PROCENA RIZIKA ZA NASTANAK KORUPCIJE U PROPISIMA KAO KRITERIJUM USKLAĐENOSTI SA PROPISIMA EU

Abstract

Amendments to the law on the prevention of corruption in accordance with the National Strategy for the fight against corruption and the Action Plan for its implementation, the Agency for the Prevention of Corruption is, in addition to other competences, entrusted with initiating the adoption or amendment of regulations, giving an opinion on the assessment of the risk of corruption on draft laws of particularly risky for the emergence of corruption and opinions on draft laws that regulate issues covered by confirmed international agreements in the field of preventing and fighting corruption. Anti-corruption analysis of legislation represents activities in checking the form or content of proposals or enacted regulations in order to detect or minimize the risk of future corrupt actions that could be facilitated through such norms. This kind of analysis is an ex-ante preventive measure to reduce the risk of future corruption. However, as the analysis of regulations in the elimination of the risk of corruption, in addition to the risk assessment process in draft regulations, also includes the possibility of evaluating those regulations that have been adopted and produce legal effect, in this work we have illustrated through the discussion the claim that the risks of corruption should be sought and eliminated in all laws and by-laws, and not only those that concern the previously identified "especially risky areas", we analyzed the by-laws with a presentation of the risk of corruption based on an ex-post analysis. What emerges as the conclusion of this paper is that the analysis of the risk of corruption in the regulations represents a strong preventive and deterrent mechanism, which, by conducting an adequate risk assessment of the existing but also missing provisions of the regulations, through precisely determined phases and steps, appears as the first obstacle in the defense against adverse risk events, regardless of whether the risk is intentional or not.