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|Title: ||Measures against corruption in Albania|
|Authors: ||Rica, Rozario|
|Supervisor/Tutor: ||Gasparini, Alberto|
|Co-supervisor: ||Lelcaj, Luizim|
|Issue Date: ||27-Apr-2012|
|Publisher: ||Università degli studi di Trieste|
|Abstract: ||Herewith this theme is done an attempt to present the concept of corruption
phenomenon and its social and legal aspects, putting into evidence the negative demonstrations and deficiencies, and recommending the ways of growing of effectively in preventing and fighting it. The corruption is a social phenomenon and as such, cannot be viewed separately from the respective society. In Albania after the unemployment, the corruption is the biggest problem and scourge of our society.
For the actual conjuncture of Albania who for realizing the major objective of integration into EU, must reach the determined standards, amongst which the fight against corruption is in the top of the list.
Corruption in Albania up to the independence, has operated mainly in the administration of the invador, had a development in the administration of the kingdom, but after the year 1944 was controlled strictly, up to the end of years “70, for interests of the dictatorial state.
But later again took a development, with the economic and political weaknesses of the state. With the establishment of democratic state, initially had a development for many objective and subjective factors of period of transition, to be put later under control, with the growth of economic and political stability, growth of effectiveness of state apparatus especially in the field of transparency, documentation, simplifying of administrative structures and procedures, and increasing of control, certainly in the context of economic growth and incomes of citizens.
Corruption in private juristic persons as phenomenon is recognized since the allowing of private activity at the beginning of years `90’s, but penally was predicted as criminal offense to the article 194/a, active corruption and article 194/b passive corruption, additions made in September of 2004.
Corruption is punished by the PC with the provisions that are found in some chapters, by grouping the provisions in three groups: Provisions that punish the corruption with that denomination, provisions that punish corruption, but not with that denomination, corrupting benefit as qualifying element of other acts.
Corruption is grouped by various criteria, such as:
- by the field of activity where it operates – public and private corruption,
- the way of corruption action - direct corruption, and indirect corruption,
- the position of subjects - beneficiary - active corruption, and the provider of benefits there is passive corruption
- by the fields of life, economic, state, political and social, where it acts we have:
Economic and Administrative Corruption Corruption in private juristic persons Political Corruption
The factors and circumstances that cause the corruption are affect to private individual or official employee and in the bodies and structural private and public levels, for emerging of the embryos of the corruptive opinions and practices, knowledgement of which has essential and determining importance, especially in the lives of individuals and juristic persons, and generally of state and society. The main factorst that affect in the emerging and development of corruption in our country are:
- The economic situation
- Level of living and relatively low wages of administration
- Lack of political stability
- Legislative reform.
- The effectiveness of the state mechanisms
- Intervention of state in the economy
- The process of property restitution, privatization and legalization
- Public budgetary means and the funds of nonpublic entities
To come up with an opinion for the level, exactness and all-inclusion of provisions in our criminal law in the field of corruption, we made a comparison with the penal codes of Italy, Germany and New York. The comparison is made with these three codes, because thye are well-drafted, all-inclusion of the corruption offenses, the provisions in the field of corruption is the detailing of the forms of offense with separate figures, each one formulated rigorously and strictly, to not letting place for an abusive judicial practice, and also facilitate the individualization of type and measure of punishment.
We have made at the end some recommendations regarding the fight against corruption, in between which we can mention: There shuld be a greater and more effective collaboration between the Supreme Council of Justice, Ministry of Justice and Ministry of Education, for a more extensive and qualitative treatment of corruption in subjects of university, public and privat, and for a scientific treating with a higher and deeper level, and closely related to the reality, prevention and fight against corruption in Albania. And regarding to the corruption in justicial system: it is necesary a perfection of procedural aspects, especially in terms of deadlines, individual approval of a judge in several actions before and during the penal investigation, as surveillance, controls, sequestrations, etc., through approval with undersigning of request, instead of decision with the judicial sessions and through bureaucracy of judicial administration, reviewing of mechanism of procedural actions with abroad, etc.|
|PhD cycle: ||XXIII Ciclo|
|PhD programme: ||POLITICHE TRANSFRONTALIERE PER LA VITA QUOTIDIANA|
|Keywords: ||Measures, corruption, albania|
|Main language of document: ||en|
|Type: ||Tesi di dottorato|
|Scientific-educational field: ||IUS/14 DIRITTO DELL'UNIONE EUROPEA|
|Appears in Collections:||Scienze politiche e sociali|
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