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
<strong>SEEU</strong> <strong>Review</strong> Volume 6, No. 2, 2010pursuant to Law on Agency against corruption of Kosovo, the termcorruption includes “any abuse of power or any other behavior of officialperson, responsible person or other person for the purpose of achieving orobtain of an advantage for himself or for illegal profit for his/her self or anyother person” (Law No. 03/L-159 on Anti corruption Agency: art.2).In the Republic of Kosovo, based on details of reports and other studies,published during 2008-2010, concerning situation survey, public perception,causes and consequences of corruption, it is obvious that corruption is stillwidely spread and represents a major challenge for the new state, resulting inthe deprivation of rule of law and reform implementation, as well as majorobstacle in economical development and democracy in Kosovo (KosovoAnti-corruption Strategy 2009-2011: 4). It also represents a country with abad image in the world. The <strong>European</strong> Commission in the Progress Reportfor Kosovo, published recently, has identified numerous gaps anddeprivations in the political fields, including public administration andpolitics against corruption (Progress Report from <strong>European</strong> Commission forKosovo 2010). In particular, it is estimated that civil servants are stillaffected by political interferences, corruptive practices and nepotism.Concerns are raised also for the transparency of the work of the Assembly,weak cooperation among Government and Ombudsperson, independenceand inefficiency of law enforcement authorities and judiciary dealing incases in<strong>vol</strong>ving corruptive actions (Kosovo Anti-corruption Strategy 2009-2011: 4). Also, in the field of economic development, corruption is specifiedas a major interference in the development of economic activity (KosovoAnti-corruption Strategy 2009-2011: 4). This is related to numerousproblems concerning the corruption situation and the lack of application of<strong>European</strong> standards in certain fields such as taxes, competition, publicprocurements, information associations and media, financial control, fightingmoney laundering, drugs and organized crime as well as police activity.In the view of the Early Warning Report organized by the United NationsDevelopment Program (UNDP) in Kosovo, for 2009, corruption is listed thefifth among the major problems, which are facing Kosovo (Early WarningReport 2009). Pursuant to this report, institutions which have the highestlevel of corruption in Kosovo are: Kosovo Energy Corporation, KosovoTrust Agency, Customs, Kosovo Post and Telecommunication, CentralAdministration, courts, health services and UNMIK Police. Details withinthe Annual Report 2009 of the Kosovo Corruption Agency providenumerous reported corruption cases, which are expanded in Kosovo Publicinstitutions and authorities (Anti-corruption Kosovo Agency Annual Report2009).61
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