Doing Business in Hungary 2010 - International Franchise Association
Doing Business in Hungary 2010 - International Franchise Association
Doing Business in Hungary 2010 - International Franchise Association
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
equity, 5 bond, 3 mortgage, 15 <strong>in</strong>vestment funds, and one government bond and T-bill issuer.<br />
66 percent of capitalization is concentrated <strong>in</strong> four companies (MOL, OTP, Magyar Telecom and<br />
Richter).<br />
Political Violence Return to top<br />
Despite frequent protests s<strong>in</strong>ce 2006, political violence has not been a characteristic of the<br />
political landscape <strong>in</strong> <strong>Hungary</strong>. The transition from communism to democracy was negotiated<br />
and peaceful, and four peaceful changes of government via the ballot box have followed. There<br />
is little cause to expect <strong>in</strong>surrections, political terrorism, or <strong>in</strong>terstate war. There has been no<br />
violence directed aga<strong>in</strong>st foreign-owned companies, although <strong>Hungary</strong>'s economic troubles<br />
have contributed to an <strong>in</strong>crease <strong>in</strong> political extremism.<br />
Corruption Return to top<br />
The Hungarian M<strong>in</strong>istry of Justice is responsible for combat<strong>in</strong>g corruption. There is a grow<strong>in</strong>g<br />
legal framework <strong>in</strong> place to support its efforts. <strong>Hungary</strong> is a party to the OECD Anti-Bribery<br />
Convention and has <strong>in</strong>corporated its provisions <strong>in</strong>to the penal code, as well as subsequent<br />
OECD and EU requirements on the prevention of bribery. <strong>Hungary</strong> adopted a national strategy<br />
on combat<strong>in</strong>g corruption and passed two modifications of the Crim<strong>in</strong>al Code <strong>in</strong> 2001 (Act CXXI<br />
and CIV). Parliament also passed the Strasbourg Crim<strong>in</strong>al Law Convention on Corruption (Law<br />
XLIX of 2002) and the Strasbourg Civil Code Convention on Corruption (Law L of 2004).<br />
<strong>Hungary</strong> is a member of GRECO (Group of States aga<strong>in</strong>st Corruption), an organization<br />
established by members of the Council of Europe to monitor the observance of their standards<br />
for fight<strong>in</strong>g corruption. Transparency <strong>International</strong> (TI) is active <strong>in</strong> <strong>Hungary</strong> and its 2009<br />
Corruption Perceptions Index rates <strong>Hungary</strong> 46 th out of 102 countries (1 st be<strong>in</strong>g best), more<br />
favorably than most other countries <strong>in</strong> the region, but worse than <strong>Hungary</strong>’s 2004 rank<strong>in</strong>g of<br />
34th.<br />
Giv<strong>in</strong>g or accept<strong>in</strong>g a bribe is a crim<strong>in</strong>al offense, as is an official’s failure to report a bribery<br />
<strong>in</strong>cident. Penalties can <strong>in</strong>clude confiscation of assets, imprisonment, or both. S<strong>in</strong>ce EU<br />
membership, legal entities can also be prosecuted. An extensive list of public officials and many<br />
of their family members are required to make annual declarations of assets, but there is no<br />
specified penalty for mak<strong>in</strong>g an <strong>in</strong>complete or <strong>in</strong>accurate declaration. The 2003 “glass pocket<br />
law” extended the State Audit Office right to review bus<strong>in</strong>esses’ government contracts to publicprivate<br />
transactions that were previously considered “bus<strong>in</strong>ess-confidential”. Conflict of <strong>in</strong>terest<br />
legislation prohibits members of parliament from serv<strong>in</strong>g as executives of state-owned<br />
companies.<br />
While legislation is <strong>in</strong> place, persistent suspicion of corruption <strong>in</strong> some government procurement<br />
actions has arisen, due to a lack of transparency and an uneven implementation of the laws to<br />
prevent corruption. Non-governmental organizations, the bus<strong>in</strong>ess community, and foreign<br />
governments share many of these concerns, and ma<strong>in</strong>ta<strong>in</strong> an ongo<strong>in</strong>g dialogue with the<br />
government to identify strategies to improve conditions. The GOH has also set up an Anti-<br />
Corruption Coord<strong>in</strong>ation Board, led by the M<strong>in</strong>istry of Justice, with participation from other<br />
government m<strong>in</strong>istries, chambers and NGOs, which submitted a strategy and action plan to<br />
Parliament <strong>in</strong> 2008. Another issue TI actively supports is a transparent party f<strong>in</strong>anc<strong>in</strong>g system,<br />
especially important before elections <strong>in</strong> April <strong>2010</strong>.<br />
74