Ризици од корупција кај јавно приватно партнерство во Македонија

Author(s): Ana Stojilovska / Language(s): Macedonian

Борбата со корупцијата е горливо прашање за Република Македонија. Европска комисија во последниот извештај за напредок констатира дека корупцијата и понатаму продолжува да постои во многу области и дека корупцијата во јавните набавки е сериозен проблем. Понатаму, корупцијата на локално ново во Република Македонија е недоволно истражена, а и јавната доверба во институциите надлежни за справување со корупција е ниска, па затоа е важно поактивно вклучување на граѓанскиот сектор во мониторирање на трошењето на јавните пари како и континуирано истражување на областа, со цел да се придонесе кон зајакнување на доброто владеење во државата.

Римейкът като политическа метафора

Author(s): Valeri Lichev / Language(s): Bulgarian Issue: 5/2022

The article examines the various forms of metaphorical use of the term "remake" in the Bulgarian political discourse. They refer to: A) the general knowledge of political leaders; B) the electoral cycle; C) corruption practices; D) protest actions. In all these cases, the metaphorical transfer carries a negative value charge, insofar as it means the absence of new projects and visions for the social reality. Attention is drawn to the "reverse mimesis" which, unlike Aristotle, means the imitation or reproduction of patterns borrowed from the field of verbal and visual arts in public life.

Розмежування понять «подарунок» та «неправомірна вигода» в адміністративному та кримінальному праві

Author(s): Andrii Habuda,Kateryna Danchenko / Language(s): Ukrainian Issue: 21/2022

The article raises issues of interpretation and application of anti-corruption terminology, in particular, the definitions of "gift" and "illegal benefit". It is noted that the correct delineation of these concepts is important not only for legal science in the application of applied research but also for rulemaking and law enforcement. It was found that courts allow different applications of Art. 172-5 of the Code of Administrative Offenses and Art. 368 of the Criminal Code and as a consequence – incorrect qualification and incorrect definition of a liability. Also, we noticed that the problems of delimitation of gifts and improper benefits are not so much a problem of legislation as to the distorted practice of its application. Considering doctrinal developments and normative provisions of anti-corruption legislation, the author's approach to determining the differences between the studied terms is proposed. The principle position is substantiated, according to which, when delimitation of illegal benefit and a gift, violation of restrictions on receiving which constitutes an administrative offense, first of all, it should be borne in mind that illegal benefit is always provided for what act using the powers, authority or official position given to him. A gift is received by such a person not for committing or not committing an act with the use of the powers or powers granted to him, but for free, free of charge. Given that the dilemma of the gift and illegal benefit becomes acute in the law enforcement sphere, the authors propose to eliminate it by determining the relevant law enforcement guidelines by the Supreme Court

Семантични манипулации в публичния дискурс

Author(s): Martin Tabakov / Language(s): English,Bulgarian Issue: 5/2017

The article discusses semantic manipulations in which manipulative suggestions are made using specially selected words. Some of these examples of manipulations have become established and are very hard to refute. The notions of “left-wing” and “right-wing” are mutually related mainly in terms of state intervention in the economy and redistribution. It is not correct to qualify populist, nationalist, xenophobic political parties – or, recently, anti-immigrant parties – as “extreme right”, when there is actually a very small “right-wing” component in them and they are primarily “left-wing”. In referring to the National Socialists as “Nazi”, the word “Socialist” is manipulatively concealed. The article also indicates the semantically incorrect use of phrases such as “Turkish slavery”, “corruption”, “king”, “Russophile”, “majority”, etc.

Сервіси відкритих даних в Україні

Author(s): Viktoriya Eduardivna Shevchenko / Language(s): Ukrainian Issue: 26/2019

The article focuses on the open data and public information. The characteristics of open data are availability, free use, versatility, ease of processing. The main objectives of the study are to reveal the classification features of the data, the prerequisites for opening data for public institutions in Ukraine, to identify the principles of working with public and open data in Ukraine and the scope of their application. Methodologies include: a classification method for formalized data description; the method of generalizing and analyzing large amounts of data, the method of observation to find out the extent of the dissemination of open data in Ukraine; a chronological method for constructing a timeline for the dissemination of open data in Ukraine. Results. In terms of content, the data is classified into general cultural, historical, biographical encyclopedias, dictionaries; structured by theme in directories; quantitative indicators; geolocal data; user activity data. The public information with restricted access is distinguished; confidential information; classified information; business information; personal and public information in the form of open data. There are three open source data resources in Ukraine: E-data; ProZorro and State Portal of Open Data; also, there act open source data monitoring and control services, information and analytical resources. The main measure of effectiveness is the social effect of influencing open data understanding and promoting the use of services to access open data. Not just the data itself, but its correct interpretation and interpretation for the citizens is valuable in storytelling. Involvement of Ukrainians in the principles of state control and the possibility of unconditional access to the necessary information at any time ensure the formation of an open society, the development of democracy and civil society, create opportunities for business development, and form a responsible and active citizenship among citizens. Open data is an inexhaustible source for successful startups.

Слобода на изразување, здружување и претприемништво во заробена држава: Македонија во 2015

Author(s): Ana Blazheva,Viktorija Borovska,Kalina Lechevska,Jordan Šišovski / Language(s): Macedonian

Смяна на парадигмите: алтернативна журналистика е възможна

Author(s): Ilya Valkov / Language(s): Bulgarian Issue: 8/2020

For the last years in Bulgaria there are more and more examples about the capturing of the big media, indecent flirtation between the media, the government and the ruling parties, pressure on editorial content, expulsion of critical journalists in the media periphery. The public space is highly radicalized due to political and economic confrontations. This negative trend is also creating new forms of alternative, opposition journalism, which is even waging a guerrilla war with the powerful political and financial centers. And probably for the first time in Bulgaria we see an opportunity for changing the dominating model – new media platforms seek financial support from the citizens.

Специфика использования СМИ Кыргызстана в период предвыборных кампаний

Author(s): Svetlana Sheralieva / Language(s): Russian Issue: 1/2020

Kyrgyzstan will hold regular parliamentary elections in 2020.Kyrgyz mass media took an active part in almost all previous electioncampaigns. On the one hand, state mass media acted as an administrativeresource. The airtime area of the KRTRC (Public Television and RadioBroadcasting Corporation of the Kyrgyz Republic), state newspapersKyrgyz Tuusu, Slovo Kyrgyzstana, Erkin-Too and others mainly servedto voice and approve candidates, parties lobbied by the ruling power. Onthe other hand, activities of various political actors and private mediaare the basis of mosaic of information space in Kyrgyzstan. Politicaltechnologists, who see the media as one of the effective mechanismsof influence and public opinion formation, interact closely with them,setting the tone necessary for the client. All these political and informationprocesses led to the fact that in 2005 a multiparty parliament waselected, citizens were politicized and the development of social networkscontinues to periodically change the mosaic of the media picture of thecountry. This is especially intensified, as it has already been noted, onthe eve of the elections. However, the relative freedom of the mass media,the possibility of confrontation between different political actors, theuse of political technologies, in the absence of a clear state position andideology do not increase the level of civic activity.

Специфични юридически характеристики на престъплението подкуп

Author(s): Rumen Vladimirov / Language(s): Bulgarian Issue: 5/2015

In the present article a legal characteristic of the act of bribery is made. The bribery may be considered as a particular kind of a deal revealing civil and criminal legal effects. Besides, bribery may be considered as a particular form of common criminal activity. All these particularities complicate in addition the nature of the socio-legal act known as bribery.

Србија и Европска унија– кризе после кризе

Author(s): Snežana Grk / Language(s): Serbian Issue: 2/2011

The financial and economic crisis in the world is the consequence of much deeper disturbances and an indication of more precarious trends. Serbia has entered an economic crisis much earlier than the outbreak of the latest world financial crisis. The country will suffer from long- term consequences of its own crisis due to slow structural reforms and a wrong macroeconomic policy which was led. High government spending, import and foreign indebtedness will no longer be possible, because those countries that Serbia has been depending on will still be putting up with the consequences of the crisis as well. An additional problem is posed by the fact that new largescale crises in the world are in sight, as an effect of the rise in the price of food, only to be followed by the scarcity of some resources, such as drinking water or energy. New crises will manifest in different ways in different continents. Serbia, which is part of Europe and the world, must apply its own model of macroeconomic policy to offset the negative factors that are yet to come from the external environment, as well as to resist the factors that have been a generator of the internal crisis for decades. The Serbian economic problem is not a local consequence of the global crisis, but is due to its problematic model of growth. The roots of a destructive national economy and policy run deep. And new turbulences on the Serbian economic scene brought about by new crises will be recurrent and enduring, and will further affect the real sector and the population. A new social and debt crisis will have a deep and lasting effect on the majority of businesses, workers, consumers and creditors. The events that will follow will additionally intensify the social and political crisis. At a time when Europe and the world are facing new crisis, the following question arises: does the European Union need Serbia the way it is today?

Србија у зони рецесионог сумрака

Author(s): Snežana Grk / Language(s): Serbian Issue: 1/2009

The most serious problems Serbia is facing are the inefficient state bureaucracy, political culture of the elites and the high level of corruption. Overall economic situation in Serbia is difficult due to fragile macroeconomic and economic perspectives. Of particular concern are the exceptionally low level of investments, increasing foreign trade deficit, increasing budget deficit, impossibility of export growth and debt servicing. If there will be no satisfactory inflow of accumulation from abroad, a crisis in debt servicing will occur which will reflect on economic crisis. Bringing the country to the verge of economic collapse – because of the macroeconomic instability that would reflect on an economic crisis with recession and which would also rapidly expand onto financial instability – does not leave enough maneuvering space to the Serbian government in which it could act. The future of this country is uncertain once it will have nothing to sell. The only way out is new credit arrangements with international financial institutions in general, and with the International Monetary Fund (IMF), in particular.

Стан і тенденції виявлення кримінальних корупційних правопорушень в Україні

Author(s): Olena Shostko / Language(s): English,Russian,Ukrainian Issue: 141/2018

The article is devoted to the consideration of the main quantitative and qualitative statistical indicators of the results of activities of law enforcement bodies and courts in detection of corruption offenses for a period from 2014 to 2017. The annual official data show that 2400 people were exposed in committing criminal corruption offenses in 2017, which is 22 % more than in the previous year. The number of persons convicted for committed corruption crimes was as follows: in 2015 – 755, in 2016 – 492 persons, in 2017 the number has increased threefold – to 1692 persons. But only 6 % of the perpetrators were imprisoned (107 persons). 50 % of corruption cases were penalized by a fine as main punishment.The author stressed the fact that in 2014–2016 top-ranked state officials and civil servants of 1–2 categories (the highest group) were not convicted for corruption criminal offenses. 2 civil servants of this category were convicted in 2017. For the mentioned term of time, no member of Verkhovna Radawas convicted of criminal corruption offenses either. Damages caused by criminal corruption offenses(after criminal proceedings finished by investigation) amounted to 16, 329 billion UAH (approximately 142,36 million Euros). Damages repaid amounted to 312,5 million UAH, which is approximately 2 % of the total amount of material damages. Finally, we conclude that the system of criminal justice cannot adequately detect, investigate, and prosecute corrupt officials since the system is just as corrupt as other state institutions.Despite the proclaimed and partly implemented reforms, the self-cleaning of law enforcement agencies from corrupt officials did not take place. Subjects of political corruption remain intact. The official statistics show a distorted «picture of the fight» with criminal corruption offenses, which are almost entirely in a latent state.

Сузбијање корупције у међународном кривичном праву

Author(s): Miodrag N. Simović,Dragan Jovašević / Language(s): Serbian Issue: 1/2017

Though it is an ancient phenomenon, which is present in all legal systems from the earliest times to the present, the international community, in addition to national criminal legislation, has also dealt with the problem of corruption. Thus, in the last decades, more universal (within the United Nations) and regional (within the European Union and Council of Europe) international documents establishing a system of international standards for the prevention and fighting the corruption at all levels, including the application of criminal sanctions, have been passed. By signing the international documents, certain national legislations, including, amongst others, the legislation of Bosnia and Herzegovina, have undertaken to prescribe, inter alia, criminal liability and criminal sanctions system for perpetrators of criminal offences of corruption. This paper deals with the system of international standards for the prevention and fight against the corruption.

Типологије корупције

Author(s): Milica S. Joković Pantelić / Language(s): Serbian Issue: 4/2018

This paper presents and analyses typologies of corruption, from the earliest ones from late 1960-ies until the most recent ones, with examples. Based on them, a typology of corruption in Serbia is offered, i.e. of corruptive experiences on the basis of corruptive acts in Serbia. Three types of corruption are identified in Serbia: parochial, institutional and political. Each of the three types can further be divided into small and large corruption. This paper aims to identify types of corruption on the basis of kinds of corruptive acts that occur and spread within society. Typologies are a powerful analytical tool, not only for research of corruption, but also for practical measures within anticorruption strategies and action plans. Typologies of corruption are useful for systematising corruptive acts, as well as of the ways and levels in which corruption occurs. Upon this insight, the primary types from which to initiate the fight against this dangerous phenomenon can be identified. This paper uses the methods of content analysis and comparation. Its conclusion emphasises that it is most important to suppress political corruption, which simultaneously suppresses large corruption and offers chances for developing the mechanisms for suppressing small (petty) corruption.

Типология на нелегалните източници за финансирането на тероризма в региона на Сахел

Author(s): Svetoslav Yordanov / Language(s): Bulgarian Issue: 2/2022

This report examines the illicit sources of terrorist financing in Sahel region. The paper focuses on illegal drug, arms and human trafficking, extortion, kidnapping, robbery and illegal exploitation of natural resources.

Тіньова зовнішня торгівля і корупція на митницях

Author(s): B. M. Golovkin / Language(s): Ukrainian Issue: 139/2017

According to the Association of Chartered Certified Accountants (ACCA), the volume of the «shadow»economy in Ukraine is 1.1 trillion hryvnias or 45.1 % of the gross domestic product. Estimates of the Federation of Employers of Ukraine show that only 50 % of payments to the state budget comes from the clearance of goods, while the rest comprise a corruption component of 40 billion UAH for a year. Much of the large companies move non-declared goods across the state border and do not pay taxes. However, at the official level in Ukraine, it is still not accepted to talk about the servicing of the shadow foreign trade by the customs administration and the collection of corrupt rents from illegal trade in the state.Understanding the essence of the problem gives grounds to assert that the corruption risks in the work of customs are laid down in imperfect customs legislation, high tariff rates of duties and taxes,discrete powers of customs inspectors, the regime of customs procedures in the customs control zone, low level of their automation and physical contact of declarants from customs officers. In the customs case,the main type of corruption is bribery and abuse of influence related to the assistance of illegal and criminal activity in the foreign economic sphere. Subjects of foreign economic activity reduce costs and receive revenues through customs fraud or smuggling. Without corruption, this activity is impossible. On the illegal movement of goods and vehicles, smuggling and counterfeiting through the customs border, a criminal corruption business was created for all bodies and services that carry out various types of state control and law enforcement activities in the customs sphere.The most profitable are corruption schemes related to the illegal import / export of three groups of highly liquid products: tobacco products, counterfeit IT products, petroleum products, cars with foreign registration. For an independent study, illegal migration through the customs border of amber and wood,the manipulation of exports of grain and other highly liquid products deserve.Summarizing, we draw the following conclusions. Customs corruption is based on providing shadow foreign trade and covering economic crime on a transnational or transboundary scale. It is in violation of customs legislation by both parties in customs matters for the purpose of illegal enrichment. In corruption practices, all bodies and services that provide state control over the movement of goods through the customs border of Ukraine and carry out law-enforcement activities in this area participate. The level of corruption in the sphere of foreign economic activity depends on the volume of illegal export-import operations with raw materials and highly liquid products, as well as the ratio of official taxes and the cost of corruption services to economic entities. It was clarified that in parallel with «centralized corruption» in customs authorities there is «competitive corruption» between regional customs and their structural divisions for providing corruption services at lower prices. Measures to prevent corruption and crime should be aimed at reducing the profitability of shadow foreign trade by liberalizing the tax burden at the same time while strengthening control over transfer pricing, including the customs service into an integrated security system throughout the supply chain, implementing common customs control, managing risky operations

Транзиција и њене посљедице

Author(s): Boro Tramošljanin / Language(s): Serbian Issue: 1/2011

In the introductory part of this work we have spoken about conceptual operationalization of the phenomenon of the transition. In doing so we have particularly accented the question of called of “transition”, bearing in mind the fact it has been impregnated i.e. there have not been scientific verifications. After mentioned we have indicated on transition’s characteristics, and have noted most relevant. In the final part of the work we have elaborated negative consequences of the transition as society dispersion, destruction of social property, increase of crime and corruption, intensifying of social conflicts (particularly on ethnic base), disorganization of society, inversion of system values, bureaucratism of society and occurrence of risky behavior.

Транснаціональна злочинність: особливості та основні моделі

Author(s): Olena Viktorivna Tkachova / Language(s): English,Russian,Ukrainian Issue: 20/2021

In modern conditions, when information technologies are rapidly developing and innovations are being introduced, certain changes are taking place in the communication not only of individual citizens, but also of states, and favorable conditions are being created for establishing close ties and contacts. Of course, on the one hand, this is beneficial because it accelerates the exchange of knowledge and information, the transfer of various information (the timely receipt of which can sometimes depend on the fate of people and entire countries, as in the case of terrorist acts), and on the other - facilitates communication of members of transnational criminal groups with partners in other countries and even on other continents, which is more difficult to detect. As a result, such a negative phenomenon, so to speak, the tumor, as transnational crime is gaining significant scale, behaves like an octopus, launching its tentacles around the world. The study found that the features of modern transnational organized crime are: rapid adaptation to realities, instant response to changes and transformations in life and economy, the ability to improve and adjust the methods and tools used in activities; coordination; rationality; thoughtfulness and systematic actions; systematization; the desire to minimize potential risks and get the most profit and maximum profits. Such models of transnational organized crime as: corporate, trade unions, partnerships, ethnic, network are considered. Modern transnational criminal groups, regardless of model, have been shown to be “well-concealed, well-off criminal communities with a well-defined internal structure, distribution of spheres of influence and functions, and extensive interregional or international ties. It is emphasized that now transnational crime is turning into cybercrime. This is made possible by the fact that it is easier to hide criminal activity on the Internet, anonymity is ensured, and it is possible to act uncontrollably, which, in turn, guarantees security for criminal activity.

Уводни думи

Author(s): Dimitar Vatsov,Tom Junes / Language(s): Bulgarian Issue: 47/2017

Улога и место закона о лобирању у политичком систему Cрбије

Author(s): Balša Kašćelan / Language(s): Serbian Issue: 3/2010

We believe a society should recognize lobbying as legitimate and necessary. In a democracy, active private involvement in setting public priorities is an asset. In return, we believe society can expect lobbying to be transparent. During economic and political transition, open lobbying is probably a healthy sign of positive democratic change. Communism discouraged independent civic activity, and in economic life, with large state-owned monopolies rejecting reform or privatization, small and medium-sized enterprises may have to unite in businesses association to be heard. A survey of transition countries actually found that lobbying and corruption are reversely related, in the sense that the more corrupt a nation is, the less likely individual firms are to engage in lobbying. Our research tends to suggest that lobbyists are not averse to states having registers of lobbyists for a number or reasons. Primarily the paper tends to legitimize lobby groups as actors in the political process, and gives a certain transparency to the overall lobbying process. Equally as important it allows citizens to openly see what lobby groups are doing and who in government they are talking to, with the result that over time citizens become less cynical about the work and nature of lobby organizations, and indeed politicians. Lobbyist employs a wide range of techniques and strategies to promote their policy goals. The techniques used by interest groups can be divided into direct and indirect techniques. Author offer direct techniques by which lobbyists approach the officials personally to present their case and point of view. With indirect techniques, in contrast, lobbyists use the general public and media to influence decision makers. At the end of this paper we offer a number of reasons for lobbying legislation in Serbia.