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The present paper wants to analyse the level of corruption in Romania and Moldova, the legal framework for civil liability, and the institutions responsible for preventing and combating corruption. Even if the respective countries differ in their form of government, international status, level of development, the fact that Romania is a member of UE, number of populations, and territory, it is known the fact that the Moldova legislation has changed in recent years, especially as concerning anticorruption; many measures are inspired by Romanian and European legislation. Nobody has yet found a solution of guaranteed efficacy for the reduction and, ultimately, elimination of corruption in a society. With regards to the phenomenon of corruption, it is a truth accepted unanimously, according to which criminal prosecution, and disciplinary sanction against corrupted individuals can eliminate the offender, but cannot eradicate corruption. Consequently, corruption control can be implemented efficiently through society’s economic, political and moral recovery. Thus, we follow the similarities and differences between the two countries using a case study, and research at different international and regional organizations, to reach the conclusion referring to anticorruption measures and the way of civil liability in the two mentioned states.

The requirement that public officials declare their income and assets can help deter the use of public office for private gain. Income and asset disclosure (IAD) systems can provide a means to detect and manage potential conflicts of interest, and can assist in the prevention, detection, and prosecution of illicit enrichment by public officials. Growing attention to anticorruption policies, institutions, and practices has led to increased interest in financial disclosure systems and the role they can play in supporting national anticorruption strategies and in helping to instill an expectation of ethical conduct for individuals in public office. IAD systems are also a key element in the implementation and enforcement of provisions of the United Nations Convention against Corruption and other international anticorruption agreements. This attention has sparked interest among policy makers and practitioners in the design features and implementation practices that make for effective financial disclosure administration. The case studies collected in this volume are intended to profile a range of systems and practices to help respond to this growing interest.

The intensification of the challenges, threats and risks of the global financial and economic system and the unreadiness of national economies to resist their destabilizing effects lead to the formation of a new paradigm of the world economic order, an integral component of which is corruption. The spread of corruption in the global dimension intensifies the disparities in the structure of socio-economic systems and creates obstacles to the legal and socio-political system of the country, as this destructive phenomenon penetrates not only the public sector but also the economy, politics and society, and it significantly affects the quality of life of the population, which is manifested in the enrichment of a small proportion and the impoverishment of the majority of the population. The article defines the essence of corruption substantiates the relationship between corruption and the quality of life of the population. The economic and legal analysis of normative and legal support of counteracting corruption in the countries of the European Union and in Ukraine is carried out. A study of the dynamics of the Corruption Perceptions Index and the Quality of Life Index in the countries of the European Union and Ukraine during 2018-2021 is conducted. Based on multifactor (cluster) analysis using the k-means method, the grouping of the countries of the European Union and Ukraine by the Corruption Perceptions Index and the Quality of Life Index is carried out, which allowed to distinguish three groups among the countries of the European Union: (1) highly developed countries, which have a high quality of life and low levels of corruption; (2) highly developed countries which provide high quality of life, but corruption is high enough; (3) countries with a high level of corruption and a relatively low level of quality of life, including Ukraine. In order to ensure effective counteraction to corruption, the main measures to combat this destructive phenomenon have been proposed, the implementation of which requires the improvement of current legislation and its harmonization with international regulations.

Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US

Abstract On February 2, 2016, the Congress of Colombia passed the Transnational Corruption Act (\"TCA\") in an effort to fight international corruption like the Foreign Corruption Practices Act (\"FCPA\") does in U.S. This paper explains why TCA and FCPA define different legal standards for corporate liability. It also explains how these differences increase economic costs for legal entities doing business in Colombia and U.S. Against this backdrop, this paper suggests the implementation of one universal set of anti-corruption rules. However, based on the unlikeliness of achieving such an international consensus, it also suggests that law enforcement agencies enforce anti-bribery statutes such as the TCA and FCPA under certain rebuttable presumptions. Resumen El 2 de febrero de 2016, el Congreso de Colombia aprobó la ley sobre corrupción transnacional (\"TCA\"), un esfuerzo local por combatir la corrupción internacional como lo es la Foreign Corruption Practices Act (FCPA) en Estados Unidos. Este artículo explica por qué TCA y FCPA definen estándares legales diferentes para la responsabilidad corporativa. También explica por qué estas diferencias incrementan los costos económicos para las entidades legales con negocios en Colombia y EE.UU. En ese contexto, este artículo sugiere la implementación de un cuerpo universal de reglas anticorrupción. Sin embargo, con base en las pocas probabilidades de obtener un consenso internacional de este tipo, también sugiere que las agencias encargadas apliquen leyes anticorrupción como lo son TCA y FCPA bajo ciertas presunciones rebatibles.

Objective: to improve the legal regulation of material incentives for anti-corruption whistleblowing in the Russian Federation as an effective tool for counteracting the said negative social phenomenon.Methods: the methodological basis of the research is the dialectical method of cognition and general (historical, logical, systemic) and specific (grouping, analysis, synthesis, comparison, interpretation, etc.) scientific methods based on it. Results: based on the comparative-legal study of departmental, regional and municipal regulatory legal acts regulating the issues of material stimulation of the anti-corruption whistleblowing in Russia, the author describes the state of legal regulation of the said institution for combating corruption: reasons and specifics; subjects and objects of anti-corruption incentives for whistleblowing; features of applying one-time reward for it. Based on the conducted research, it can be argued that the legal regulation of stimulating anti-corruption whistleblowing has a number of significant contradictions that need to be coordinated and eliminated. The author argues that it is necessary to develop a unified approach to such regulation, to systematize the regulatory legal acts, and when implementing a one-time material incentive for anti-corruption whistleblowing - to apply differentiated and individual approach based on proportionality principle.Scientific novelty: for the first time in Russian legal science, the institution of anti-corruption whistleblowing is described as a form of approved anti-corruption behavior and a self-contained institution for combating corruption; measures to improve its legal regulation are proposed.Practical significance: it is proposed to improve the rules governing the use of the anti-corruption whistleblowing institution in order to more effectively combat corruption in the modern Russian society.

The purpose of this paper is to provide a critical review of case law from Mauritius courts regarding the correct interpretation of section 49 of the Prevention of Corruption Act 2002 (POCA 2002) as applies to the protection of witnesses in criminal litigation. The scope, meaning and application have been, to date, subject to a certain degree of imprecision and inaccuracy, leading to the wrong understanding and application of the legal provision on the protection of witnesses under the POCA 2002. An attempt was made to clarify the scope of section 49 through three questions: (1) Does section 49 provide for a blanket immunity for an offender who becomes a witness? (2) Does it apply to informers also? (3) Is it applicable even if the disclosure was made to a person other than the board member or officer of the Independent Commission Against Corruption (ICAC)? It was found that so far, these aspects of section 49 were being wrongly applied. Section 49 does not provide for blanket immunity, applies to informers also, and the authority to which the disclosure has to be made is not restricted. This article employs the doctrinal legal research methodology, which is colloquially described as 'black-letter law' approach. It is backed up by a contextual legal analysis that is based on an analysis of relevant legal provisions. This evaluation draws heavily on legal precedents from the Supreme Court and other Mauritius judicial bodies. It is premised on these court precedents' finality, authority, and influence on the legislature to take into consideration any required amendments that the judiciary might directly or indirectly suggest.

PurposeThe purpose of this paper is to explain Singapore’s success in combating corruption and to identify the lessons for policy makers concerned with enhancing the anti-corruption measures in their countries.Design/methodology/approachThe paper provides a brief literature review and analysis of Singapore’s policy context before explaining Singapore’s success in combating corruption and identifying the lessons for policy makers to enhance the effectiveness of the anti-corruption measures in their countries.FindingsSingapore’s success in combating corruption can be attributed to the political will of the People’s Action Party government and the effectiveness of the Corrupt Practices Investigation Bureau in investigating all corruption cases and enforcing the anti-corruption laws impartially, without fear or favour. Extrapolating from Singapore’s success, policy makers in other countries can learn these lessons: the critical importance of political will; addressing the causes of corruption and learning from past mistakes; establishing and supporting an independent anti-corruption agency with adequate resources; enforcing the anti-corruption laws impartially but not selectively against the government’s political opponents; and combating corruption is a marathon requiring perseverance and sustained effort.Originality/valueScholars, policy makers and anti-corruption practitioners will be interested in learning how Singapore has succeeded in combating corruption as well as the relevant lessons for policy makers.

The article analyzes the legislation such countries as Ukraine, the Russian Federation (hereafter - RF) and the Republic of Belarus, norms of which provide a system of measures to combat corruption as well as responsibility for such kind of offences. Moreover the article considers such burning question as counteraction of such kinds of offences and also different legislative approaches on the definition of 'corruption' in the countries mentioned above. We consider the criminal-legal norms as provided in the Criminal Code of Ukraine, establishing the responsibility for obtaining of unlawful benefit by the officials. We study the provisions of the current legislation of Ukraine aimed at prevention of corruption in the society. The special attention is given to the concepts of 'illegal benefit' and 'bribe', the key differences of these terms are defined. Also an attention is paid to the terms 'officials' and 'law enforcement officials'. This article also discusses some features of committing crimes by the officials of the banking institutions. It is noted that the committing of such crimes is the problem promoting the destabilization of the banking system. The underlying mechanisms and the high latency of these crimes, being made mostly by organized criminal groups, entail negative consequences for the economy of each individual country and in general all over the world. It should also be noted that the basic principles and methods of dealing with corruption offences were identified in the work as well as a vector of legal regulation of every particular state in the defined area which is the basis of their anti-corruption policy. Furthermore comparative analysis of the administrative and criminal offences, which relate to corruption in RF, Ukraine and Belarus, was carried out. As a result of carrying out the analysis it became obvious that availability of uniform system of corruption offences classification for RF, Ukraine and Belarus is not significant and the legislation of each of the investigated countries provides differentiated approaches in understanding this question. Also we shall note, that not each of the designated states makes exhaustive list of offences that refer to corruption that undoubtedly complicates studying an actual condition of corruption in the country. A great share of attention in the article was paid to the studying of types and volumes of penalties for corruption acts. It was conducted a comparative characteristics of species and rigidity of penalty for corruption offences. As a conclusion of the study common and distinctive features of the anti-corruption legislation in Ukraine, RF and Belarus were highlighted. The conclusions are made that researched issues not lose its relevance because of periodic committing of corruption offences by the officials of law enforcement agencies and banking institutions.

Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a \"victimless crime.\" This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC, the global standard for the fight against corruption, does not contain a legal definition of corruption itself but lists an array of offences, including public and private sector bribery and the embezzlement of public and private sector funds. The study will mainly focus on these two types of corruption, namely bribery and embezzlement of funds. This study is not intended in any way to minimize the importance of criminal proceedings and confiscation in addressing acts of corruption. Rather, it will show that civil law remedies can effectively complement criminal penalties by attacking the economic base of corrupt activities both in the public and the private sectors. In fact, given the magnitude of the challenges, all avenues of asset recovery, be they criminal or civil, should be explored simultaneously in order to tackle corruption from each and every angle and achieve the goals of deterrence and enforcement. Hence, while criminal law expresses society's disapproval of the corrupt acts and aims at dissuasion, punishment, and confiscation of illicit proceeds, civil law focuses on victims' interests and aims at compensation and restitution. These procedures may occur sometimes in parallel, sometimes sequentially. An effective response to corruption very often requires concomitant use of both criminal and civil law remedies to achieve the desired result.