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

Rexhep Gashi, Dr. sc.Suppression of Corruption LawLaw No. 2004/34 Suppression of Corruption Law is one of the first andspecial importance laws in the field of prevention and combat of corruptionin Kosovo. This Law foresees anti-corruption measures, particularly in thefield of administrative investigation of public corruption, eliminating thecauses of corruption, the incompatibility of holding public office andperforming profit-making activities for official persons, restrictionsregarding the acceptance of gifts in connection with the execution of office,supervision of personal assets and those of persons from their domesticrelationship, and restrictions regarding contracting entities participating inpublic tenders conducting business transactions with firms in which theofficial person or person from his/her domestic relationship is involved(Art.1). With this law several important definitions are given as follow:“corruption”, “official person”, “responsible person in legal entity”, “seniorofficial person”, “domestic relationship”, “serious corruptive offence”,“personal advantage” etc. Pursuant to this law, “senior official person” shallmean: the President of Kosovo, the Prime Minister, the Chairperson andmembers of the Parliament, Ministers, and Secretaries of the Government,permanent Secretaries, and Directors of offices within ministries, judges andprosecutors as well as international senior officials (Art.2).With the Suppression of Corruption Law, for the first time in Kosovo,was established the Anti-Corruption Agency, as an independent andspecialized body for combating and preventing corruption, and thecoordination of anti-corruption policies in Kosovo. This Agency wasestablished in July 2006 and started functioning on 12 February 2007(Kosovo Anti-corruption Agency (Brief description) 2009). The purpose andwork of this agency is focused on the detection and investigation ofcorruption cases, efforts in prevention and combating corruption, to assistthe building of healthy and advanced society based on the state of law. TheAnti-corruption Law details the authorities of the Anti-Corruption Agency aswell as the internal organization of this agency. The work of the Anti-Corruption Agency is supervised by the Council of the Agency, which is apanel comprised of 9 (nine) members: 3 (three) of which are appointed bythe Assembly, and 1 (one) representative appointed by each of the followingoffices; the President’s Office, Government, Supreme Court, PublicProsecutor’s Office, local authorities and civil society (Suppression ofCorruption Law: art.19). Agency Council members have a mandate of twoyears of duty and may be reappointed. Pursuant to provisions of this law theAgency Council shall be given regular and complete inspection of the64