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

Rexhep Gashi, Dr. sc.Pursuant to provisions of the Suppression of Corruption Law, the Head ofthe Kosovo Anti-corruption Agency is the Director of the Agency, who shallrepresent, lead and organize the work of the Agency and, in accordance withthe law, shall carry all other powers and responsibilities of heads of the body(Art.12). This law also sets forth procedure to appoint and discharge theDirector of the Agency. The Anti-corruption Law contains provisions relatedto conflicts of interest: acceptance of gifts; supervision of assets, dataprotection and storage, record keeping, confidentiality of information and theprovisions referred to administrative sanctions.Law on Anti-Corruption AgencyLaw No. 03/L-159 on Anti-Corruption Agency, which entered into forcein 2010, contains important provisions, which refer to the status andresponsibilities of the Anti-Corruption Agency, in the field of combat andprevention of corruption, especially in the field of reporting, detection andinvestigation of corruption, implementation of strategy and Anti-CorruptionAction Plan. Pursuant to this law, the Agency is an independent body andspecialized to implement state policies to combat and prevent corruption inKosovo (Art. 23). The Agency has the following competences: 1. Initiatesand undertakes the detection and preliminary investigation procedure ofcorruption, and forward criminal charges if, for the suspected cases ofcorruption in competent public prosecutors office, if for the same case thecriminal procedure has not been undertaken; 2. Cooperates with local andinternational institutions that have as a mission fighting and preventingcorruption; 3. In cooperation with the Commission, Government, otherInstitutions and non-government organizations prepares Strategy againstcorruption and action plan; 4. Monitors and supervises the implementation ofthe Strategy against corruption and action plan; 5. Supervises and preventscases of conflict of interest and undertakes the measures as foreseen by aspecial Law; 6. Supervises the property of senior public officials and otherpersons, as required by special Law; 7. Supervises the acceptance of giftsrelating to the performance of official duty and undertakes measuresforeseen by Law; 8. Cooperates with public authorities responsible fordrafting, implementation and harmonization of legislation for combating andpreventing corruption; 9. It is represented in international meetings that haveto do with combating and preventing corruption and takes part in the processof negotiations to conclude bilateral and multilateral agreements or theadoption of international legal instruments against corruption; 10.Cooperates with the competent institutions of the Republic of Kosovo for the66