without updating it, the Bulgarian government has committed in the years following its EU accession to substantial investments with long-term impact on the energy sector, which is a vivid example of failure in good governance. Bulgaria’s membership in the European Union (EU), climate change negotiations, the financial and economic crisis and Bulgaria’s inclusion in several international investment projects have changed the conditions for the development of Bulgaria’s energy sector. These latest developments require updating of the national energy strategy and providing for better and transparent governance in the sector.
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The policy brief focuses on the impact of the governemnt measures put forward to counter the economic crisis and their effect on the hidden economy. The hidden economy has been a central topic for discussion in the public space upon each amendment to the economic legislation and particularly before elections or the passing of the national budget. Nevertheless, aside from the Annual Hidden Economy Index released by the Center for the Study of Democracy and a few sporadic analyses by other non-governmental, academic and business organizations, there is a lack of an adequate government system of ex ante and ex post impact assessment of the proposed measures to fight hidden activities of the wider economy. The adjustments of GDP done by the National Statistical Institute aiming to include hidden economy in the system of national accounts are not made public and do not serve as a basis for decision-making. Thus, public debates on hidden economy become little more than displays of rhetorical skills or actually serve completely different agendas rather than the implementation of measures to curb its negative impact.
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Organized crime in Bulgaria is quick to adapt to the new realities and by and large enters the legal economy by legalizing capital accrued from criminal activities. This process poses a significant threat to the country: while in developed democracies money-laundering is carried out through the complex financial operations or investments in the legal economy (for instance through the purchasing of real estate and movables), in Bulgaria money-laundering takes on a specific form – political investment. The policy brief makes an overview of the organized crime, corruption and money-laundering in Bulgaria. According to the authors, in spite of several legislative initiatives and a growing amount of prosecutorial decrees for money-laundering in the last decade, the prosecution for this type of crime in Bulgaria remains insignificant. The complexity of the crime, the objective difficulties for its investigation, as well as the necessary inter-institutional approach on an international level to combat such activities explain the relatively small number of prosecutions.
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The aim of this note is to provide recommendations on improvement of the draft law as well as of the certain elements of mechanisms present in Moldova on preventing and combating money laundering, so that to protect the fundamental rights, proper functioning of the business environment and to preserve a rational approach to prevention and combating the money laundering phenomenon. It is vitally important to understand the general context and the role of prevention and combating money laundering in such context. The primary goal of modern societies and states is to eradicate organized crime, drug trafficking, human trafficking, organ trafficking and illegal arms trafficking. In this context the international community developed services to identify and fight these crimes. Once the technologies were developed and the financial flows enhanced, it became obvious that the criminals’ ultimate goal is to bring the enormous income back into the legal ‘white’ circulation. And after realizing this fact, the combating of money laundering was organized and the money laundering activity was incriminated to attack the results of illegal activity.
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As a result of the analysis of the situation of the Republic of Moldova, based on the vulnerabilities of the private sector but also of the state institutions, 13 principles to be followed were developed for the realization of a balanced and rational system for preventing and combating money laundering and terrorist financing. The established principles take into account the requirements of EU Directive 2015/849, the money laundering risks specific to the environment in the Republic of Moldova, as well as the limited resources of the business environment and those of public authorities. Also, these principles focus on the critical risks of money laundering and elimination of vulnerabilities within state institutions, the risks of abusive applicability and susceptibility to corruption.
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The aim of this study is to provide a comprehensive overview of the Ukrainian agricultural sector in the light of the act on introducing an agricultural land market adopted in March 2020, which partially came into force in mid-2021 and will fully enter into force in 2024. It will allow, for the first time in the history of independent Ukraine, the free and legal trade in agricultural land. This will have far-reaching consequences both for local agriculture and for the country as a whole. The development of the agricultural sector, which has already progressed at an impressive rate in recent years, can be expected to accelerate further still. It should be remembered that Ukraine is the largest country in Europe in terms of area (excluding the Russian Federation) and more than half of its territory is covered by very fertile soils. The vast majority of the country has a climate favourable for agricultural production – the land is characterised by a long growing season for plants, plenty of sunshine and no problems with shortages of water for agriculture. The state thus has excellent conditions for this type of economy.
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The digital transformation has become one of the Russian government’s economic priorities during Vladimir Putin’s fourth presidential term. At its core has been the development of ICT infrastructure, and especially the deployment of fifth-generation mobile networks (5G). The development of the digital sector has been dominated by security issues, which are seen as more important than technical or financial efficiency. It is expected that Russia’s 5G infrastructure will rely on Russian technologies, software and devices, and state bodies have been heavily involved in its implementation. As a result of a fierce rivalry between the main actors vying to influence the course of the digital transformation, its master plan is still in the process of being formulated. As regards the 5G network, the dispute centres on two issues: the choice of the operator market model (with the government opting for an infrastructure monopoly) and the choice of radio frequencies (with the security agencies opposing the release of the most prospective bands).
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