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

SEEU Review Volume 6, No. 2, 2010Legislation and Other Legal Acts of Kosovo,in the Prevention and Combating of CorruptionAfter the end of the war in Kosovo and its liberation, pursuant toResolution no. 1244, of the UN Security Council, date 10 June 1999, inKosovo was deployed an international, civilian and military presence. Withthe introduction of the United Nations Mission In Kosovo (UNMIK),naturally Yugoslav legislation ceases to apply, respectively Serbianlegislation in Kosovo. During the post war period, Kosovo faced aninstitutional and legal vacuum, as a consequence of the lack of laws. Aimingto supplement the legal vacuum in post war Kosovo, UNMIK commencedthe promulgation of legal acts in the form of UN regulations. Among first ofthese regulations was Regulation no. 1999/1, 25 July 1999 “On the Authorityof Interim Administration in Kosovo”. Whilst, aiming to avoid lack of legalacts for the post war period in Kosovo, UNMIK promulgates Regulation no.1999/24, date 12 October 1999 “On the applicable law in Kosovo”, wherepursuant to article 1, clause 1.1, applicable law in Kosovo include:Regulations promulgated by the Special Representative of the SecretaryGeneral (SRSG) of UN and supporting instruments rendered in pursuit withthose regulations, as well as applicable legislations in Kosovo, on 22 March1989 (UNMIK Regulation No. 1999/24). Pursuant to this regulation, in caseof conflict among these two legal acts, regulations and supportinginstruments rendered in pursuit with these regulations shall prevail. In thepost war period in Kosovo, meanwhile the need to build the new Kosovolegislation was laid down, which would be in accordance with internationalstandards of developed countries. In this aspect, important codes and lawshave been drafted and approved in the field of prevention and combat ofcorruption in Kosovo. Laws and other legal important acts in this field areparticularly approved after promulgation of independence of Kosovo, on 17February 2008.Herein, briefly will be presented and analyzed several better knownapplicable acts in Republic of Kosovo, which are related to corruption inKosovo, as well as regarding its prevention and combat.63