Ratification of the United Nations ConventionRatification of the United Nations Conventionagainst Corruption in Lithuaniaagainst Corruption in Lithuania

A Review of the Compliance of the A Review of the Compliance of the Lithuanian Legal and Institutional Lithuanian Legal and Institutional

Framework Against CorruptionFramework Against Corruption

Regional Community of Practice meeting Bratislava, 15-16 October 2007Regional Community of Practice meeting Bratislava, 15-16 October 2007

UNDP Lithuania project “Facilitation of the UNDP Lithuania project “Facilitation of the Ratification of the UN Convention against Ratification of the UN Convention against

Corruption”Corruption”

Project initiated in 2005, carried out in 2006Project initiated in 2005, carried out in 2006 Objective – to support country efforts aimed at Objective – to support country efforts aimed at

ratification of the UNCAC through review of ratification of the UNCAC through review of national legislative and institutional framework in national legislative and institutional framework in light of its compliance to UNCAC.light of its compliance to UNCAC.

Financed by UNDP and private sector (Statoil & Financed by UNDP and private sector (Statoil & Constructus)Constructus)

Partners: TI Lit Chapter, Special Investigation Partners: TI Lit Chapter, Special Investigation ServiceService

Review backgroundReview background

Lithuania has in place independent specialized Lithuania has in place independent specialized anti-corruption bodiesanti-corruption bodies

Anti-corruption strategic policy document Anti-corruption strategic policy document elaboratedelaborated

Many aspects of the Lithuanian system lauded as Many aspects of the Lithuanian system lauded as examples of good practiceexamples of good practice

UNCAC signed on Dec 10, 2003 UNCAC signed on Dec 10, 2003 (ratified on (ratified on December 5, 2006) December 5, 2006)

Review backgroundReview background

Reforms being intense during accession to EU, Reforms being intense during accession to EU, stalled after joining EUstalled after joining EU

CPI index 4.8 remains paralyzed for past three yearsCPI index 4.8 remains paralyzed for past three years Different corruption surveys reveal most corrupt Different corruption surveys reveal most corrupt

areas:areas: Health sectorHealth sector Police (including traffic police)Police (including traffic police) CourtsCourts Parliament, Government, Municipalities (public Parliament, Government, Municipalities (public

procurement, land regulation and management, procurement, land regulation and management, construction permits)construction permits)

Political parties (financing of)Political parties (financing of) MediaMedia

OpinionOpinion: : most corrupt institutions in Lithuaniamost corrupt institutions in Lithuania ( (Map of corruption Map of corruption 2005)2005)

Note: According to their opinion, respondents were asked to identify most corrupt institutions in Lithuania

Citizens (#1009) Heads of private companies (#519)

6 6Health care institutions, med personnel 58.2%

Police 47.3%

Parliament 37.6%

Courts 36.0%

Government Office 24.2%

Municipalities 21.5%

Customs 14.0%

President’s Office 13.4%

Political parties, politicians 12.8%

Land management units 11.3%

Justice system 10.0%

Civil servants 6.6%

Educational institutions 6.5%

Education system 4.8%

Business 4.6%

Mass media 2.6%

Prosecutor’s Office 2.6%

State tax inspection 2.5%

Other 26.0%

Police 38.3%

Courts 34.6%

Health care institutions, med personnel 33.5%

Municipalities 31.3%

Parliament 29.7%

Government Office 23.6%

State Privatization Office 16.8%

President’s Office 16.6%

Customs 14.3%

Land management units 12.9%

Political parties, politicians 12.2%

Justice system 11.3%

Mass media 5.7%

Civil servants 5.7%

All ministries 4.9%

Education system 4.0%

State tax inspection 3.9%

Environment protection 3.7%

Other 37.9%

In your opinion, how corrupt do you consider these public institutions?

Corruption in certain public institutions Data taken from Survey on Media Corruption, 2007 (#502, Heads and representatives of different private organizations)

Review methodologyReview methodology

Report is based on:Report is based on: Review of relevant national legislationReview of relevant national legislation Publicly available reports (GRECO, OECD, TI, EC, Publicly available reports (GRECO, OECD, TI, EC,

UNDP)UNDP) Formal and informal meetings with Formal and informal meetings with

representatives of national institutions representatives of national institutions (Special (Special Investigation Service, Ministry of Justice, Prosecutor’s Investigation Service, Ministry of Justice, Prosecutor’s Office, District and Appeal Courts, State Tax Inspectorate, Office, District and Appeal Courts, State Tax Inspectorate, Public Procurement Agency),Public Procurement Agency), NGOs NGOs (TI Lit Ch, Free Market (TI Lit Ch, Free Market Institute, Human Rights Monitoring Institute, Civil Society Institute, Human Rights Monitoring Institute, Civil Society Institute)Institute)

Review StructureReview Structure

Section 1: Overview of Lithuanian anti-corruption Section 1: Overview of Lithuanian anti-corruption legislative and institutional frameworklegislative and institutional framework

(a) Key elements of legislative framework(a) Key elements of legislative framework

(b) Key elements of operational framework(b) Key elements of operational framework

(c) Key elements of institutional framework(c) Key elements of institutional framework

(d) Suppression of corruption(d) Suppression of corruption

(e) Prevention of corruption(e) Prevention of corruption

Review StructureReview Structure

Section 2: Analysis of the compliance of the legal Section 2: Analysis of the compliance of the legal framework in view of the provisions of the UNCACframework in view of the provisions of the UNCAC

(a) Preventive measure (UNCAC Chapter II)(a) Preventive measure (UNCAC Chapter II)

(b) Criminalization and law enforcement (UNCAC (b) Criminalization and law enforcement (UNCAC Chapter III)Chapter III)

(c) International cooperation (UNCAC Chapter IV)(c) International cooperation (UNCAC Chapter IV)

(d) Assets recovery (UNCAC Chapter V)(d) Assets recovery (UNCAC Chapter V)

Review StructureReview Structure

Section 3. Procedural and institutional issues in the Section 3. Procedural and institutional issues in the application of anti-corruption legislation and application of anti-corruption legislation and policiespolicies

(a) Implementation of the National Anti-corruption (a) Implementation of the National Anti-corruption ProgrammeProgramme

(b) Specialized anti-corruption bodies, their mandate, (b) Specialized anti-corruption bodies, their mandate, capacities and accountabilitycapacities and accountability

(c) Procedural issues related to investigation and (c) Procedural issues related to investigation and prosecutionprosecution

(d) Cooperation among national authorities(d) Cooperation among national authorities

Section 4. ConclusionsSection 4. Conclusions

Gaps and weaknesses that require further attentionGaps and weaknesses that require further attention:: Strengthening criminal legislationStrengthening criminal legislation (definition of nature of bribe, (definition of nature of bribe,

passive bribery, trade in influence, etc.) passive bribery, trade in influence, etc.) Strengthening the framework to facilitate reporting of Strengthening the framework to facilitate reporting of

corruption and protection of collaborators of justicecorruption and protection of collaborators of justice ( (legislation legislation on whistleblowers, incentives for collaboration with justice, etc.)on whistleblowers, incentives for collaboration with justice, etc.)

Proceeds of crimeProceeds of crime ((criminalising illicit enrichment, adopt a at least a criminalising illicit enrichment, adopt a at least a partial reversal burden, streamlining regulations on handling of frozen, partial reversal burden, streamlining regulations on handling of frozen, seized and confiscated assets, etc.seized and confiscated assets, etc.))

Procedural issuesProcedural issues ( (streamlining internal procedures for the streamlining internal procedures for the application of special investigative means, etc.)application of special investigative means, etc.)

Section 4. ConclusionsSection 4. Conclusions

Strengthening institutional cooperation and exchange Strengthening institutional cooperation and exchange of information in investigation as well as in the of information in investigation as well as in the implementation of the NACPimplementation of the NACP

Strengthening ethics in the public sectorStrengthening ethics in the public sector ((Code of Code of Conduct for politicians and high-level state officials, remove the Conduct for politicians and high-level state officials, remove the provision of the Civil Code legalising the practice of accepting gifts provision of the Civil Code legalising the practice of accepting gifts in health and social care systemin health and social care system , etc. , etc.))

Good governance measuresGood governance measures (streamline burdensome (streamline burdensome regulations on licensing, construction and land regulation regulations on licensing, construction and land regulation proceduresprocedures))

Strengthening institutional capacitiesStrengthening institutional capacities ((strengthen the strengthen the COEC, as well as preventive and in particular the education and COEC, as well as preventive and in particular the education and public outreach sections of the SISpublic outreach sections of the SIS))

Section 4. ConclusionsSection 4. Conclusions

Strengthening accountability of specialised institutions Strengthening accountability of specialised institutions towards and cooperation with the civil society and in towards and cooperation with the civil society and in particular with the private sectorparticular with the private sector

Ensuring that dual criminality requirement in respect Ensuring that dual criminality requirement in respect of (passive) bribery of foreign and international does of (passive) bribery of foreign and international does not preclude extradition or hinder international not preclude extradition or hinder international cooperationcooperation

Institutionalize involvement of the private sector in the Institutionalize involvement of the private sector in the elaboration of policies and legislationelaboration of policies and legislation

““So what? or What’s next?”So what? or What’s next?”

Government Office on one side and NGOs and private Government Office on one side and NGOs and private sector one other side are blaming each other for being sector one other side are blaming each other for being passive passive

Government claims National anti-corruption strategy and Government claims National anti-corruption strategy and action plan are being revisedaction plan are being revised

Government institutions requested to make risk self-Government institutions requested to make risk self-analysis with an aim to identify gaps in combating analysis with an aim to identify gaps in combating corruptioncorruption

Government Office developed (?) methodology for such Government Office developed (?) methodology for such analysisanalysis

Special Investigation Service still responsible for external Special Investigation Service still responsible for external assessmentassessment