SEEU Review vol. 6 Nr. 2 (pdf) - South East European University

Rexhep Gashi, Dr. sc.Meaning and Situation of Corruption in KosovoCorruption, as a harmful social phenomenon, is as old as the state itself.The historical origins of this negative phenomenon are related to the rise ofthe first states and establishment of state power. Upon establishment of thestate, more opportunities are made available to use and misuse it for closematerial interests of comprising governors. Among oldest of these cases arethose appearing in India, approximately 2300 years ago. Whilst, in China,since 221-207 BC, the Criminal Code of Qin Dynasty, foresaw thecorruption phenomenon as harming it seriously (Koha Ditore 2010: 11).Thisnegative phenomenon continues to be present even today, and almost nosociety is immune to it. The phenomenon is especially widely spread incountries in transition, such as Kosovo. The phenomenon of corruption inKosovo, and similarly with other states from the Former YugoslavFederation, has its footholds in the Communist system. In Kosovo,corruptive practices became sophisticated tool and method to surviveparticularly after the 1980’s, when the Serbian regime of S. Milosevic cameto power and violently ruled over the Kosovo, applying discriminativepolitics against the ethnic Albanian population, by closing the schools,causing massive unemployment by terminating most of Kosovo Albaniansfrom public state institutions. This negative phenomenon continues to bepresent even nowadays, including in the Republic of Kosovo. Corruptionremains one of the acute problems, which undermines the economicalstability of the country, the state of law, and results in a deep-seatedquestioning of public trust toward newly established institutions after thewar.In general and all-inclusive comprehension, corruption shall be defined asa misuse of power/ responsibilities given in public and private sector forpersonal benefits (Anti corruption Strategy 2009-2011: 8). This definitionincludes corruption in public sector and corruption within political parties,the private business sector, associations, non-governmental organizationsand society in general. In addition, as per this definition, corruption is notonly for purpose of personal benefit, but includes benefits for family,relatives, friends, persons or organizations, which are related to business orpolitics. Pursuant to Law against corruption of Kosovo, the term corruptionrefers to: “every violation of duty of official persons or responsible personsin legal entities and every activity of initiators or beneficiaries of suchbehavior, committed in response to a directly or indirectly promised, offered,given, demanded, accepted or expected reward for oneself or some otherperson” (Suppression of Corruption Law No. 2004/34: art.2). Whilst,60