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CONVENTION OF THE COUNCIL OF EUROPE

of January 27, 1999

About criminal liability for corruption

Preamble

The state members of the Council of Europe and other states which signed this Convention

considering that the purpose of the Council of Europe consists in achievement of bigger unity between his members,

recognizing importance of strengthening of cooperation with other states which signed this Convention

being convinced of need to pursue in first-priority procedure the general criminal policy directed to protection of society against corruption including adoption of the relevant legislation and preventive measures,

emphasizing that corruption threatens rule of law, democracy and human rights, undermines the principles of proper public administration, equality and social justice, interferes with the competition, complicates economic development and threatens stability of democratic institutes and moral foundations of society,

considering that for effective fight against corruption are required expansion, activation and proper implementation of international cooperation in the criminal and legal sphere,

welcoming recent changes which promoted further expansion of the international understanding and cooperation in the field of fight against corruption, including the measures undertaken by the United Nations, the World Bank, the International Monetary Fund, the World Trade Organization, the Organization of American States, OECD and the European Union

considering the Action program on fight against corruption adopted by Committee of ministers of the Council of Europe in November, 1996 according to recommendations of the 19th Conference of the European Ministers of Justice (Valletta, 1994),

reminding in this regard of importance of participation of the states which are not members of council of Europe in its activities directed to fight against corruption and welcoming their valuable contribution to implementation of the Action program on fight against corruption,

reminding further that in the resolution N 1, adopted by the European Ministers of Justice at the 21st conference (Prague, 1997),

the fastest implementation of the Action program on fight against corruption is recommended and, in particular, the appeal to the fastest adoption of the convention on the criminal liability providing the approved qualification of offenses in the form of corruption as penal acts, to strengthening of cooperation for the purpose of prosecution for making of such offenses, and also creation of the effective mechanism for the acceptance of the subsequent measures open for participation on equal basis of the state members and the states which are not members of council contains

considering that heads of state and government of the Council of Europe during the second summit which was taking place in Strasbourg on October 10 - 11, 1997 made the decision to aim at search of joint efforts in response to the challenges arising in connection with corruption growth and approved the Action plan in which for the purpose of assistance to development of cooperation in fight against corruption, including with the factors connecting it with organized crime and money laundering, it was entrusted to Committee of ministers to provide, in particular, the fastest completion of development of international legal documents according to the Action program on fight against corruption,

in view of also that in the resolution (97) 24 concerning 20 guidelines of fight against corruption which was adopted on November 6, 1997 by Committee of ministers at its 101st session, need quickly is emphasized to complete development of international legal documents in pursuance of the Action program on fight against corruption,

considering acceptance of ministers by Committee at its 102nd session on May 4, 1998 of the resolution (98) 7, in which the partial and expanded agreement on creation of Group of the states against corruption (GRECO) for the purpose of expansion of opportunities of her members in fight against corruption by implementation of observation of accomplishment of their obligations in this area was entrusted to develop,

agreed as follows:

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