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III. ABOUT THE THEMATIC STUDY
Criminal prosecution is the key tool for tackling corruption. While preventing corruption has become an
important focus in international and
national policy-making, criminal prosecution remains essential for
curbing corruption. The mere existence of effective criminal law instruments to detect, investigate, prosecute
and adjudicate corruption-related offences serves as powerful deterrent to malfeasance. Inevitability of
criminal sanctions for committed corruption offences is a crucial element of anti-corruption policy for any
country determined to combat corruption.
Many issues related to criminal law responses to corruption have been well studied at the national and
international level. However, there are certain areas that pose problems for policy-makers, law enforcement
practitioners, judges, academics and other stakeholders. By adhering to various international anti-corruption
instruments (e.g.
UN Convention, Council of Europe conventions, OECD Anti-Corruption Convention), the
countries of Eastern Europe and Central Asia have committed themselves to introduce in their law and
practice a number of corruption-related offences and a number of criminal law instruments
that enable to
investigate and prosecute corruption.
The countries in the region have implemented numerous reforms related to the criminalisation of corruption,
but conservative legal traditions and practical difficulties often impede full compliance and effective
enforcement. In many cases, offences introduced in the law are not enforced for various reasons such as the
lack of political will, insufficient guidance and training, and poor resources. In
addition, corruption schemes
are becoming more sophisticated and often involve commission of criminal acts in multiple jurisdictions.
This makes practical enforcement of criminal legislation more challenging for law enforcement and
prosecution agencies.
This thematic study on the confiscation of instrumentalities and proceeds of corruption offences builds on
three studies already published by the ACN: Liability of Legal Persons for Corruption in Eastern Europe and
Central Asia;,
Foreign Bribery Offence and its Enforcement in Eastern
Europe and Central Asia; and,
International Co-operation in Corruption Cases in Eastern Europe and Central Asia.
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The study (1) analyses the state of play in the relevant areas to identify best practices and common problems
(in particular, by using country case studies ) and to develop regional recommendations; and (2) identifies
the capacity building and training needs of law enforcement authorities and the judiciary.
The findings of the study may indicate areas where the expertise and capacity of public officials and
institutions need to be strengthened. Depending on available funds, technical peer-learning seminars may be
organised to provide training to
law enforcement practitioners, judges, policy-makers and to promote the use
of best practices on selected topics.
This study was prepared by Mr. Vitaliy Kasko (OECD consultant, Ukraine) and co-ordinated by Mr. Dmytro
Kotlyar (OECD consultant, OECD/ACN Secretariat). The English version is a translation of the original text
in Russian.
The study is based on the desk research of publicly available materials and information provided by ACN
governments, in particular responses to a questionnaire and follow-up questions.
In order to verify the
information and validate the findings, the draft study was discussed during a meeting of the ACN Law
Enforcement Network held on 25-27 October 2017 in Baku, Azerbaijan. The study was finalised based on
these discussions and also takes into account a further round of comments from ACN countries. The final
study was presented to the ACN Plenary Meeting in July 2018 in Paris and cleared for publication by the
OECD.
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Available at
http://www.oecd.org/corruption/acn/lawenforcement
.