Authors:Pius Gumisiriza; Joseph Mukasa Abstract: In the last three decades, the Government of Uganda has put in place frameworks and executed reforms aimed at establishing an effective and participatory public finance management (PFM) system. This article examines the successes and failures of these reforms/frameworks. The main findings of this article are twofold. On the one hand, decent success in civil society and elite stakeholders’ participation in budgetary processes, fiscal discipline, allocative and operational efficiency, and budget transparency have been achieved using the adopted PFM frameworks. On the other hand, there is ineffective local citizen participation in PFM processes, misallocation of public funds, a bloated administrative and legislative structure, excessive borrowing, poor absorption of borrowed funds, corruption and the impact of Covid-19 pandemic are eroding the initial success of PFM reforms in Uganda. PubDate: 2022-08-31T00:00:00Z
Authors:فضيلة بوطورة Abstract: Corruption crimes are among the crimes that have turned into a serious global phenomenon, the severity of which varies from one state to another. Accordingly, adopting educational curricula to teach exemplary anti-corruption courses is also one of the mechanisms to prevent the spread of corruption. Especially since teaching is one of the tools for the advancement of human societies in all fields. Among the most important teaching strategies that can be exploited in this field, we mention: brainstorming strategy, teamwork strategy, discussion strategy, numbered heads strategy, problem-solving or problem-based learning strategy, discovery learning strategy, e-learning strategy, and case studies. Corruption does not coexist with development, but rather drains it, and besieging it through the university and the educational process requires efforts to spread sufficient awareness in societies to combat and prevent this phenomenon. PubDate: 2022-06-30T00:00:00Z
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
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