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KROLL Investigation: Between Expectations and Reality

Author(s): Eugen Ghilețchi / Language(s): English

In 2014, the domestic banking system was shaken by one of the biggest internal crises in our country's history. The bank fraud that resulted in the theft accounting for 12 per cent of the GDP was the consequence of flawed corporate governance in some banks, of dysfunctions and lack of coordination among state institutions, including the ones in charge of ensuring financial stability, as well as the consequence of ill-intentioned decision-makers in state institutions and banks1. In almost 3 years after the crisis, the authorities recovered around MDL 963 million from selling the assets of the three banks, while Kroll Company, contracted to conduct an investigation and support the authorities in recovering the stolen money, detected committed crimes that together add up to around USD 600 million2. // Currently, the only solution that could actually lessen the burden on citizens is to follow the missing money and to recover it to the possible extent. Taking into account the complexity of schemes used by crooks in bank frauds, the full recovery of the assets is virtually impossible in such situations. International experts believe that retrieving even 50 per cent of the lost money in such cases is an achievement.

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Draft Law on Anti-Money Laundering and Countering Financing of Terrorism – Source of Economic Stability or Instability?

Author(s): Sergiu Gaibu / Language(s): English

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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Soluții pentru mobilizarea resurselor interne pentru proiecte infrastructurale și dezvoltarea țării: Piața Valorilor Mobiliare de Stat

Author(s): Dumitru Pîntea,Eugen Ghilețchi,Sergiu Gaibu / Language(s): Romanian

The concept of development and liberalization of the state securities market derives from the need to boost the development process of the capital market and the national financial system as a whole. As a result of the frauds registered in the banking sector, the reformation of the financial system becomes imminent, and the rehabilitation and recovery process is announced to be long and will gradually include all its components and sectors. Thus, although at the moment the reform process is focused especially on the banking environment, special attention and a sustained involvement of efforts must also be given to the capital market, or there are solid premises for this sector to become an important element of the financial intermediation mechanism, but also a factor for diluting the risks and vulnerabilities present and revealed by the banking sector.

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Prevenirea și combaterea spălării banilor: Foaie de parcurs pentru adaptarea cadrului regulator la contextul Republicii Moldova

Author(s): Sergiu Gaibu / Language(s): Romanian

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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Monitoring report on the implementation of the Priority Reform Action Roadmap (5th July – 22nd November 2017)

Author(s): Author Not Specified / Language(s): English

This report provides an independent evaluation of the implementation of Roadmap provisions for June - November 2017. The document covers eight policy areas, with a summary of developments for each of the actions, comments on the main achievements, and a list of relevant policy recommendations. Evaluation of the implementation of provisions of the Priority Reform Action Roadmap was based on a methodology focused both on the evaluation of the implementation in terms of the established timelines and in terms of the quality of the implemented actions. Given that timelines for several actions included in the Roadmap were rather tight, and therefore were often missed, the evaluation of progress was focused on the quality of acts adopted/measures taken and their potential impact (Annex 1).

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Despre cum se pierd banii publici: Sinteza rapoartelor Curții de Conturi, Semestrul I 2017

Author(s): Tatiana Savva / Language(s): Romanian

Two decisions out of the 10 published, concerned the way in which the institutions previously referred to in the audit reports implemented the recommendations submitted: the Agency for Interventions and Payments in Agriculture on the subject of the subsidies granted and the Ministry of Internal Affairs on the subject of real progress and prospects for the automation of processes in the field internal affairs. // This study, in turn, comes to present the synthesis of the main findings from the reports of the Court of Accounts on four themes: the way in which the money from the Mandatory Medical Assistance Insurance Funds is spent, how correctly the money from this fund was spent by the National House of Social Security, how the money was spent to restructure the wine sector and how well the National Food Safety Agency and its subordinate institutions manage the financial resources and assets under management.

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Final Monitoring Report on the Implementation of the Priority Reform Action Roadmap (5 July - 31 December 2017)

Author(s): Author Not Specified / Language(s): English

The Final Report on the Implementation of the Roadmap provides an independent evaluation of the implementation of Roadmap provisions for the entire period set in the document, 5 July – 31 December 2017. The document covers eight policy areas, with a summary of developments for each of the actions, comments on the main concerns and achievements, and a list of relevant policy recommendations. // The implementation of the Priority Reform Action Roadmap was evaluated on the basis of a methodology focused both on the assessment of timeline and quality of the implemented actions. Given that deadlines for a number of actions included in the Roadmap were rather tight, and therefore were often missed, the evaluation of progress was focused on the quality of acts adopted/measures taken and their potential impact (Annex). // This document represents the final assessment report on the Roadmap implementation, which is based on updating the interim assessment report published on 1 December 2017.

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Republica Moldova - studiu de caz al noilor scheme de spălare a banilor. Lecții de învățat și consecinţe pentru UE

Author(s): Sergiu Gaibu,Andres Knobel / Language(s): Romanian

The evolution and proliferation of new forms of terrorism, organized crime, intrusion and information warfare generate new money laundering schemes to finance these types of activities. Their purpose is to avoid anti-money laundering mechanisms created through a joint international effort. Money laundering is essentially an international phenomenon, so it is extremely important that regulations and prevention measures are developed and implemented in all countries. This approach is particularly relevant for the European Union (EU), where all new developments, including the fifth Anti-Money Laundering Directive and the legislative framework for the automatic exchange of information, can be undermined if neighboring countries fall behind.

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Report on the Monitoring of Local Administration – The Municipality of Ivanjica

Author(s): Not Specified Author / Language(s): English

The Municipality of Ivanjica won a total of 92 points, out of a possible 262, with a final rating 2. The Municipal administration of the Municipality of Ivanjica achieved the best results in the areas of "Public financial management" and "Accountability". Within the area of "Public financial management", exceptional results were achieved in the field of „Public procurement procedures based on the principles of equal treatment, non-discrimination, proportionality and transparency“, and „Degree of compliance with the budget calendar and successful planning of income and expenses“, while in the field of „Transparency and accessability of the budgetary documents“ Municipal administration of the Municipality of Ivanjica achieved somewhat weaker results. Within the area of "Accountability", the Municipal Administration of the Municipality of Ivanjica stood out in the field of „Proactivity of the local administration in publishing information on the official website“. The website of the Municipality of Ivanjica is quite well structured. It contains a large number of documents, data and information. A large number of data and information are easily available, in a maximum of three clicks. The page content search function works great. On the website there are special sections for the areas of public procurement, electronic services, the budget of the Municipality, documents. The content of the website is accurate, timely and up-to-date. Somewhat weaker results were achieved in the areas of "Public services and human resources management" and "Service delivery". Within the area "Public services and human resources management", „Openness and transparency of recruitment into local administration“ was rated 2, while „Institutionalization of human resources management in local administration“ and „Effectiveness of measures for the promotion of integrity and prevention of corruption in the local administration“ was rated 1. In the area of "Service delivery", „Availability and quality of administrative services to citizens“ was rated 2. The worst results were achieved in the areas of "Strategic framework for public administration reform" and "Policy development and coordination". For the „Existence of a planning document for improving the work of local administration and involvement of civil society in the process of development and structures for monitoring and coordination“, within the areas of "Strategic framework for public administration reform" and "Policy development and coordination", 0 out of 26 possible points were scored. In the area of "Policy development and coordination", 2 out of 12 points were awarded for the „Transparency of the council's work and the preparation of drafts and proposals of decisions in local administration, while 3 out of a possible 18 points were awarded for „Inclusiveness and openness of policymaking in local administration“.

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Report on the Monitoring of Local Administration – The Municipality of Koceljeva

Author(s): Not Specified Author / Language(s): English

The municipal administration of Koceljeva responded in a timely manner to the requests for free access to information of public importance sent by the Ars Nova club, within the Pratim JA project. In the area of Policy development and coordination within the indicator Transparency of council`s work and the preparation of drafts and proposals for decisions in local administration and the indicator Inclusiveness and openness in policymaking in local administration, low scoring results were recorded during the research. In the field of Public services system and human resource management within the indicator Openness and transparency of recruitment into local administration, a low score was also recorded. The mentioned indicators have zero points in the final scoring. In the area of Public services and human resources management within the indicator Effective protection of senior civil servants` position from unwanted political interference, as well as in the area of Public financial management within the indicator the Degree of compliance with the budget calendar and successful planning of income and expenses, high scoring results were recorded. The mentioned indicators have 4 rating in the final scoring. The overall impression of mutual cooperation is positive. The municipal administration of Koceljeva, according to the results of the research, did not achieve a high result in the final scoring, the total monitoring score for all areas, on a scale of zero to five, is two. There is a lot of room for improvement and certain items need to be improved in order for the functioning of the municipal administration of Koceljeva to be productive, transparent, open, accountable and proactive.

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Report on the Monitoring of Local Administration – The City of Niš

Author(s): Not Specified Author / Language(s): English

By conducting an analysis based on information of the work of the public administration in Niš, it was concluded that the public administration obtained solid results and achieved the most points in the area related to the Public services and human resourse management, especially in the part of the institutionalization of human resources management and effective protection of senior civil servants` position from unwanted political interference. Also, the area that monitors Public administration accountability, specifically Proactivity in publishing information on the official website and the area of Public Finances, in respect of the budget calendar and revenue planning, were also assigned high rating. What is necessary to do when it comes to the web-presentation of the city of Niš is to harmonize the content and technical standards with the Regulation on closer conditions for creating and maintaining the organ’s web presentation. The areas with the lowest ratings are: Policy development and coordination with regards to the transparency of the work of the city council and the preparation of drafts and decisions in public administration, then the area that monitors Public services and human resourse management, specifically the Openness and transparency of recruitment into local self-government. Given the fact that the city administration is not unified in the city of Niš, more precisely that there are several administrations, and that communication with all administrations was not uniform – the aggravating circumstance was the fact that the city of Niš did not sign a memorandum of cooperation on this research.

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Report on the Monitoring of Local Administration – The City of Novi Pazar

Author(s): Not Specified Author / Language(s): English

The website of the city of Novi Pazar is well structured. It contains a large number of easily accessible, with more than three clicks, documents, data and information. Content search function works great. There are special subdomains for the areas of public procurement, electronic services, city budget and documents on the website. The content of the website is accurate, timely and up-to-date. The City of Novi Pazar won 143, out of a possible 262 points which makes rating 3 in the final score. The City Administration of the City of Novi Pazar achieved the best results in the areas of „Public services and human resourse management“ and "Public Financial Management". Within the area of „Public services and human resourse management“, the exceptional results were achieved in the fields of Institutionalization of human resource management in local administration and Effective protection of senior civil servants` positions from unwanted political interference. Within the area of "Public Financial Management", the City Administration of the city of Novi Pazar stood out in the field of the Degree of compliance with the budget calendar and successful planning of income and expenses, as well as in the field of Public procurement procedures based on the principles of equal treatment, non-discrimination, proportionality and transparency. Weaker results were achieved in the areas of "Accountability" and "Policy development and coordination". Within the area of "Accountability", the proactivity of the local administration in publishing information on the official website was rated 2. This is due to the fact that a large number of documents and information are not available in all languages in official use. In the area of "Policy development and coordination", the Transparency of the council's work, preparation of drafts and proposals for decisions in local administration was rated 2, as well as Inclusiveness and openness of policymaking in local administration. The worst results were achieved in the areas of "Strategic framework for public administration reform“ and "Service delivery". For the availability and quality of providing administrative services to citizens, 12 out of 28 possible points were scored. For the existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination 12 out of 26 points were awarded.

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Report on the Monitoring of Local Administration – The Municipality of Odžaci

Author(s): Not Specified Author / Language(s): English

The municipality of Odzaci scored a total of 105 points, so on a six-point scale (0–5), with the overall 2 rating. The basic finding is that the Municipal administration cooperated with the research team, responded to all four requests for access to information of public importance, providing all available data and information, mostly within the legal deadline. As far as separate areas are concerned, the Municipality of Odzaci received the highest number of points and the best rating for the area Public procurement procedures based on the principles of equal treatment, non-discrimination, proportionality and transparency, then for the area Effective protection of senior civil servants` positions from unwanted political interference, and relatively good result for the area Proactivity of local administration in publishing information on the official website. The only areas for which there were no points are the Existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination, as well as the transparency of the council's work, preparation of drafts and proposals for decisions in local administration.

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Report on the Monitoring of Local Administration – The City of Prokuplje

Author(s): Not Specified Author / Language(s): English

The analysis of information on the work of the public administration of city of Prokuplje resulted in the following data: The City Administration of Prokuplje was negatively assessed in the area of Policy development and coordination, the Pulic Services and Human Resource Management, in the segments related to the transparency of employment in local self-government and the effective protection of senior civil servants position from unwanted political interference. Also, the area of Public financial management, in respect of the budget calendar and the successful planning of income and expenses, transparency and availability of the budget and accompanying documents, was assessed with a small number of points. The local self-government of Prokuplje achieved positive ratings in the institutionalization of human resources management, in the area of Accountability, in the segment that monitors the proactivity of the local self-government in publishing information on the official website and the availability and quality of services for citizens, where, although it does not have a large number of points, it is highlighted as an example of good practice because it pays special attention to blind and partially sighted citizens. As a positive aspect of the work, the fact that it was among the first public administrations to sign a Memorandum of Cooperation on research and showed willingness to provide requested data and information can also be highlighted. Communication with the official appointed by the local self-government was correct and open, but the consequences of the coronavirus pandemic and the absence of a large number of officials prevented the research team from obtaining all the documents needed for analysis, so the overall assessment of the work of the City Administration of Prokuplje is low. As an example of good practice, we can point out the part of the web presentation that is adapted to blind and partially sighted citizens, and what is necessary to do when it comes to the web presentation is to fully harmonize the content and technical standards with the Regulation on closer conditions for the creation and maintenance of web presentations of the organ.

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Report on the Monitoring of Local Administration – The City of Subotica

Author(s): Not Specified Author / Language(s): English

The monitoring and evaluation of the functioning of the city government in Subotica, carried out during 2022, showed that the situation in all six analyzed areas of public administration in this city was assigned with rating 3, on a six-point scale 0–5. On one hand, the analysis showed that in public administration of the city of Subotica the best rated areas are Service delivery and Public financial management. Within the first area, the quality and availability of administrative services to citizens were rated with highest marks, as well as the the transparency and availability of documents related to the preparation and execution of the budget, and implementation of public procurement procedures in the second. On the other hand, the monitoring showed that city of Subotica has the worst situation in the areas of public administration related to the Strategic framework for public administration reform and Policy development and coordination at the local level. Specifically – within the first area, the existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination was rated the worst, while in the second mentioned area the inclusiveness and openess of policymaking in local administration, similarly gained such low marks.

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Report on the Monitoring of Local Administration – The City of Valjevo

Author(s): Not Specified Author / Language(s): English

After the conducted research, the biggest impression is a closed and negative attitude of the City Administration of the city of Valjevo towards the research we are conducting. From December 2021 until June 2022, researchers sent a large number of requests to the City Administration for free access to information of public importance. The city administration responded to only one of the requests, several months late, and even that request was not fully answered. We are of the opinion that the overall rating would have been higher, as well as the individual ratings by area, if the City Administration had provided the information requested from it. In addition, we would get a more complete picture, which would result in a greater number of recommendations for improving the work of the City Administration. However, the information that the City Administration did not provide for us is also useful information, as well as a message addressed to the citizens. Because if the City of Valjevo does not fulfill its basic obligation prescribed by the Law on Free Access to Information of Public Importance, an obligation whose non-compliance leads even to financial sanctions, it is difficult to expect that it will act proactively, enable a greater degree of citizen participation in decision-making, and that the administration's work will be more transparent. The area of Public services and human resource management stands out as the worst-rated, while, on the other hand, the best-rated area is Accountability, which analyzes the proactivity of the local administration in publishing information on the official website of the City, although the City Administration could significantly improve the situation in this area as well.

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Report on the Monitoring of Local Administration – The Municipality of Vlasotince

Author(s): Not Specified Author / Language(s): English

The analysis of public administration in the municipality of Vlasotince, lead to the following conclusions: The public administration of Vlasotince achieved the most points in the area that monitors the Public services and Human resources management in the section on Institutionalization of Human resources management, in the area of Services delivery, specifically the Accessibility and quality of provision of administrative services to citizens and in the area of Public financial management, in the section that monitors the Degree of compliance with the budget calendar and the successful planning of income and expenses and the indicator that monitor that public procurement procedures are based on the principles of equal treatment, non-discrimination, proportionality and transparency. The fewest points were achieved in the areas of the Strategic framework for public administration reform, specifically due to the lack of improvement of public administration through strategic documents and non-inclusion of civil society in the process of drafting and structures for monitoring and coordination, in the area of Policy development and coordination, in the part that follows the Transparency of council`s work and preparation of drafts and proposals for decisions in local administration and Inclusiveness and openness in policymaking in local administration, as well as areas related to the Public services and human resource management in terms of the effectiveness of measures for the promotion of integrity and prevention of corruption in local administration. During the conduct of the research, a positive practice of the behavior of officials employed in the public administration of Vlasotince was observed, which should be highlighted. The way of communication with the research team, despite the insufficient number of employees, and the handling of Requests for access to information of public importance, both in terms of form and comprehensiveness of information, are certainly an example of good practice. Also, the new website, which contains a lot of publicly available data and services that facilitate citizens' daily access to information, are also positively evaluated elements. What is necessary to do when it comes to the content of the web-presentation of the municipality of Vlasotince, is to harmonize the content and technical standards with the Regulation on further conditions for the creation and maintenance of the web-presentation of the Authority.

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Report on the Monitoring of Local Administration – The City of Vršac

Author(s): Not Specified Author / Language(s): English

The city of Vršac won a total of 52 points, so on a six-point scale (0–5) the overall situation is rated 1. The basic finding is the complete absence of any communication between the city administration and our researchers. The city administration did not respond to the invitation to sign the agreement, nor to any of the four requests for access to information of public importance, which we sent by e-mail to the address of the head of the administration. Since the city administration did not submit any documents, practically the only source of data and documents was the official website. For half of the indicators (for 6 out of 12), the city administration did not receive any points, namely for four indicators within three areas (Strategic framework for public administration reform, Policy development and coordination and Service delivery), and in the area of Public services and human resource management for two of the four indicators. A somewhat better result was achieved in the area of Accountability – Proactivity of the local administration in publishing information on the official website. A relatively good result was achieved only in the area of Public financial management. During the research, we got the impression that the situation is certainly better, but due to the lack of will to communicate with the researchers, we cannot argue that impression.

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Report on the Monitoring of Local Administration – The City Municipality of Zvezdara

Author(s): Not Specified Author / Language(s): English

The monitoring and evaluation of the functioning of the Administration of the City Municipality of Zvezdara, carried out during 2022, showed that the situation in all six analyzed areas of public administration in this city municipality of the City of Belgrade was assessed with a total rating of 3, on a six-point scale 0–5. The analysis, on the one hand, showed that this municipality best rated in two areas – Accountability and Service delivery. In the first area, the proactivity of the local administration in publishing information on the official website was rated the best, while in the second area, the availability and quality of administrative services delivery to citizens was rated the best. On the other hand, the monitoring showed that in the City Municipality of Zvezdara, the worst situation is in those areas of public administration that relate to the Strategic framework public administration reform and Policy development and coordination. Specifically, within the first mentioned area, the existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structure for monitoring and coordination was rated the worst, while the transparency of the Council's work was rated the worst within the second area.

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CORRUPTION AT THE SERBIAN BORDER POLICE

Author(s): Saša Đorđević / Language(s): English

The topic of corruption in the border police is important because Serbia is a transit country which borders four EU member-states. The consequences are multifold. The goal of many criminal groups is to conquer the market of the European Union, whose economy is improving after several years of economic crisis (Balcerowicz 2013, 3). Serbia is a part of the Balkan route, which is well-known to criminal groups. Also, a common feature of a vast majority of migrants is that they illegally cross several international borders to reach Serbia and enter this country in the same way. In the process, they use the services of organized groups of smugglers who charge them a high price in order to help them to cross the border and to secure accommodation in transit countries (Center for the Protection of and Assistance to Asylum-Seekers 2013, 9). One also needs to add to this a strong intensity of international traffic in Serbia, particularly during the summer period, which is favorable for „petty“ corruption. All this helps to strengthen corruption pressure on the Serbian Border Police.

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