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Javnost sednica Ustavnog suda Srbije – kako je bilo i kako je sada?

Author(s): Marija Draškić / Language(s): Serbian

Pitanje javnosti rada Ustavnog suda, koje je izazvalo tako veliku polemiku kako među samim sudijama Ustavnog suda tako i u profesionalnim krugovima i medijskoj javnosti, verovatno da nije zasluživalo veliki prostor i vreme koje je potrošeno da bi se razjasnilo o čemu je zapravo reč. Ustavna garancija javnosti rasprave pred Ustavnim sudom, uz opšteprihvaćene standarde za isključenje javnosti (koji se odnose na zaštitu interesa nacionalne bezbednosti, javnog reda i morala u demokratskom društvu, kao i zaštitu interesa maloletnika ili privatnosti učesnika u postupku), odnosila se oduvek samo na javno raspravljanje učesnika u postupku pred Ustavnim sudom. Iznenada, neoprezno i bez dovoljne svesti o posledicama, Poslovnik o radu Ustavnog suda iz 1991. godine neočekivano je javnost uveo i na sve redovne sednice Ustavnog suda, na kojima se nije odvijala javna rasprava, već se na njima obavljalo većanje i glasanje sudija o predloženoj odluci. Moguće je pretpostaviti da se to dogodilo usled nedovoljnog razlikovanja faze većanja od ostalih faza u postupku odlučivanja Ustavnog suda u predmetima klasične ustavnosudske nadležnosti u normativnoj kontroli. Nažalost, iako je takva nezakonita praksa trajala godinama, neprirodnost slike „direktnog prenosa svega onog što se događalo na sednici Suda“ ili sudije koji učestvuje u većanju i glasanju, a svoja gledišta iznosi pred predstavnicima medija i svoja uverenja brani uz nadzor televizijskih kamera, nije time bila manje upečatljiva.

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Izvještaj Mreže pravde u Bosni i Hercegovini za 2. Univerzalni periodični pregled o stanju ljudskih prava u Bosni i Hercegovini

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

(B/H/S edition) The Justice Network in BiH is an informal network of 64 non-governmental organizations established in January 2010 to support development of efficient, independent, and accountable judiciary, in order to instigate more efficient protection of human rights and establishment the rule of law in Bosnia and Herzegovina (BiH). To this end, the Network launched monitoring of the implementation of UPR recommendations in BiH in the same year. During the last 4 years, i.e. in period from January 2010 to March 2014, based on the monitoring, evaluation and research activities conducted by the members of the Network gathered around the Working Group for monitoring the implementation of UPR recommendations, we have published 4 annual reports on implementation of UPR recommendations pertaining to the justice sector. The reports were submitted to an extensive number of the justice sector stakeholders and the international community. The process of monitoring and evaluation was based on the methodology which included the identification of measurable indicators for each UPR recommendation, data collection and processing in a period of 6 to 8 months, and drafting the report and additional recommendations for the local decision-makers to ensure that UPR recommendations are adequately and timely implemented. This summary, which was the subject of extensive consultations within and outside the Network, was prepared on the basis of the aforementioned reports.

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Joint Report of the Justice Network in Bosnia and Herzegovina for the 2nd Universal Periodic Review on Human Rights Situation in Bosnia and Herzegovina

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

(English edition) The Justice Network in BiH is an informal network of 64 non-governmental organizations established in January 2010 to support development of efficient, independent, and accountable judiciary, in order to instigate more efficient protection of human rights and establishment the rule of law in Bosnia and Herzegovina (BiH). To this end, the Network launched monitoring of the implementation of UPR recommendations in BiH in the same year. During the last 4 years, i.e. in period from January 2010 to March 2014, based on the monitoring, evaluation and research activities conducted by the members of the Network gathered around the Working Group for monitoring the implementation of UPR recommendations, we have published 4 annual reports on implementation of UPR recommendations pertaining to the justice sector. The reports were submitted to an extensive number of the justice sector stakeholders and the international community. The process of monitoring and evaluation was based on the methodology which included the identification of measurable indicators for each UPR recommendation, data collection and processing in a period of 6 to 8 months, and drafting the report and additional recommendations for the local decision-makers to ensure that UPR recommendations are adequately and timely implemented. This summary, which was the subject of extensive consultations within and outside the Network, was prepared on the basis of the aforementioned reports.

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Macedonia and the Western Balkans Awaiting the 2008 EU Progress Reports: Back to Basics

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

Facing 5 November 2008, when the Commission is to publish the progress reports, Macedonia and the wider Balkan region are considering the options for speeding up the process of accession to the EU. However, the difficulties faced with regards to political reforms, such as lack of political dialogue between the government and opposition decreases the likeliness that Macedonia will start accession talks in the years to come unless there is consolidated reform process that would be tested in the upcoming elections of March 2009.

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Institutionalized Corruption and National Development Crisis in Nigeria

Author(s): Kingsley Nnorom / Language(s): English Publication Year: 0

Globally, corruption has become one of the major threats to development especially in developing societies that lack strong institutions capable of preventing or inhibiting the manifestations of corrupt acts. In Nigeria, corruption has been deeply rooted in virtually all spheres of national life. More worrisome is the degree of rot in many institutions saddled with the duty of combating corruption in Nigeria. The paper argues that the endemic corruption ravaging state institutions in Nigeria is a major threat to national development. We extracted some of the basic propositions of the elite theory as the theoretical guide while utilizing documentary method of data gathering. Its analytical rigour is anchored on qualitative descriptive analysis. It concludes that the elites who manage major state institutions and seem to shoulder the responsibility of anti-corruption fight have remained the major perpetrators of corruption in Nigeria. Hence, ending corruption becomes undeniably not feasible. The paper therefore recommends a paradigm change from the hitherto elitist driven corruption eradication programmes and agencies to more radically independent corrupt institutions that will be capable of penalising all involved in corrupt practices without fear or favour.

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The words matter – bribe or gift?

Author(s): Miloš Fišar / Language(s): English Publication Year: 0

We performed a simplified corruption experiment which was based on experimental design by Lambsdorff & Frank (2011). In a simple ultimatum game two players act as public official and business manager. At first, the game is opened by decision of the manager what framing would be used in the game – he offers a bribe or gives a gift. Public official may then blow a whistle, take opportunistic or reciprocal action. In last stage of the game manager may report behavior of the public official. We carried out the experiment with student applicants and senior students of Public economics at the Faculty of Economics and Administration at Masaryk University in Czech Republic. In this paper we show that the subjects frame the game differently. But behave similarly in their actions (whistleblowing, opportunism, reciprocity).

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Corruption as a Problem of Parallel Redistribution System

Author(s): Tomáš Otáhal ,Petr Wawrosz / Language(s): English Publication Year: 0

We present a model of parallel redistribution system to explain the problem of corruption. Within this model we synthesize both agency theory and rent-seeking. More precisely, we argue that the principal-agent theory has problems accounting for the environment in which the agents offering and accepting corruption operate as well as explaining the importance of the agents for the survival of their environment. The rent-seeking theory, on the other hand, finds it difficult to establish socially effective legislation and ways to determine the barriers to entry that motivate agents to behave corruptly. Both problems, however, are central to solving the problem of corruption.

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Some Aspects Specific to the Investigation of Corruption Acts

Author(s): Nicoleta-Elena Heghes / Language(s): English Publication Year: 0

Corruption can be considered the oldest form of crime that has accompanied the development of human society so far, and probably a long time from here on. The topicality of the approached topic has its roots in the urgent need to combat this dangerous reality by adopting a fair and stable legislation, without the existence of loopholes to encourage criminal perseverance. In this article we will emphasize the need for legal regulation of the facts and acts of corruption both internally and internationally, as well as the presentation of the methods or tactics that can prevent or, as the case may be, combat these antisocial facts if the function of prevention of the law did not produce the expected effects, such as the search, the hearing of the suspects, the accused and the witnesses, the flagrant or the spot investigation. With its sanction, corruption has also become a legal phenomenon, crossing purely social borders and becoming a source of criminal consequences. Thus, corruption becomes a legal fact, regulated by rules that attract the most serious form of liability in case of their violation.

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Institutional Reform and Corruption on Economic Growth of Nigeria

Author(s): Akindele Tolulope T. / Language(s): English Publication Year: 0

The study examined the effect of institutional reform and corruption on economic growth of Nigeria; these were with the view to determining the relationship among institutional reform, corruption and economic growth in Nigeria. Secondary data were used for the study. Data series on corruption index, rule of law and government contract repudiation covering the period from 1985 to 2018 were sourced from the International Country Risk Guide (ICRG) indicators. Data collected were analyzed using tables, graphs, Autoregressive Distributed Lag (ARDL). The ARDL estimates revealed that rule of law and government contract repudiation have a positive effect on economic growth in the long run. On the other hand, the result revealed that corruption has a negative and significant effect on economic growth in the long run. The study concluded that institutional reform and level of corruption are important in determining economic growth in Nigeria.

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False Deeds under Private Signature

Author(s): Adriana Tulus / Language(s): English Publication Year: 0

The crimes under the name of “False Offenses” constitute a well-defined and highly varied category in the vast sphere of facts considered to be dangerous. Any social relationship concerns and is based on a certain reality that the subjects of the relationship have in mind and whose existence therefore implies a mutual good faith and trust on the part of these subjects. Without the duty of respect for the truth and without the feeling of trust that the truth is actually respected, social relations would be possible only with difficult precautions and inevitable risks. Therefore, the criminal law considered that it is necessary that, in order to protect social relations, to ensure the normal formation and development of these relations, to be incriminated the deeds by committing which, altering the truth, creates a serious danger or harm certain social relations. These categories of facts can be determined either on the basis of the special way in which the truth is altered or on the specifics of the social relations reached by the act of altering the truth, or due to the nature of the trust that is given to the truth. These differences obviously appear in the sphere of crimes that involve an alteration of truth. In the group of false crimes, the alteration of the truth is made on some entities (things) which are legally attributed the property of serving as evidence of the truth they express or attest on the occasion of various social relations (coins, stamps, credit titles, seals, marking tools, documents, etc.), and trust is objectively given to the thing which in itself constitutes the proof of the truth.

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Investigation Methods of Corruption Cases

Author(s): Nicoleta-Elena Heghes / Language(s): English Publication Year: 0

The fight against crime is a complex area. We cannot talk about organized crime without talking about corruption offenses, the corruption of police officers, magistrates, civil servants who protect, prevent criminals from various measures that could affect them, which help not to sanction them, aiming to shelter illegal activities committed by them, by the corruption of politicians. Corruption takes place both nationally and internationally, which requires the discovery and sanctioning of the involvement of several jurisdictions, judicial bodies belonging to several states and different laws, transnational corruption being a complex phenomenon and challenging to incriminate and sanction. Due to the complexity of this phenomenon, the investigation of corruption crimes, from a forensic point of view, has special importance. The bodies responsible for combating this scourge must act promptly and with the utmost caution. In order to ensure the correct repression and investigation of corruption offenses, it is necessary to draw special attention to the forensic methodology of investigating acts of corruption.

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“Brain Drain” Migration as A Consequence of Corruption in The Republic of Kosova

Author(s): Adrianit Ibrahimi,Besa Arifi / Language(s): English Publication Year: 0

Over 344.660 people have left Kosovo only during 2008-2018. The average education level of them was higher than of the resident population, resulting in a significant brain drain from Kosovo during the past decade. On the other hand, the struggle against corruption still continues. Therefore,corruption is among the main push factors for brain drain migration from Kosovo. Germany remains the most preferred final destination for Kosovo migrants meanwhile the most damaged sectors from brain drain are the health sector, the IT sector, the construction sector, the social workers, and the craftsman.

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Mejdanske pouke

Author(s): Aleksandar Hemon / Language(s): Bosnian

August 1991. sam proveo u Kijevu. Kad sam tu početkom mjeseca pristigao, Kijev je bio glavni grad Sovjetske Socijalističke Republike Ukrajine, jedne od petnaest republika u tadašnjem Sovjetskom Savezu. Kad sam otišao, Sovjetski Savez se bio izvalio, a Kijev je bio glavni grad nezavisne Ukrajine.

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Fašizam, Rusija i Ukrajina

Author(s): Timothy Snyder / Language(s): Serbian

Protiv režima predsednika Viktora Janukoviča prvo su se pobunili studenti prošlog novembra na Majdanu, centralnom gradskom trguu Kijevu. To su Ukrajinci koji imaju najviše da izgube, mladi ljudi koji sebe bez puno razmišljanja smatraju Evropljanima, koji za sebe žele evropski život u evropskoj ukrajinskoj domovini. Mnogi od njih su levičarskih uverenja, neki od njih su čak i radikalni levičari. Posle godina pregovora i meseci obećanja, ukrajinske vlasti pod predsednikom Janukovičem u poslednjem trenutku odustale su od potpisivanja jednog od glavnih trgovinskih sporazuma sa Evropskom unijom.

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Ledeni dani na Majdanu

Author(s): Saša Ilić / Language(s): Serbian

Sa prozora hotela “Ukrajina”, gde obično odsedaju turisti, pa i pisci koji svojim književnim poslovima stignu u Kijev, pruža se jedinstven pogled na Majdan, odnosno Trg nezavisnosti kojim dominira ogroman prostor. Ne može se lako prepešačiti. Unaokolo su masivne zgrade sa čijih krovova se otvara sadržaj ovog trga kao na dlanu. Upravo taj trg je mesecima poligon demonstrantima koji su se suprotstavili proruskoj politici predsednika Viktora Janukoviča.

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Ruski put

Author(s): Aleksandar Podrabinek / Language(s): Serbian

Sada je i onim najnadmenijim skepticima postalo jasno da spor Rusije i EU u vezi Ukrajine nije spor dva privredna subjekta oko ekonomskih interesa i višemilijardnih dugova ili kredita. Svi oni kojisu tvrdili da izbor evropskog puta Ukrajini neće doneti nikakva osetna preimućstva i finansijske olakšice, trebalo bi sada da stanu u ćošak i da se tamo stide. Suština izbora je ležala i nečem sasvim drugom. Marksistička ideja o srećnom životu koji se meri blagostanjem i stabilnošću, sada je u Ukrajini odgurnuta u zadnji plan. Viktor Janukovič ne samo da se odrekao evropskog puta, nego je izabrao put ruskog autoritarizma.

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Protesti u Ukrajini i Srbija

Author(s): Boris Varga / Language(s): Serbian

Evroentuzijazam. Već više od dve nedelje po većim gradovima Ukrajine traju protesti protiv odluke Vlade da „zamrzne“ potpisivanje Asocijacije sa EU. Kao obrazloženje odustajanja od tog Sporazuma koji menja geopolitičku orijentaciju zemlje, iz zvaničnog Kijeva navodi se ekonomski pritisak od strane Moskve.

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Use of Undercover Investigators and Collaborators in Investigating Corruption Offenses

Author(s): Nadia Zlate / Language(s): English Publication Year: 0

Corruption is a threat to the stability and security of societies, undermining democratic institutions and values, ethical values and justice, and compromising sustainable development and the rule of law. Art. 19 of the United Nations Convention against Corruption, adopted in New York on 31 October 2003, recommends that States parties consider the adoption of legislative and other have been committed intentionally, the act of a public official abusing his functions or position, for example to perform or refrain from performing, in the exercise of his functions, an act in violation of the law, in order to obtain an improper benefit for himself or for another person or entity. The emergence of the legal framework governing the activity of undercover investigators was unanimously determined by the need to fight atypical forms of crime, which carry out their activity in an organized and “hermetic” way, so that the activity of proving criminal acts by normal methods becomes especially difficult, if not impossible. The objectives of using the undercover investigator or the collaborator are to obtain data and information about the criminal activity, to obtain evidence that will be used in the criminal process. In practice, the undercover investigator or collaborator may carry out activities to establish whether the crime of which a person or an organized criminal group is suspected has been committed, is in progress or in the preparatory phase, identification of members of the group of offenders, identification some accomplices, the identification of witnesses, the identification of the places where the goods from the crimes are hidden, the identification of the places where the victims of the crimes are, the specification of propitious moments for carrying out searches or arrests, etc.

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Think Locally - Act Locally! - Results of local self-governments in application of mechanisms for prevention and fight against corruption at the local level in Montenegro - Annual Report -

Author(s): Ana Nenezić,Milka Tadić-Mijović,Željka Ćetković,Marko Sošić / Language(s): English

Corruption is directly impeding rule of law, demolishing moral of society and shattering stability and economic progress of state. Not only it is in contrast with positive legal regulations, it represents also a deviation of fundamental social principles. Therefore, fight against corruption represents a precondition for development of democratic society. Corruption is also one of key challenges that Montenegro is facing, and consequently adequately addressing corruption must be a key task of state administration, including also units of local self-government. According to researches, of both international and national organizations, fight against corruption in Montenegro remains at unsatisfactory level and additional efforts are needed in order to achieve sustainable results in this area. Unlike at national, corruption at the local level has not been recognised for a long time as an issue that must be paid attention to. Precisely lack of efficiency and responsibility at the local level has resulted also in enormous debt of Montenegrin local self-governments, which has at the end of 2016 amounted to 143,091 million EUR, whereby system of responsibility does not exist in practice, and there are rare examples of effective processing of corruption cases at the local level by authorised organs.

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Montenegro - Between reform leader and reform simulacrum

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

Six years since the start of accession negotiations, Montenegro is still a showcase of state capture. In the same manner it has been exhausting domestic democratic public for decades, Montenegrin Government masterfully applies the exhaustion strategy to the process of European integration, abusing the EU’s need for a new integration optimism.

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