ULOGA INSTITUCIJE OMBUDSMANA U BORBI PROTIV KORUPCIJE

Abstract

It has been empirically confirmed that corruption has damaging effects on the stability of political institutions and economic growth undermining democracy and the rule of law. Traditional ombudsman has been seen as one of the institutional options for fighting corruption whereas its role and significance vary in different legal systems. In the countries with strong bureaucratic mentality, where people have higher expectations form this institution, and not without reason, ombudsman has been given a leading role in the anticorruption battle. The advantages of this institution lie in its accessibility and openness, authority and trust. Citizens can easily approach ombudsman with their issues and expect that they will be resolved in a prompt and efficient way, which is not the case with judiciary. The court procedures are rather slow and often inefficient and judges and prosecutors may be affected by judicial corruption and political interference, which is the valid reason for considering the ombudsman to have larger authority than traditionally assigned. Indeed, the ombudsman institution has a broad mandate to investigate the cases of illegal and inadequate work of administration and civil servants. In majority of cases, inadequate work of administration is the result of corrupt activities. In the public administration system, various bodies and agencies are not independent, but are rather under the supervision of the executive branch of power, while ombudsman is an independent institution which makes the citizens believe that their complaints or information will be treated according to law and the principles of equity.