EXAMPLES OF ANTI-CORRUPTION ASSESSMENT
1. Forest Law of the Republic of Lithuania
Situation: STT assessing the proposed amendments by the Seimas of Forest Act in relation to forest land conversion.
Remarks: STT noted that the draft does not introduce anti-corruption mechanisms sufficiently transparent and clear criteria by which it can permit to change uses of forest land for residential land to form and restore the former homesteads. Also, in the provisions of the draft, was an unclear setting mechanism that on private land was house, so the situation may have contributed to the falsification of data about the remains of former homesteads and to enable civil servants or persons treated as the abuse of power[1]
2. Law on Public Procurement of the Republic of Lithuania
Situation: STT assessing the Law on Public Procurement’s amendment in the proposed draft related to with centralized public procurement.
Remarks: STT proposed to establish centralized procurement obligation in the law, as well as the abstraction formulation of provision (evaluative nature), which allows the abuse of the exceptions, and considering that the centralized public procurement binding enhance transparency in public procurement and reduce the abuse of assumptions, proposed to establish a more rigorous legal regulation through the Central Procurement Associations, submitted potential formulation of such statutory provisions[2].
3. Law on Public Procurement of the Republic of Lithuania
Situation: Seimas by the draft legislation proposes to supplement the current Law on Public Procurement. There is a possibility to terminate the contract in the draft legislation if the contract supplier failed to supply of goods or services or the quality of work and have been made a decision on the supply of goods, services or construction quality violations. Also there is a formulation that the public procurement contract – “can be terminated”.
Remarks: the formulation "may be terminated" in the draft legislation is ambiguous and flawed because it is not clear in what circumstances and to whom will be given the right to decide to terminate the contract. In order, to avoid these situations in the different interpretations, provisions of the draft legislation are proposed to adjustments. Also using the term "quality control authorities' decision" in the draft legislation - is unclear - not clear to what extent and quality control of the authority to decide that the supplier has made the supply of goods or services or the quality of work carried out by the breach. STT proposes to adjust the formulation to avoid ambiguity[3].
4. Health care institutions concluded a contract with the National Sickness Fund for supervising the activities of the Procedure
Situation: STT performed by individual health care institutions concluded a contract with the National Sickness Fund for supervising the activities of the Procedure for assessment.
Remarks: STT found that the provisions setting the older expert’s rights and obligations in terms of anti-corruption is flawed, because it is not clear what the older expert can choose to perform what he has to do. Also reading the results of the inspection meeting can take place if it is attended by the majority of people have completed the procedure for monitoring and the head of the institution about the meeting shall be notified in writing no later than 10 working days before the meeting. From the word "most" is not clear how the number of individuals is mandatory in order for the meeting to take place. In addition, the words ‘may be’ are also ambiguous because it is unclear when the meeting may not take place, although it participates “in most of the "control person who carried out the procedure, as well as what is in the case of a decision of un-meeting[4].
5. Law on Pharmacy of Republic of Lithuania
Situation: Seimas of the Republic of Lithuanian by the draft on Pharmacy Act offers to supplement articles, which would allow non-prescription pharmaceutical products sold in retail outlets to residents and activities will be not licensing. Health’s Minister will approve a list of non-prescription medicines. By the project also is proposed to refuse restriction the activities of several subjects of pharmacy in the same building.
Remarks: 1) If the subjects are allowed to trade in medicinal products in retail outlets occurred a flawed situation where some pharmacies engage in the activity subjects requires a license, while others - not. 2) From the provisions of the draft is not clear what criteria would be selected for treatment to trade in the retail trade and ensure a safety. 3) We have an anti-corruption assessment report, where we offer to consider implementing legislation and the development of their drafts in order to reduce the margin of discretion entities[5].
6. Law on deep earth of the Republic of Lithuania
Situation: Seimas‘s Anti-Corruption Commission asks STT to evaluate the supplement draft of the Law on deep earth. STT analyzed the draft found that in the project emphasized that in all cases is prepared plan for using the deep earth, the content of the plan is determined by the government.
Remarks: performed the anti-corruption assessment revealed that in the draft is not set deep earth procedures of plans use and coordination, not set legislation, which is drawing up plans, also isn‘t clear this plants relationship with the spatial planning legislation. It follows that the procedures of deep earth plan preparation will be not transparent. STT offers this procedure to improve[6].
7. Law on Official Ethics Commission of the Republic of Lithuania
Situation: Seimas of the Republic of Lithuania by the Law on Official Ethics Commission draft supplementing proposes to create preconditions for the Ethics Commission to work more efficiently and effectively. By the draft is proposed to commission’s member - a candidate to set 5 years of service.
Remarks: there isn‘t specified the ratio of required work experience with the duties of Comission‘s member. In order to the transparency, proposed to determine what type of experience needed to take the Commissioner's office. The draft also provides for the member of Commission shall not have the right to publish opinions or comments, to bring in the deliberation room, and to to make public results on the voting outcome. STT believes that to ban express their opinions – it means to reduce transparency and publicity[7].
8. Law on Immovable Estate Brokers
Situation: by the article 23 of draft was aimed at to clarify to regulate status of Immovable estate brokers House of Assembly.
Remarks: there isn‘t enough set the general competence of Immovable estate brokers meeting, not to impose necessary number of members, at which a general Immovable estate brokerage meeting can be valid, not to impose decision-making procedures, also the decision-making procedure where not gather the quorum, so it must be concluded that general Immovable estate brokerage members meeting and decision-making procedures isn‘t enough regulated, the STT proposes to improve these provisions[8].
1
[1] STT‘s official page, http://www.stt.lt/documents/ivertinti_teises_aktai_2012/2012_10_26_misku_istatymo_projektas.pdf.
[2] STT‘s official page, < http://www.stt.lt/documents/vertinti_teises_aktai_2011/2011_03_31_viesuju_pirkimu_istatymo_15_str.pdf >.
[3] STT‘s official page, < http://www.stt.lt/lt/menu/korupcijos-prevencija/teises-aktu-antikorupcinis-vertinimas/viesieji-pirkimai/>, 19 05 2014 assessment.
[4] STT‘s official page, http://www.stt.lt/documents/ivertinti_teises_aktai_2013/4-01-6841_VLK.pdf.
[5] STT‘s official page, <http://www.stt.lt/documents/ivertinti_teises_aktai_2014/farmacijos_ist_nereceptiniai_vaistai.PDF>.
[6] STT‘s official page, < http://www.stt.lt/documents/vertinti_teises_aktai_2011/2011_05_09_zemes_gelmiu_istatymas.pdf>.
[7] STT‘s official page, < http://www.stt.lt/documents/ivertinti_teises_aktai_2014/VTEK_4-01-66.pdf>.
[8] STT‘s official page, < http://www.stt.lt/lt/menu/korupcijos-prevencija/teises-aktu-antikorupcinis-vertinimas/teritoriju-planavimas-ir-statybu-valstybine-prieziura/>, 01 04 2014 assessment.