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Slovak Republic's Fight Against
Corruption--Excerpts from a Government Report
The Slovak Republic adopted a national program to fight
corruption in June 2000. The program has the following objectives:
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Eliminating opportunities for
corruption. The principal remedy in
this area is access to information. The Free Access to Information Act, in
effect since January 1, 2001, is one of the main pillars of the program. In
principle, this act allows access to any information other than classified
data. It also mandates increasing the transparency of public administration
as a whole; minimizing subjective elements in decisionmaking; removing
unnecessary administrative barriers; enhancing the transparency of public
procurement; and eliminating corruption in state enterprises, mainly by
reducing the government’s influence.
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Increasing the risks of
engaging in corrupt practices. In addition to prevention, corrupt
practices must carry a greater risk. Thus public officials must be required
to submit declarations of their assets. Moreover, investigation methods need
to be considerably strengthened, including the deployment of special agents
to combat corruption. The risk associated with corruption can be increased
through harsher punishment.
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Enhancing public sensitivity
to corruption. The first barrier to corruption, which must be as strong
as possible, is high personal and moral standards. To this end, the public
must incessantly be informed of the harm corruption causes. Detected
corruption cases should be brought to the attention of the public, together
with a computation of the estimated damage. Education should be aimed at
lowering the public’s tolerance of corruption. Enhancing public
sensitivity should start at school in the context of ethics classes.
Nongovernmental organizations and the media should be enlisted to cooperate
in enhancing public awareness.
Some early results of the fight against corruption include the
following:
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Criminalization of
corruption. Corruption was
criminalized under the Criminal Code on April 11, 2001, and the
government approved the imposition of harsher sentences for corruption. The
upper limit of a jail sentence for bribery was increased from one to two
years and for the abuse of office from two to three years.
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Case distribution. A
computer-based system for randomly distributing cases to judges was
introduced at the Banská Bystrica District Court in cooperation with the
Swiss Ministry of Justice. This system speeds up court procedures and
guarantees the observation of the constitutional right to a lawful judge by
preventing the arbitrary assignment of cases. This model will be implemented
at all district courts throughout the Slovak Republic.
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Company register. Regular
operation of the company register started on January 1, 2001, and has helped
create a more transparent business environment. Accelerated procedures, such
as those for processing applications for entering a company in the company
register, are also expected to help curb corruption.
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Ombudsman.
A law that is currently under preparation will regulate the status of the
human rights ombudsman, whose aim is to help people exercise their
constitutionally guaranteed rights and freedoms.
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Act on free access to
information. The right to be informed
helps prevent situations likely to give rise to corruption from
developing, increases the risk of detection, and allows the public to
scrutinize the exercise of public power and the use of public funds. As
mentioned earlier, access to information is open to everybody. Applicants
are not required to give reasons for or to justify why they are requesting
access to information.
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Register of licenses,
concessions, and permits. The aim of
this register is to list licenses and permits issued by central government
agencies to increase transparency and identify potential problem areas.
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Law on lobbying. A
working group has been set up to prepare this law.
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Cadastral authorities. Work
is under way to improve the cadastral authorities, which according to
diagnostic surveys are affected by corruption.
Excerpted from the government’s report on the Fight Against
Corruption in Slovakia, published in October 2001, www.government.gov.sk
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