Прилагането на закона за чуждестранните корупционни практики на СAЩ в US V. Kаy и US V. Harder като пример за подобряване на българското законодателство в борбата с корупцията
Application of the US Foreign Corrupt Practices Act V. Kay and US V. Harder - an Example of how to Improve the Bulgarian Legislation Intended to Fight Corruption

Author(s): Ventsislav Velikov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: corruption; Foreign Corrupt Practices Act; ‘business nexus’; acquiring or retaining a business; foreign official; parastatal bodies
Summary/Abstract: This report analyzes the US Foreign Corrupt Practices Act (FCPA) through the prism of the history of two case studies from the practice of US courts, as well as the decisions on them of the relevant courts. The two case studies have been selected in view of their practical significance for the application of the FCPA and the benefits they would have for improving the Bulgarian anti-corruption legislation. The first case - United States v. Kay explains the importance of having a ‘business nexus’ in cases of giving a bribe leading to the acquisition, retention or transfer of a business to another person in a foreign country. The court decisions in the second case - United States v. Harder lead to clarification of the legal framework and content of the concept of ‘foreign official’ under the FCPA. The case examined the legal status of the European Bank for Reconstruction and Development as a public international organization, as well as the status of its officials who participated in a corruption scheme. Based on the analysis of the two cases, this report concludes with proposals for improving the Bulgarian theory and legislation, especially the content of Article 6 of the Counter-Corruption and Unlawfully Acquired Assets Forfeiture Act.

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