It is registered
Ministry of Justice
Republic of Tajikistan
On September 5, 2013 No. 145
of August 30, 2013 No. 1504
About Strategy for anti-corruption in the Republic of Tajikistan for 2013-2020
According to article 69 of the Constitution of the Republic of Tajikistan and for the purpose of strengthening of anti-corruption I decide:
1. Approve Strategy for anti-corruption in the Republic of Tajikistan for 2013-2020 it (is applied).
2. To the government of the Republic of Tajikistan:
- take adequate measures on strategy implementation on anti-corruption in the Republic of Tajikistan for 2013-2020;
- bring the decisions into accord with this Strategy.
3. To the ministries to departments. to local executive bodies of the government, other state bodies, local government bodies of settlements and villages:
- for ensuring execution of the measures provided in the Actions plan of Strategy for anti-corruption in the Republic of Tajikistan for 2013-2020 to constitute and approve biennial interdepartmental plans, to carry out explanatory works on awareness by the public of essence and the purposes of this medium-term program document;
- provide information on accomplishment of the Actions plan of Strategy for anti-corruption in the Republic of Tajikistan for 2013-2020 following the results of every year in National council on anti-corruption of the Republic of Tajikistan.
4. To agency on the state financial control and fight against corruption of the Republic of Tajikistan each two years to carry out complex monitoring of general condition of execution of Strategy for anti-corruption in the Republic of Tajikistan for 2013-2020 and about results to provide information to the President of the Republic of Tajikistan.
5. Recognize invalid the following presidential decrees of the Republic of Tajikistan:
- of July 21, 1999, No. 1262 "About additional measures for strengthening of fight against crime in the field of economy and corruption (bribery)";
6. To impose control of strategy implementation on anti-corruption in the Republic of Tajikistan for 2013-2020 on National council on anti-corruption of the Republic of Tajikistan.
President of the Republic of Tajikistan
Approved by the Presidential decree of the Republic of Tajikistan of August 30, 2013 No. 1504
1. Anti-corruption is component of domestic and foreign policy of the Republic of Tajikistan which development and implementation begins with the highest political will of management of the state. Efficiency of anti-corruption depends on active participation of all branches of the government and civil society in the course of its implementation.
2. The concept anti-corruption covers activities of all public authorities for identification, the prevention and elimination of the reasons and conditions promoting emergence of corruption situations, identification and fight against corruption offenses and crimes, elimination of their negative effects, providing the rights and freedoms, increase in level of living of citizens, development of economy and safety of the country.
3. Corruption, being one of the dangerous phenomena of society, it is on a global scale acknowledged as serious crime and one of the menacing elements of homeland security of the states, will prevent its social and economic development and stability.
4. In view of daily occurrence and importance of case in point, the Republic of Tajikistan became the active participant of world process of anti-corruption and in national and international scale took the adequate organization-legal measures.
5. At the international level one of the main and important legal acts is signing by the Republic of Tajikistan on September 25, 2006 of the Convention of the United Nations against corruption.
6. For the purpose of the organization of fight against corruption and undertaking of necessary measures the complex of regulatory legal acts at the national level was accepted and the national legal doctrine in this sphere is created.
7. Including, the Presidential decree of the Republic of Tajikistan of July 21, 1999, No. 1262 "O additional measures for strengthening of fight against crime in the field of economy and corruption (bribery)" and the Law of the Republic of Tajikistan of December 10, 1999, No. 11 "About fight against corruption" are accepted, after July 25, 2005 this Law was adopted in the new edition taking into account the international obligations of the Republic of Tajikistan.
8. Also for the purpose of accomplishment of the international obligations and reforms of public administration, forming of transparent system of activities of governing bodies, economy and effective use of budgetary funds and ensuring sustainable economic, social and cultural development of the Republic of Tajikistan with the Presidential decree of the Republic of Tajikistan of January 10, 2007 No. 143 founded Agency on the state financial control and fight against corruption of the Republic of Tajikistan (further - the Agency).
9. For regulation of activities of the Agency and determination of competence of offenses and crimes of corruption nature the Law of the Republic of Tajikistan "About Agency on the state financial control and fight against corruption of the Republic of Tajikistan" and the order of the Government of the Republic of Tajikistan of September 7, 2007 on March 20, 2008 was adopted, No. 414 approves "The instruction of the statistical recording of crimes of corruption nature and the list of these legal acts of crimes", in a row industry legal acts for the purpose of their reduction corresponding changes and additions are made to compliance with regulatory legal acts of the sphere of fight against corruption of oyla.
10. For the purpose of acceptance of complex organizational, social and economic measures of coordination of activities of state bodies and participation of civil society in the course of fight against corruption the order of the Government of the Republic of Tajikistan of January 26, 2008, No. 34 approved the Strategy of fight against corruption in the Republic of Tajikistan for 2008-2012.
11. This Strategy as the important state document laid strong basis for strengthening of fight and to the prevention of corruption crimes, in its framework the main questions in the direction of fight against corruption taking into account the conclusions of social researches, experience of law enforcement agencies of other states and statistic analysis of condition of corruption for the passable period in the country found the solution.
12. Within the called Strategy in the corresponding regulatory legal acts questions of efficiency of fight against corruption and timely excitement and conducting inquiry and investigation of cases on corruption crimes, competence of administrative offenses of corruption nature, the mechanism of proper management and ensuring transparency found the regulation in activities of state bodies, financial accounting and the financial reporting, implementation in the electronic way and by means of banks of fee of state bodies and organizations, other measures provided in Strategy.
13. Besides, adoption of the laws of the Republic of Tajikistan of March 20, 2008, No. 374 "About Agency on the state financial control and fight against corruption of the Republic of Tajikistan", of July 21, 2010, No. 626 "About financial management and internal control in public sector", of July 21, 2010, No. 631 "About internal audit in public sector", of December 29, 2010, No. 644 "About the state protection of participants of criminal trial, of March 25, 2011, No. 684 "About counteraction of legalization (washing) of the income learned in the criminal way and to terrorism financing" from March 25, 2011, No. 687 "About operational search activities", of March 25, 2011, No. 702 "About financial accounting and the financial reporting", of June 28, 2011, No. 720 "About procedure and conditions of detention of suspects, persons accused and defendants", of June 28, 2011, No. 721 "About safety", of June 28, 2011, No. 723 "About public finances of the Republic of Tajikistan", of June 28, 2011, No. 749 "About Audit Chamber of the Republic of Tajikistan", of August 2, 2011, No. 751 "About authorization system", of April 16, 2012, No. 828 "About system of state bodies of the Republic of Tajikistan", of August 1, 2012, No. 895 "About training of specialists taking into account work market requirements", of December 28, 2012, No. 925 "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" is also the requirement of this Strategy.
15. For the purpose of the organization and implementation of complex measures of prevention and anti-corruption in the Republic of Tajikistan, elimination of the reasons and conditions promoting corruption and broad involvement of civil society in fight against corruption by the Presidential decree of the Republic of Tajikistan of December 14, 2010, No. 968 was founded and enacted National council on anti-corruption of the Republic of Tajikistan as national advisory body on coordination of activities of state bodies and involvement of civil society on implementation of measures of prevention and anti-corruption, and laid the beginning for realization of number of effective actions at the national level.
16. According to Item 48 of the Actions plan on accomplishment of the tasks specified in the President's letter of the Republic of Tajikistan the Majlisi Oli of the Republic of Tajikistan of April 26, 2013 approved by the order of the Government of the Republic of Tajikistan of May 7, 2013, No. 226, and also taking into account the end of realization of the specified Strategy and objective need of continuation of activities for this direction, also strengthenings of consecutive actions in this direction Strategy of anti-corruption in the Republic of Tajikistan for 2013-2020 is developed.
17. The strategy of anti-corruption in the Republic of Tajikistan for 2013-2020 (further - Strategy) as the perspective program medium-term act of policy of the Republic of Tajikistan in the field of anti-corruption directed to decrease in intensity and level of corruption in the country taking into account international standards is developed in interaction between state bodies and civil society and will be performed in cooperation with the influential world and regional organizations.
18. The purpose and purpose of this Strategy are directed to decrease in level of corruption in the Republic of Tajikistan, regular removal of obstacles, creation of conditions for development of economy, development of democratic values, population growth in prosperity.
19. In implementation process of requirements of Strategy the following purposes will be performed:
- direct assistance in implementation National strategists and developments;
- step-by-step enhancement of anti-corruption policy;
- ensuring development of economic and social spheres and political stability;
- the organization and ensuring effective management in state bodies and different spheres of public life;
- the organization and implementation of electronic control in all spheres of economic and social life within the Concept of forming of the electronic government in the Republic of Tajikistan;
- enforcement of trust of the people to the state, ensuring broad participation of society in public administration;
- increase in trust of citizens to activities of government institutions.
20. For goal achievement of Strategy the following tasks will be consistently performed:
- enhancement legal and institutional bases according to the prevention, identification and suppression of corruption offenses, optimization of forms, methods, means of anti-corruption;
- ensuring execution of regulatory legal acts and program documents in the field of anti-corruption, creation of the conditions promoting elimination of emergence of corruption situations;
- expansion and enhancing international cooperation of Tajikistan in the field of anti-corruption;
- interaction with structures of civil society;
- ensuring accomplishment by members of society of regulations of anti-corruption behavior, including application in necessary cases of enforcement measures according to the current legislation;
- the correct management of financial turnover, commercial transactions, investments, the strengthened state public control of this process, creation of all favorable and preferential terms for receipt to Tajikistan investments and assets, the modern equipment and technologies at the expense of different sources of financing.
21. The basic principles of implementation of Strategy are:
- rule of law, equality of all before the law, democratization;
- ensuring protection of constitutional rights, freedoms and legitimate interests of man and citizen, and also interests of the state from corruption;
- creation of favorable conditions by the state for elimination of all soils of factor of emergence of corruption situations;
- respectability, transparency and accountability of activities of legislative, executive and judicial authorities;
- corruption recognition as one of system safety hazards of the Republic of Tajikistan, and also obstacle of development of economy of the state;
- freedom of expression;
- cooperation (partnership) of the state and private sector on purpose "removal of business from shadow economy", with civil society, including the non-state organizations and public associations;
- continuity and reality - decrease in level of corruption by means of implementation of the systematic measures which are regularly updated taking into account real situation, aimed at achievement of specific results;
- ensuring execution of the actions directed against corruption by means of establishment of realistic priorities and terms of their execution, their efficiency;
- carrying out criteria of estimates of condition of accomplishment and results of implementation of Strategy taking into account results;
- sequence and coordination of efforts and availability of permanent monitoring of the current situation;
- simplification of procedural procedure for investigation of corruption and establishment of penalties in the amount of, pro rata to the size (illegal enrichment) or financial damage and confiscation of property as main type of criminal penalty;
- transparent and close cooperation of public authorities with civil society and the international organizations in the course of Strategy implementation.
22. The package of measures, provided in Strategy, is based on the principles and regulations of the national legal system, international law, the analysis of condition of crime and its forecast, results of scientific and practical researches of anti-corruption, including, experience of the collateral actions provided by the international experts, representatives of state bodies and civil society.
23. Terms of strategy implementation and the Plan of its actions are provided for 2013-2020.
24. Sources of financing of measures of Strategy and their specific action include means republican and local budgets, resources of partners - the international organizations, the donor countries, and also the organization of civil society and private sector.
25. The anti-corruption national policy will be performed in the following main directions:
- increase in efficiency of activities of the central and local authorities of the government, self-government institutions of settlements and villages by means of development, regular enhancement and implementation of departmental anti-corruption programs in the field of the activities;
- implementation in activities of public authorities of the innovative technologies providing objectivity and transparency in case of acceptance of regulatory legal acts and management decisions, access of rendering the state services, and also implementation of interdepartmental electronic interaction of the specified bodies and their interaction with citizens and the organizations within the electronic government;
- implementation of provisions of the international legal acts recognized by Tajikistan and other international obligations including within participation of authorized representatives of Tajikistan in regional anti-corruption initiatives, in the form of monitoring and rating recommendations, by law-making and conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of the Republic of Tajikistan;
- criminalization of mandatory and optional requirements of the Convention of the UN against corruption with prediscretion of the main aspects of this direction as law-making measures in Strategy;
- development of the mechanism of execution of requirements of the provisions of the law of the Republic of Tajikistan "About fight against corruption" on system of the prevention of corruption, enhancement of this system in the called Law;
- enhancement of system of the state financial control and audit behind reasonable expenditure of budgetary funds;
- industry risk analysis of corruption in state bodies and organizations;
- enhancement of conditions, procedures and mechanisms of public procurements, including by expansion of practice of running public online auctions, and also enhancement of the corresponding procedures;
- increase in the importance of administrative and departmental authorities on observance of requirements to office behavior of government employees and settlement of conflicting interests of public service;
- expansion of system of legal education of the population:
- enhancement of work of divisions of personnel services and internal audit of public authorities and establishment of responsibility and criteria of indicators of effectiveness of their office activities for prevention of corruption and administrative offenses;
- periodic complex research of condition of corruption and efficiency of measures for the prevention and fight against corruption at the republican and regional levels with use of ad hoc methods of investigation and technical assistance;
- review of the civil and economic procedural legislation;
- increase in performance excellence of judgments:
- development of the organizational and legal basis of monitoring of law enforcement for the purpose of ensuring timely acceptance of the corresponding regulatory legal acts;
- enhancement of organizational and methodical bases of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts, establishment of consideration of positive results of its conclusions in percentage ratio as indicator of results of activities of law-making bodies;
- effective and target application of the restrictions, prohibitions and obligations established in regulatory legal acts for the purpose of the prevention of corruption concerning persons replacing the state positions including the highest state officials;
- improvement of quality of professional training of specialists in the field of the organization of the prevention and direct fight against corruption;
- enhancement of system of financial accounting and the reporting according to requirements of international standards;
- increase in efficiency of participation of Tajikistan in the international anti-corruption legal cooperation, including development of organizational bases of regional anti-corruption initiatives, experience exchange with other states in training process of specialists by the organization by it of training, research of the reasons and effects of corruption during training, participation in seminars, conferences and round tables;
- elimination of any corruptogenic factors interfering creating favorable conditions for investment attraction;
- studying and implementation in practice of the best foreign practices on anti-corruption;
- ensuring participation of institutes of civil society, private sector and the international organizations in anti-corruption.
26. Criminalization from the scientific point of view it not only fixing in the law of new signs of crime components, but also increase in upper limits of sanctions within the existing structures, and also application of restrictions at institutes of release from criminal liability and punishments.
27. Criminalization can be considered in two aspects as process and as result. Process of criminalization represents identification of socially dangerous forms of human behavior and recognition of admissibility and feasibility of criminal and legal fight against them. Emergence of new regulations in the penal legislation is result of criminalization.
28. In the sector of corruption criminalization (establishment of criminal liability for corruption crimes) change of relevant provisions of the Criminal code of the Republic of Tajikistan is carried out for the purpose of approval or their reduction in compliance to requirements of the Convention of the United Nations against corruption. Including, accurate differentiation of administrative and criminal liability, in particular shall be determined by ceiling establishment of price of gift after which receipt in bigger size there comes criminal liability.
29. In this process criminalization as enhancement of the penal legislation with use of achievements of successful experience of criminal prosecution of corruption acts and by that preventions of rise in crime, on the basis of implementation of the methods and methods of the advanced foreign practice provided in the international anti-corruption standards is very important.
30. For Tajikistan first of all it is necessary to consider the international anti-corruption standards provided in the Convention of the United Nations against corruption, recommendations of the Istanbul action plan of Anti-corruption network of countries of Eastern Europe and Central Asia, regional initiative of OECD, the agreement and regional initiatives of the CIS, the Organization of Group on realization of financial measures for counteraction of legalization of money (FATF).
31. The problem of criminalization of different forms of manifestations of corruption, bribery and any attempts of inducement or favor of officials, in system of the latest statehood, received the determining status of settlement of the major public relations, is characterized by attempts of counteraction of some stakeholder groups to this process. Along with it, expectations of society from use of opportunities of statehood and system of law of the Republic of Tajikistan reflect the requirement of real development of the perspective relations. Owing to it the anti-corruption policy of the state since criminalization, includes in itself implementation of these measures.
32 One of criminalization forms - enhancement in the Criminal code of the Republic of Tajikistan of the mechanism of accountability and prevention of actions for bribery (inducement) of the officials expressed in purposeful and mercenary intention.
33. The interdepartmental working group which is created by the Order of the President of the Republic of Tajikistan of April 18, 2013 will provide to No. RP2217 implementation of provisions of the Convention of the United Nations against corruption and recommendations of FATF throughout the first period of implementation of Strategy, and in interaction with civil society and on the basis of studying of successful foreign experiment prior to monitoring of Tajikistan on the mechanism of the overview of the course of implementation of the Convention of the United Nations against corruption (the world initiative of the Conference of the State Parties of the United Nations), develops the detailed report.
34. According to the Report of Organization for Economic Cooperation and Development on monitoring of Tajikistan within the Istanbul action plan, concerning the corresponding recommendations, discrepancies to requirements of the international anti-corruption standards in the Criminal code of the Republic of Tajikistan and with respect thereto according to requirements of the Convention of the United Nations against corruption, in Chapter "Corruption criminalization" of the Report updated recommendations were made were mainly determined.
35. To conform to international standards, it is necessary to study possibility of modification of articles of the Criminal code of the Republic of Tajikistan about active and passive bribery, namely - to establish criminal liability for "requirement", "requesting" of bribe, "the consent to the offer of bribe or adoption of the offer or the promise of bribe" in case of passive bribery, and for "offer" and "promise" of bribe in case of active bribery. It is necessary to enter the formulation of "property", "assets", "non-material values", "преимуществуй other privileges" and to determine framework of subject of bribe considering "illegal benefit" without restrictions of "material benefit". It is also necessary to determine mediation and participation of the third parties and on this basis to implement criminal liability for inadequate influence in implementation of the mercenary purposes. Besides, to consider question of limiting determination of the size of gift when obtaining in bigger size attracts involvement of the public (state) official to criminal liability.
36. In particular, entering of corresponding changes and amendments into the Criminal code of the Republic of Tajikistan will be performed for the purpose of it is provided criminal liability for bribery of foreign officials and the international organizations (except for persons who are immune) by refining and expansion of the concept "officials".
37. For the purpose of determination of the subordinate mechanism of counteraction to washing of the assets (property, financial resources and income) gained in the criminal way from Department of financial monitoring under National Bank of Tajikistan and other subjects of registration of turnover of such assets the instruction regulating procedure for representation of the relevant information on suspicious transactions with assets on the amount exceeding the minimum size established by the law, the faces tied with turnover of such assets and the directions of the corresponding materials, analyses, financial and audit inspections and audits for the purpose of control of turnover of assets in the country will be developed.
38. The existing procedure for confiscation of the assets acquired by making of corruption crimes is not reasonable and sufficient. Proceeding from it it is necessary that in procedure for confiscation of all means and the income acquired as a result of different crimes of corruption nature, irrespective of degree of their weight, also confiscations of property or cash equivalent of income gained as a result of making of corruption crimes were made changes and additions. One of effective methods is the measure for prediscretion of confiscation of property and other assets received as a result of corruption as primary punishment and penalty as alternative type of punishment in the Criminal code of the Republic of Tajikistan, for making of all types of corruption crimes.
39. Enhancement and strengthening of activity of the courts, law enforcement agencies and military structures. Complex implementation of measures for ensuring social and legal guarantees for employees of law enforcement agencies, military structures and courts as specific measures will be directed to strengthening of efficiency of activities of employees of the called bodies and safety according to requirements of the Law of the Republic of Tajikistan of June 28, 2011, No. 729 "About safety". Analyses show that ensuring political stability, reduction of tendency of increase in crimes, dangerous to society, recovery of trust of the people strengthenings of office discipline, observance of the rights and freedoms of citizens and non-admission of corruption offenses in activities of each employee depend on the devoted relation of employees of law enforcement agencies and military structures, respectability in their activities.
40. Practice shows that among law enforcement officers of the country who are defenders and guarantors of the law and protection of rights and freedoms of man and citizen there are employees who committed corruption crimes.
41. During 2007-2012 from bodies of the state financial control and fight against corruption 857 corruption and economic crimes of corruption nature concerning 593 employees of law enforcement agencies and military structures were revealed and registered.
42. Such indicators require that in this direction the following measures were taken:
- efficiency analysis of activities of specialists, enhancement of system of arrangement, preparation and retraining of personnel;
- ensuring increase in level of material logistics of employees of law enforcement agencies, implementation of modern efficient information technologies;
- ensuring institutional stability as condition of counteraction to leaving of the prepared personnel law enforcement agencies for other work, providing forming and strengthening of capable and professional frame;
- necessary effective use of risk analysis of corruption as effective remedy of the prevention of corruption factors taking into account that bodies for the state financial control and fight against corruption are given powers on coordination of activities of public authorities in the field of corruption prevention, and also making instructions on elimination of violations of the anti-corruption legislation, the rights of citizens, legal entities and interests of the state;
- regular carrying out scientific and practical researches of important problems of fight against corruption for development of the methodical recommendations submitted on improvement of efficiency of activities of the bodies performing fight against corruption.
43. The training of the called employees of anti-corruption bodies, shall be held in the countries in which anti-corruption programs were successfully performed, along with what is important factor of encouragement, promotes high-quality increase in the relation to execution of the service duties, and also for practical development of professional terminology of foreign languages and use of the computer equipment and other modern technologies. Proceeding from it, this direction is priority activity of training centers of employees, and creates base for interest of their effective activities.
44. Measures for ensuring professionalism, respectability and disinterestedness, observance of the Code of ethics of judges, studying by judges and workers of offices of courts of cases of conflict of interest, increase in level of professional knowledge and prevention of offenses, including corruption will be taken, specific organization-legal, administrative measures and mechanisms of their realization, strengthening of material and technical resources and involvement of civil society in their activities are developed and performed.
45. Assessment of contribution of each judge in increase in the authority of judicial authority as important measure of Strategy in this sphere, performed in round of step-by-step actions, according to the Bangalore Principles of behavior of judges accepted on November 26, 2002 in the city of Hague will be provided in the Program of judicial and legal reform and other corresponding regulatory legal acts.
46. Before law enforcement officers for increase before society in the person of prestige and the authority, national trust and satisfaction of each certain citizen addressing them with hope, serious problems and and at the same time creation improved organization-legal and material and technical resources, strengthening of responsibility for it of heads, their bodies and financial and economic structures for providing law enforcement agencies will be set. Supervision and control of efficiency of implementation of this measure will be assigned to bodies of prosecutor's office and the state financial control and fight against corruption.
47. Including enhancement of activities of government employees, respectability and patriotism, ensuring constitutional rights and human freedoms as supreme value so the conscientious attitude to the obligations will be even more specifically established as the main criterion of indicators of results of office activities.
48. With condition of observance of this requirement from the state different forms of encouragement and legal privileges within the existing opportunities, and also in connection with the level of economic development and increase in the government budget will be provided, being connected, is direct with real contribution of each employee of state body, will entail ensuring calculations of increase in the salary level.
49. From the government budget for enhancement of legal, economic basis, material and technical resources of law enforcement agencies and military structures, the controling mechanism, wages increase and pensions of workers certain funds will be systematically allocated. Financial and economic divisions of state bodies and the organizations will quarterly shall carry out based on results by inventory count calculations of needs for costs of structural divisions and workers, at the beginning of every month to provide costs of the clerical and other materials necessary for daily work, without written requests of divisions.
50. Wages increase of employees of judicial and law enforcement agencies, and also attraction on contractual basis of the veterans who reached retirement age, having wealth of experience as specialists consultants requires entering of corresponding changes and amendments into the legislation on work, on the government budget which regulate their legal status (will are implemented due to reducing personnel, economy of expenses on material logistics of body, at the expense of partner projects), are provided as paramount measure of giving of efficiency of prevention of corruption. That is all departmental costs will be subjected to the systematic analysis in the form of complex inspection checks and internal audit, including service of internal security and other means with obligatory discussion of results on boards of departments and on this basis adequate measures will be developed.
51. Realization of these actions proceeds from need of involvement of responsible highly qualified specialists and non-admission of "leakage of intellectual potential", stimulation of staff, improvement of their social conditions for the purpose of the prevention of making (inducement to corruption (to crimes).
52. Sources of financing of this measure are supposed to be provided due to budget financing in special procedure for the salary, payment of awards, compensations for work over the established regulation, including due to the recovered financial damage to the state which will be partially transferred into the special account of law enforcement agencies according to the budget legislation of the Republic of Tajikistan.
53. Further enhancement of activities of judicial authorities by enhancement of the regulatory legal acts regulating internal procedure and operating mode of courts (workers of offices of courts), the Professional code of ethics of judges arrangement and appointment of judges, criteria of separation of criminal cases and the practical mechanism of control of activities for prevention of corruption and violations of the laws in judicial authorities will be important means in anti-corruption reform.
54. The coordinating bodies for counteraction of legalization of criminal income for the purpose of counteraction of legalization (washing) of the income gained in the criminal way will take effective measures within the country and beyond its limits on counteraction to the criminal income.
55. For improvement of activities of law-enforcement bodies, enhancement of their structure within the Program of reform of militia (police) it is necessary to provide, actions in connection with enhancement of optimum control, studying, understanding and prevention of corruption, anti-corruption policy of the state, respectability in public service, professional ethics of employees of law-enforcement bodies.
56. In the course of activities, implementation of tasks and purposes of law enforcement, judicial authorities and military structures, preferential involvement of institutes of civil society, the international organizations will be provided and having set up mutually beneficial cooperation with them, urgent measures, for providing anti-corruption measures will be consistently taken.
57. The prevention of corruption consists of complex of the influencing actions, affects different aspects. First of all as a result of attraction to criminal, administrative and disciplinary responsibility of persons inclined to corruption, the analysis and elimination of the reasons and conditions promoting making of corruption crimes is performed. On the basis of the accumulated experience, during strategy implementation the following forms of prevention of corruption will be used;
- the prevention of corruption by acknowledged more effective and less expensive means, than investigation of corruption and in complex covers problems of reform of public administration (respectability and transparency, accountability of the state institutes before civil society), corruption risk analysis, including activities audit as departmental self-assessment, special (selective) checks of the ministries and departments regarding accomplishment by them national and departmental and industry anti-corruption programs, identification of spheres, the most subject to risk of corruption, the reasons and conditions promoting corruption as to the system phenomenon and acceptance of the adequate practical and legal measures of reaction;
- at the level of public authorities it is monitoring of condition of anti-corruption by body for the state financial control and fight against corruption of the Republic of Tajikistan, since risk analysis of corruption in spheres, the most subject to corruption risks and the overview of the course of implementation of the international anti-corruption standards, national anti-corruption strategy and departmental anti-corruption programs;
- at the republican level it is monitoring of condition of anti-corruption by national and public councils and commissions on anti-corruption;
- anti-corruption assessment of legal rules and procedures in the legislation and projects of regulatory legal acts, social, scientific and legal and economic researches of corruption, the prevention of conflict of interest in public service, control of processes of money laundering and financing of terrorism, and also political parties and the selective actions;
- the principle of benefit of measures for prevention of corruption is directed to elimination of the reasons and conditions promoting origin to corruption cases.
58. Solutions of problems and successful methods of the prevention of corruption in the country shall be found on the basis of studying and implementation of the advanced practice of foreign countries. With use of advanced technologies, but taking into account national specifics in the following purposes, shall be performed:
- exchange of information about the arising problems and tendencies regarding corruption;
- reaching an agreement on anti-corruption with inclusion of joint mutually advantageous efforts;
- within such cooperation carrying out joint to planovykha of actions, in particular experience exchange, information, advanced training, experience studying, development and accomplishment of the plan of risk analysis and use of resources, publication of information, methodical and scientific-journalistic materials.
59. The gained experience shows that such cooperation is effective, productive and reasonable if in state bodies behind the relevant separate divisions responsibility on ensuring work, development of agreements (agreements) on cooperation, the organization and conferences, seminars, round tables, abroad travels, interdepartmental working groups, as well as research and the offer of such opportunities is fixed in regions of the country for specialists of state bodies with participation of the international organizations, civil society and private sector.
60. Development of the training anti-corruption concept. All institutes and rates which are engaged in training first of all of those categories of government employees which provide provision of the state services to the population shall open concept of origin and sources of origin, corruption factors of the spheres corresponding to them, and also in the course of study to develop ability of finding of effective ways of fight against these factors.
61. Pedagogical approach. The idea of pedagogical approach is that it is possible to teach the person only when he takes active part in educational process. And it is possible to fix the studied information by use of rules of use of training materials, in daily work. Therefore participants of rates and seminars shall be directly involved in training process.
62. Result: motivation to action. Prevention of corruption requires long, long-term efforts. Temporary inconsistent actions will not result in desirable result. Motivation to action is in developing system approach either strategy, or the plan. As the successful world practice shows, it covers holding the following events:
- adoption of the Professional code of ethics (or the anti-corruption guide to action) for all persons serving in public service and judicial system;
- long training and implementation of training;
- risk analysis of corruption in state bodies and organizations;
- establishment of the internal controlling mechanism (including internal division of audit and working processes):
- determination of needs for further training;
- preparation and implementation of joint plans for prevention of corruption between anti-corruption and other state bodies.
63. The system of declaring of the income of government employees and officials of public authorities, requires serious reforming, that is it is necessary to establish the mechanism of their check and to expand circle obliged to their filling.
64. In the field of the state financial control and audit as the supreme body of audit the Audit Chamber was created and her independence and accountability is provided.
65. The system of public procurements is in development. It is necessary to continue its development and to eliminate all opportunities of manifestations of corruption factors and to create the reliable mechanism of its proper management and control.
66. Lot of work is necessary in the field of fight against political corruption, namely, by providing the proper financial reporting with political parties and candidates, distribution of ethical standards of behavior of employees of legislature and development of the legislation in conflict management of interests.
67. For the purpose of the prevention of corruption in judicial branch of the power of Tajikistan, it is necessary to provide more accurate selection criteria and dismissals of judges, to provide access for the public to information on courts, to seriously consider the possibility of introduction of accidental distribution of cases and to review the existing system of the ethical standards regulating behavior of judges.
68. It is also necessary to speed up work in the direction of fight against corruption in private sector. It is necessary to develop joint initiatives between the public and private sector and to involve entrepreneurs in case of development and carrying out legal policy of the state, to increase the level of transparency and to establish trusting relationships between state bodies and private sector.
69. Proceeding from it, in national legal and institutional system of anti-corruption the following measures will be taken:
- project development of the laws and acceptance of regulatory legal acts according to the international anti-corruption standards;
- elimination of the factors promoting corruption in regulatory legal acts;
- development and adoption of rules and technique (procedure) of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts, and also departmental assessment of their projects;
- development and approval of instructions for all government employees concerning receipt of remunerations for the purpose of elimination of conflict of interest;
- increase in financial position and real level of living of employees of state bodies, departments and other organizations and organizations, different sectors of society by the organization and increase in workplaces, salary increase and pensions;
- ensuring transparency of forming and expenses of the government budget, fixed assets and state-owned property and carrying out the state financial control for determination of efficiency and target use of budgetary funds;
- simplification of process (procedure) of registration in case of regulation of business activity (especially production), by elimination of the excessive obstacles unnecessary and promoting corruption;
- reduction of names of licenses and allowing documents for all types of business activity, names of the submitted documents for receipt of licenses and allowing documents, reduction collision of subjects of entrepreneurship with the relevant state bodies in this process;
- involvement of public organizations and other institutes of civil society in decision making process, regulatory legal acts, programs, management of state bodies, control and monitoring of their execution by means of placement of texts of projects on the website of body - developer:
- the organization of broad studying of the questions regarding corruption in all steps of the state, law enforcement agencies, among the population, with participation of institutes of civil society;
- ensuring understanding of threat of corruption, forming of anti-corruption outlook among different sectors of society and active participation of civil society in the field of anti-corruption and its prevention;
- wide use of mass media (radio, television, newspapers and magazines, etc.). the Internet, in anti-corruption promotion and education of anti-corruption policy, explanation of anti-corruption policy of the Republic of Tajikistan, forming of the atmosphere of intolerance to corruption manifestations in society;
- implementation of international standards of anti-corruption in the country, improvement of international cooperation in the field of fight against corruption, accomplishment of the international obligations;
- increase in the authority and prestige of the country on the international scene, decrease in level of corruption by understanding of harmful threats of corruption among different sectors of society, anti-corruption strengthening.
70. Fight against corruption is complex and public work as in it state bodies participate in cooperation with civil society and with participation of each member of society and only then can result in desirable results and prevent corruption.
71. This question was taken up in the President's letter of the Republic of Tajikistan by Majlisi Oli of the Republic of Tajikistan of April 26, 2013: "In fight against corruption, except state bodies each member of society shall make the contribution".
72. For the passable period number of the public organizations including which are specially founded for anti-corruption, promotion and propaganda of anti-corruption policy in cooperation with body for the state financial control and fight against corruption and other law enforcement agencies in studying of effects of corruption among civil society, anti-corruption education and promotion, forming of anti-corruption outlook made the significant contribution.
73. The public commissions on the prevention of corruption founded under executive bodies of the government of areas, cities and areas, along with representatives of state bodies on the equal beginnings, covering representatives of the intellectuals, religion, associations, veterans of work and war and other social groups of civil society, competently participate in control and consideration of questions of realization of anti-corruption policy of the state, are responsible in implementation of explanations of the laws and state programs, anti-corruption promotion and propaganda, forming of anti-corruption outlook and the atmosphere of intolerance to corruption.
74. For bigger involvement of representatives of civil society in process of development and implementation of anti-corruption policy of the state, ensuring transparency of activities of state bodies, protection of rights and freedoms of man and citizen, ensuring access to information, stimulation and protection of persons promoting fight against corruption, forming of ideology and the atmosphere of intolerance to corruption holding the following actions is reasonable:
- involvement of public organizations and other institutes of civil society in development and acceptance of the regulatory legal acts and state programs connected with providing rights and freedoms of man and citizen, fight against corruption and its prevention;
- ensuring transparency of activities of state bodies by broad participation of civil society in development and decision making of state bodies, organizations and their officials, informing the public by means of mass media for the purpose of ensuring implementation of public control over transparency of the decisions made by public authorities at the republican and local levels;
- the organization and carrying out the training programs for subjects of essence, concept and effects of corruption, the legislation for anti-corruption and measures taken by the state in this sphere, international standards of prevention of corruption and fight against it;
- the organization and wide use of the Internet for strengthening of anti-corruption promotion and propaganda, public explanation of task of anti-corruption policy of the state and the purpose of its realization;
- modification and amendments in regulatory legal acts about procedure for consideration of addresses of citizens, information of their availability according to international standards and removal of obstacles on information access, including redefinition of concept classified (confidential) information, reduction of circle of the data entering this concept;
- periodic holding press conferences with participation of wide range of journalists and representatives of foreign and domestic mass media for the purpose of the report to their data of results of activities of state bodies in the field of counteraction and fight against corruption, and also explanation of essence of policy of the state in the field of counteraction and fight against corruption;
- consideration of organization of independent body for information, its availability and statements, offers and claims, its control and monitoring;
- permanent informing society on process of implementation of this Strategy;
- in training programs of averages, average and professional educational institutions and higher educational institutions irrespective of patterns of ownership and departmental accessory, implementation of permanent studying of the teaching and educational program on the subject "Anti-corruption in Tajikistan";
- development, permanent application and use of indexes of prevalence of corruption in regions, spheres, departments, in mass media with carrying out the explanatory work among the population connected with corruption offenses;
- close cooperation of state bodies with domestic mass media by means of the conclusion of agreements with them and appointment of responsible persons for providing on exchange of information, connected with corruption.
75. One of the reasons of distribution of corruption among society and especially in state bodies, is imperfection of public administration, availability of unnecessary and excessive procedures in them. Besides, systematic collision of state bodies and their officials with citizens becomes origin of corruption factors and the relations.
76. In recent years Tajikistan is recognized the state reformer the world, development of economy became the most important purpose of establishment of statehood.
77. During this period proper management of national economy in interrelation with reform of system of public administration, fight against assignment of state-owned property, shadow economy, corruption, washing (legalization) of the assets acquired in the criminal way and financing of terrorism, other different forms of crime dangerous to society including transnational smuggling and illicit trafficking in narcotic substances was adjusted, are determined by the state as the priority directions of fight against crime of law enforcement agencies.
78. In particular, in the President's letter of the Republic of Tajikistan of April 20, 2012 it was noted Majlisi Oli of the Republic of Tajikistan that:
"As a result of continued fight, aspirations and feats, twenty years ago immemorial wisdom of the Tajik people proved that the national unity and mutual understanding of members of society are the most important factor of progress of the state and the nation.
Exactly thanks to these important historical events we could recover bases of statehood and the paralyzed branches of the power in the country, to strengthen the base of the state independence of Tajikistan. Most important the fact that in our expensive Homeland the national unity, lasting peace, socio-political stability, the free creative atmosphere set in is".
79. Thanks to sincere support and honest work of the people of the country to the Government of the country it was possible, since 2000 to this day, within national and industry programs and strategy to constantly take measures for gradual increase in level of living of the population and the solution of social and economic problems.
80. Taking into account it and for the purpose of increase in level of technical knowledge of different sectors of society and comprehensive implementation of information and communication technologies in national economy by the Government of the country adopts medium-term and long-term programs.
81. One of important state documents is adoption of the Concept of forming of the electronic government. This Concept is specially directed to proper management, prevention of bureaucracy and corruption.
82. For the purpose of application of this Concept from the relevant state bodies the following actions of the prevention of corruption shall be developed and performed:
- organization of studying and training of highly qualified personnel for implementation of the Concept of the electronic government, new information technologies and electronic control;
- specific determination and enhancement of functions of bodies for the state financial control and fight against corruption in the field of prevention of corruption and prevention of conflict of interest in public service and verification of the provided declarations of staff of state bodies according to the income and property, and also implementation of monitoring of national anti-corruption reform.
83. For the purpose of increase in efficiency of activities and expansion of functions of body for the state financial control and fight against corruption in the field of prevention of corruption and reduction in compliance of its activities with international standards (The convention of the UN against corruption), it is necessary to make changes and additions to the Law of the Republic of Tajikistan "About Agency on the state financial control and fight against corruption of the Republic of Tajikistan".
84. Also need of establishment of anti-corruption responsibility concerning heads of all steps of the public authorities and persons performing activities in other state organizations having share of the state takes place.
85. For ensuring respectability and transparency in public service it is necessary to take measures for corruption prevention:
- enhancement of the mechanism of control and observance of requirements of the Code of ethics of the government employee in the field of corruption prevention;
- the organization and providing the mechanism of tender for acceptance on public service in all state bodies and in this process ensuring the principles of objective view and impartiality;
- consecutive implementation of system of studying of office ethics and prevention of conflict of interest among government employees, in particular the organizations of special rates for studying of the matter among government employees:
- review of immunity and right of immunity of officials of public authorities:
- carrying out social research about the reasons and conditions promoting emergence of corruption situations in all branches of the government with broad participation of state bodies, civil society and the report to data of society of results of research for use in developments and realization of anti-corruption policy;
- assignment on heads of the ministry and departments, local executive bodies of the government, self-government institutions of settlements and villages and other state bodies of responsibility for studying, the analysis, the conclusion and taking measures for elimination of the factors and reasons promoting corruption in under control spheres and subordinated structures.
86. Enhancement of service of internal audit. Analysis рисковэто not the one-time procedure, but permanent process. The procedure and efficiency of the measures following from risk analysis shall be traced on permanent basis. Therefore the management of the state organizations having more than fifty percent of share of the state shall be interested and shall in creation of the internal departmental mechanism of control, in the form of service of internal audit.
87. Internal audit is management tool. It provides implementation of managerial supervision and control in divisions of the organization by means of carrying out audit procedures, and also represents to management of the relevant state body of the recommendation about prevention of corruption factors and elimination of the reasons promoting corruption.
88. The service of internal audit carries out corruption risk analysis, initiates adequate measures on fight against corruption in authority and proposes measures for elimination of the reasons and conditions promoting emergence of corruption situations and also provides their implementation.
89. Carrying out risk analysis of corruption. Permanent task of service of internal audit (the representative of structural division for corruption prevention), check of the activities of the subordinated structure occupied with financial and economic activities of body and performed on behalf of management of state body (organization) in zones of risk and places with more corrupted factors is.
90. The increased vulnerability can be observed, in particular when implementing external contacts (for example, presence of militia at society, conducting investigations, conducting checks, consideration of claims of citizens) or in case of acceptance and development of management decisions by executive bodies of the government which can positively or have an adverse effect on the third parties (for example, placement of the state order).
91. The analysis of cumulative practice and its comparison with the advanced practice of the foreign states shows that intensive reform of the salary of government employees and law enforcement officers, first of all is carried out in spheres of the most subject to risks of corruption, and also improvement of condition of their material technological support can positively influence elimination of corruption situations in public service. Proceeding from it, in this direction it is reasonable to realize the following measures:
- research of additional resources and opportunities of strengthening of material and social and technical base of providing employees is the main activity and task of independent division on audit of activities in case of heads of the established and operating ministries and departments, other state bodies;
- the detailed information by results of activities audit as the carried-out risk analysis of corruption together with the motivated conclusion about probability of availability of corruption in these or those fields of activity of department is submitted to heads of bodies for acceptance of adequate measures.
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