Authors:موري سفيان Abstract: It has become critical to involve business enterprises in the fight against corruption at national and international levels, especially with the development of economic life, firms have to comply with anti-corruption rules and standards to guarantee and improve their financial and economic capacities. However, It is not simply a matter of deciding to adopt a set of anti-corruption rules and laws, it is rather the need of such organizations for enforcing anti-corruption compliance mechanisms within their internal policies.Many countries have tended to demand companies to undertake a policy and set out procedures to prevent corruption. In this sense, the UK legislator introduced an anti-corruption law in 2010, where it provided for a new offense on the failure of commercial companies to prevent corruption. The French law in 2016 on transparency, combating corruption, and the development of economic life also tended to oblige commercial companies to adopt measures for the prevention of corruption. The US corporates follow the United States Foreign Corruption Practices Act (FCPA). Accordingly, corruption prevention has become an obligation for such companies. On the other hand, in the Algerian anti-corruption law, there is no text obliging commercial companies to have an anti-corruption compliance program. There is just Article 9 of the Algerian Constitution stipulates the need to protect the national economy from any form of manipulation, embezzlement, corruption, illegal trade, abuse, appropriation or illegal confiscation. Hence, it is necessary to amend the law, Article 13 of Law 06-01, relating to the prevention and combating of corruption, in particular, the part linked to preventive measures in the private sector. PubDate: 2021-12-31T00:00:00Z
Authors:Sergio M Gemperle Abstract: State-led anti-corruption agencies are often posited for their state-legitimizing effects. This article argues that anti-corruption agencies (ACAs) can have adverse legitimacy effects on the state and its institutions. Based on an extensive review of the literature, this article first defines twelve ACA ideal types that reflect their corruption-reduction potential. It then illustrates the negative effects of ACAs on state legitimacy through two case studies, Nepal and Guatemala. The findings show that ACAs can have a negative impact on state legitimacy if they increase public awareness and condemnation of corruption in state institutions or if governments interfere with effective investigations from the ACA. Taken together, these findings highlight that anti-corruption policies and reforms need to account for and adapt to potentially delegitimating effects on state institutions. PubDate: 2021-12-31T00:00:00Z
Authors:فوزية قدادرة Abstract: This study examined the issue of crimes in the context of public contracts and the legal mechanisms to combat them in the Algerian legislation to closely identify the most important crimes in the field of public contracts. The paper also reviewed the legal procedures and mechanisms in law No 15-247 relating to public procurement and authorizations of the public facility. In general, as public contracts are among the most important administrative contracts conducted by the public administration to achieve an effective strategy of the local, national and international development, the first measures of the Algerian legislator were to develop a well-defined framework and plan to protect it from corruption, which has become a frightening obsession for the economies of nations.This research presented the offenses that accompany administrative corruption in the field of public procurement, which were expressly stipulated by Law No. 06-01 on the prevention and control of corruption. In addition, the study clarified the effectiveness of administrative control and its types to protect public affairs from the scourge of corruption. PubDate: 2021-12-31T00:00:00Z
Authors:Haya Aidh K. A. Al-thbah Abstract: Wasta is an Arabic word (واسطة), with a similar meaning to nepotism in English, which means using someone’s connections or influence to achieve multiple benefits, for example securing a job, speeding up access to government services, gaining exemption from taxes, pushing for fees reduction, favoring transfers and promotions of public servants, and even waiving of traffic fines. It has become deeply rooted in the Middle East culture, especially in Qatar. This study argues that wasta has become a cultural paradox that intersects with classes as a social construction, reinforcing racism, class privilege, and social inequalities among employees in Qatar. This paper is critical as it addresses this threatening issue that has severe consequences on the country’s progress, highlights its root cause, and examines the impact of this social phenomenon. This paper is the first step forward to face the wasta phenomenon in Qatar. PubDate: 2021-12-28T00:00:00Z
Authors:أحمد براك Abstract: The United Nations Convention against Corruption stressed the need to achieve a balance between immunity and the efficiency of criminal confrontation of the corruption phenomenon, however, the practical reality is otherwise. The desired balance can be achieved by limiting these immunities, through restricting their influence in the procedures of dealing with the persons enjoying immunity and the inviolabity of their residences. Notwithstanding, the decision to lift this immunity should be taken by an impartial, objective and independent judicial authority, and based on practical, clear, timely-framed, and quick procedures. PubDate: 2020-06-30T00:00:00Z
Authors:Adebayo Francis Alowolodu Abstract: Corruption is an international phenomenon that continues to be at the heart of governance deficits in Africa. It impedes societal development, denies citizens access to quality infrastructure, good health facilities, affordable and quality education, and, above all, breeds political violence and insecurity. In an effort to combat this corruption, the African Union adopted the African Union Convention on Preventing and Combating Corruption (AUCPCC) in 2003. The adoption of the AU Convention in 2003, and its enforcement in 2006, gave hope to many in Africa that governments across the continent were determined to fight corruption. The convention is currently at its sixteen-year anniversary since its adoption, during which time there have been no significant or positive changes witnessed throughout the African continent.Meanwhile, it has been a struggle for Africa to effectively fight corruption through the criminal justice system, and it is well recognized that the criminal justice system does not provide for compensation to victims of corruption for damages suffered as a result of corrupt acts. In the light of the above facts, this paper highlights the importance of private civil actions (PCAs) in our legal system if considered by the AU Head of States. This method can play an important and complementary role in the criminal justice system's efforts to fight corruption in Africa. The proposed PCA methodology is not intended to substitute a court's jurisdiction to prosecute corrupt acts through the criminal justice system. Rather, it is intended to establish the foundation for an additional method to fight corruption in Africa.This paper concludes with a first draft of a protocol to the 2003 AU Convention that can serve as the starting point for an initiative to later successfully adopt a PCA protocol by the AU Member States. This is the first proposed protocol in Africa on the topic of PCAs against corruption. The adoption of this proposed protocol will help obtain a permanent solution to corruption in Africa. PubDate: 2020-06-30T00:00:00Z
Authors:Michel A Perez Abstract: “Crimes are more effectively prevented by the certainty than by the severity of the punishment.” Cesare Beccaria, 17641“DPAs have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe.” Lanny A. Breuer, US Assistant Attorney General, 20122“Non-trial resolutions have become a prominent way of enforcing serious economic offences.” OECD, 20193The use of corporate deferred prosecution agreements (DPAs) to fight corporate crimes in the USA, and more recently in other countries, has raised some challenges. However, the benefits of these procedures are significant when compared to the lengthy and costly ways of “traditional” justice. DPAs provide governments with limited resources a method to more efficiently resolve white-collar criminal charges through the developing concept of “negotiated justice.”The development of procedures similar to the American DPA in other jurisdictions, notably the UK and other countries of common law tradition, as well as in some civil law jurisdictions such as France, has created a new legal paradigm in recent years. Even the European Union is building a transnational enforcement system, underscoring the necessity of adopting comparable provisions in domestic laws worldwide. As illustrated in an OECD (Organization for Economic Cooperation and Development) survey published in March 2019, the diversity of judicial systems around the world precludes a “one size fits all” approach for a procedure to fight corporate crimes. However, coordinated prosecutions among agencies of different jurisdictions and the creation of international prosecutorial bodies and enforcement are signs of the emergence of a new transnational judicial system. This research seeks to analyze and evaluate the effectiveness and desirability of these tools as a means of combating corporate crimes. PubDate: 2020-06-30T00:00:00Z
Authors:د.بن قادة محمود أمين Abstract: Free reserve is defined as deducted amount from net profits, subject to General Assembly control for the purposes specified in the Law, the company's mandate, or general assembly decision. The reserve money is divided into three categories:1. legal reserve, 2.regulatory \ statutory reserve and 3.free reserve. Moreover, since reserves are undistributed profits, generated profits are deemed a shareholder right. Consequently, in cases of an increased capital or merger, preceding shareholders are subject to arbitrary impinging as new shareholders will stake the generated shares which are in fact undistributed profits.In order to avoid such outcome and protect shareholders rights, legislator deployed two mechanisms: first; preferential and priority rights to subscribe to the capital increase shares issued by the company in the occasion of increased capital, second; issuance allowance or merger allowance. PubDate: 2019-12-31T00:00:00Z
Authors:د.ماينو جيلالي Abstract: Maghreb countries - Algeria, Tunisia, Morocco, Mauritania and Libya - have joined the United Nations Convention against Corruption (UNCAC), this convention obliges it member states to submit periodic reports on the extent of their implementation and their commitment to the provisions contained in the prevention and control of corruption. On one hand ;the reports provides an opportunity to review and demonstrate areas of success and failures, as well as the challenges and difficulties faced by these States in adapting their legal system to the provisions of the United Nations Convention against Corruption on the other hand. This study demonstrate several aspects of the country review process particularly the review of first cycle implementation, which targets chapters III and V. The paper further focuses on legal an institutional anti-corruption framework and explains protection measures for witnesses, experts and whistleblowers in cases of reporting corruption. It also clarifies the most recent developments after the presentation of the national reports of Maghreb countries. PubDate: 2019-12-31T00:00:00Z
Authors:G.A. Walker Abstract: Technology and financial technology (FinTech) have had an increasingly significant impact in all areas of business and commerce in recent years. Technology and FinTech can specifically bring substantial benefits in terms of efficiency, stability and security, as well as innovation, growth and prosperity despite corresponding risks and exposures. Difficult issues should also be considered to ensure that all relevant legal rights and entitlements are properly respected and protected. Many commentators have argued that computer code can replace law and supporting court systems over time although this has been questioned by others. It is arguable that technology will only work most effectively where underlying legal rights are fully reflected and properly protected through appropriate code and software design and implementation. The purpose of this paper is to examine the nature of the relationship between computer code and law and technology in the specific area of Initial Coin Offerings (ICOs) which are used to raise funding and investment capital for digital coin and digital token development purposes. A number of different types of ICO can be identified and offer phases can be distinguished. These are priced and examined in the new emerging area of Tokenomics. Countries have developed different regulatory approaches to manage the inherent risks created or further exposures that emerge over time. All the relevant issues that arise are reviewed in this paper and provisional conclusions drawn with regard to the most appropriate legal and regulatory approach to be adopted in this exciting new area of technological, financial and social advance. PubDate: 2019-12-31T00:00:00Z
Authors:Pius Gumisiriza; Robert Mukobi Abstract: The government of Uganda has put in place and is implementing different home-grown and internationally proven anti-corruption measures such as rescission of contracts obtained through corrupt means, monetary fines for those implicated in corruption, debarment/blacklisting of companies or individuals known to have been corrupt in the past, asset declaration by leaders and government officials to detect and minimize corrupt accumulation of assets, whistleblowing to expose corruption by those who know about it, criminalizing money laundering to stem the flow of illegally or corruptly acquired money, and confiscation of assets or proceeds obtained through corruption, all aimed at curbing endemic corruption in the country. Nevertheless, corruption (both petty and grand) is still endemic in public institutions at all levels in Uganda. This article uses secondary and key informant primary data sources to critically explain why these anti-corruption measures have not been effective in the fight against corruption in Uganda. The main argument made in this article is that anti-corruption measures in Uganda have not been effective because they are inherently weak, a challenge that is compounded by political interferences in anti-corruption prosecutions and a dysfunctional anti-corruption institutional framework. This article recommends that anti-corruption measures should be fine-tuned to confront sophisticated corruption and be applied to all impartially. PubDate: 2019-12-31T00:00:00Z
Authors:د. حابس يوسف زيدات Abstract: A natural course of world development benefits, harness and service the mankind, through means of technological development and various modern electronic means, it nevertheless created a platform for significant negative consequences, where some deploy the same modern means to commit illegal criminal actions.Conventional crimes were and are still being committed in traditional ways, including theft, which assumes that the perpetrator steals the object and transmute its possession from its owner. In majority of countries around the world the provisions of the Penal Code in all countries of the world criminalize banking and information databases, which contributed to the emergence of new forms and new methods through which to conventional crimes are committed.While crimes are committed through these modern means, the key question is whether these crimes are subject to the conventional provisions of the Penal Code, or a new legislation shall be passed to retain the pace associated with conventional crimes with modern twists i.e. cybercrime'This leads to first; considering the adequacy of the conventional provisions combating cyber-crime, second; the need for developing a modern legal framework to combat cybercrime in which terminologies grasp all dimensions and negative effects of the criminal phenomenon. This will inspire nations to look for modern Legislations regulating and combating these conventional crimes committed through means of technology. PubDate: 2019-12-31T00:00:00Z
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