APPROVED

By the director of Special Investigation Service, April 4, 2013 the date of the order No. 2-117.(By the director of Special Investigation Service, March 18, 2014 the date of the order’s wording No. 2- 78)

ANTI-CORRUPTION ASSESSEMENT PROCEDURE OF EXISTING OR DRAFT LEGISLATION IN SPECIAL INVESTIGATION SERVICE

  1. GENERAL PROVISIONS
  1. This an anti- corruption assessment description of procedure of a law or a draft legislation in Special Investigation Service (further STT) determine employees of STT prevention of Corruption article 8 carried out in the law or the draft legislation anti-corruption procedures for assessing the STT.
  2. The anti- corruption assessment procedure of law or draft legislation of STT fulfill STT’s employees of Corruption Prevention Board anti-corruption department of evaluation (further assessors of legislation or draft) when they give order accordance this procedure.
  3. When STT perform anti- corruption assessment procedure of law or draft legislation, it can analyze anti- corruption assessment procedure of law or draft legislation performed by other state or local government, also if need STT can provide comments and suggestions these institutions about their carried on anti-corruption assessments.
  4. Terms used in the description of the procedure
  5. Act - a legal act of the Republic of Lithuania regulating social relations, the Republic of Lithuania Law on Prevention of Corruption 8 paragraph 1.
  6. Draft legislation - the draft legislation of the Republic of Lithuania, which provides for the regulation of social relations in the Republic of Lithuania Law on Prevention of Corruption 8 paragraph1.
  7. Anti-corruption assessment of legislation or draft - assessment of law or draft legislation seeking to identify existing and anticipated regulatory weaknesses that might allow of corruption, as well as handle unfair, wrong, non-transparent, biased.
  8. Legislative draftsman – entity who prepared draft legislation (person, persons or working group).
  1. Anti-corruption assessment of law or draft legislation includes selection legislation or draft, evaluation of anti-corruption, consultation and coordination with the initiation of the anti-corruption body for the assessment, legislation adopted as its acceptance has initiated the state or municipal agency, authority or legislative project promoters by reason of the evaluation of anti-corruption, referral to other specialist units of STT, the answer to this description of the procedure set out in Annex 1 issues, preparation of the report ( annex 2) on anti-corruption and anti-corruption assessment initiated the provision of entity, legislation has taken its acceptance took the initiative state or municipal agency or legislative project promoter, or for the director of STT, or for the director’s deputy of STT, publication of the Office of the Republic of Lithuania law information system ( further – TAIS), anti-corruption assessments of ​​legislation or draft made by STT in database (further – database), repeated act, or its evaluation of the performance of an anti-corruption project.
  1. SELECTION OF LEGISLATION OR ITS DRAFT
  1. STT evaluate its own initiative selected, it is also the President of the Republic, the Chairman, the Prime Minister, the Parliamentary Committee, Commission and Group assessed the anti-corruption approach law or draft legislation.
  2. Evaluators of law or draft legislationlooking foractsorprojects that arepotentiallyflawedin terms ofthe Prevention of Corruption determinedbythe director of STT ofcorruptionpreventionpriority directions.
  3. Evaluators of lawor draft legislationfound theactorproject , which ispotentiallyflawedin terms ofthe prevention of corruption, offer theChief ofCorruptionPrevention Board of STT or (STTCorruptionPrevention Boardon a proposal fromthe Chief) deputy director of theSTT, if his absencethe director ofSTTto decideto carry outthisact oritsanti-corruptionprojectevaluation. To conduct in terms ofanti-corruptionlegislation or draft assessed may be proposed byotheremployees of STT, that performingthe functions ofoffice, reason to believethat appropriate act or draft or regulations ispotentiallyflawedin terms ofthe Prevention of Corruption.
  4. The director of STT, the deputy director of STT or the head ofthe Prevention Board of Corruption of STT, received procedureofthe proposal referred toin paragraph 8 ofthe act or to conductits assessment or on its own initiative to accept a decision on legislative proposalor proposal foran anti-corruptionassessment and assign the Board of the Prevention of Corruption Anti-Corruption Unit of STT to carry out the evaluation of the act or the anti-corruption project evaluation.Thedirectorordeputy director ofthe STT assignactor draftofthe anti-corruption, when get of thePresident of the Republic,Prime Minister, Parliamentary Committee, Commission, Fractionprovisionof the act to performtheevaluation of act or its draft.
  1. ANT- CORPTION ASSESSEMENT OF THE EXISTING OR DRAFT LEGISLATION
  1. The director of Boardof CorruptionPreventionDivision ofAnti-CorruptionAssessment of STT, if his absence, theExecutive Head ofthe Prevention of Corruption of STT delegate assessor to carry out anti-corruption assessment of the act orthedraft legislation by thedescription of the procedurereferred toin paragraph 9 ofthe decisionorthe order.
  2. If the actorthedraftis a large-scale an anti-corruptionassessment mayberesponsible for leadingtwolaw ordraftevaluators.
  3. Evaluator of legislative or draft, the performance of the legislative or the draft of anti-corruption assessment:
  4. analyzeits contents, to answer to this order procedure in Annex1, describes theissuesandhavingtheexperienceof STTpredictsthatthe act orthe provisions ofthe draft legislationisflawedin terms ofprevention of corruption;
  5. if need consultwiththe promoters of act or draft legislation, other specialists, initiate an appeal tothe FirstBoard of STT or other entitiesfor thereceipt of the information. This informationactor proposalassessorprovided withinagreedtime limit.
  6. Answering the questions, the assessor of act or its draft legislation:

13.1Take into account theexisting legalregulation andpublicrelations in thefield;

13.2Predictthe impact oflegislationorproject will have apublicrelationspoint of view ofprevention of corruption

13.3 assessing the current law, take into account the legislation and the practice of the difficulties identified corruption cases and to which specific provisions of the instrument allows for corruption

13.4Take into account thelegal systemand otherlegislation;

13.5Assess whether the provisions of the actorthe draft is consistent withthe relevantarea of​​legislation and(or) them individually;

13.6Take into account whether or not the act or the draft legislation determines the entities whose activities are governed by the rights and duties defined by their competence;

13.7 As far as possible, analyzes the cause of the law or the draft legislation in detail;

13.8Receive(ifneeded for official purposes) otherSTTunitsavailable information, necessary to assessment the anti-corruption lawordraft legislation;

13.9Assesses whether thelaw ortheproject determines thecontrollingentitydefines theforms of control, to determine whethercontrollingthe rights andgiving bodyis the same person.

  1. Anti-corruption assessment of the lawor thedraft legislationcarried outfor no longerthan15 workingdays. The Anti-corruption assessment of the act orthedraft legislationstarts and ends ofgivingthe orderdetermined bythe Board ofthe Preventionof Corruption of Anti-CorruptionAssessment DivisionChief of STT,in his absence, Chief of the Departmentof CorruptionPrevention of STT. If the order to perform the anti-corruption evaluation of the act or its the draft legislation, entity refers to another term this may not be less than 3 working days. Anti-corruption evaluation of lawordraftlegislation period maybeextended by 10 workingdays ofthe orderto carry out anti-corruption evaluation ofthe law or draft legislationofficerby a decision, unless(for example, the assessor of the act or its draft legislation temporarydisability, vacation, business trip, does not provide informationnecessarythe act ortheanti-corruptionassessment, andso on.), theterm deputy director of STTin his absence, the director ofSTTdecision may beextendedfor a longerperiod of time.

IV. ANTI-CORRUPTION ASSESSEMENT CONCLUSION OF EXISTING OR DRAFT LEGISLATIONREPORTING, CONSISTENCYANDPROVISION TO SIGN

  1. The Evaluator of the law or the draft legislation, after he have done the anti-corruption assessments, draw up an anti-corruption assessment report and fill in Annex 1 of the procedure, which projects is combined with procedure 16, 17 points.
  2. The conclusion of project of anti-corruption andthe Procedure’s projectof Annex 1, in line with theBoardof CorruptionPrevention ofAnti-CorruptionAssessment DivisionChief ofthe Prevention of Corruption of STT andthe head ofthe board, where one of theirordersby e-mail are to coordinateanti-corruption assessmentinitiated theentityand(or) the promoter of act or its draft legislation. Submitted a project of anti-corruption assessment findings by e-mail to coordinate anti-corruption assessment initiated entity and (or) the act or the project promoter and:
  3. within the prescribed periodwithoutcommentand(or) proposalssuggested that theanti-corruptionassessment’s findingsandobservationsof the project(or) no suggestions;
  4. within the time limitsobtainedobservationsand(or) proposals, the assessorofthe legislation or its draft evaluateitand decidehow totake them into accountordisregarded.
  5. Findings of the anti-corruptionassessment project is combined, signed andsent to therecipients ofSTT's rules of procedure.
  6. Evaluatorof law or draft legislation its draft anti - corruption assessment conclusionimmediately, but no laterthanoneworking day afterthesigning andregistration ofthe document managementsystemSTTdate, publishTAISandthe procedureannex 1in data bank.
  7. A conclusion of anti-corruption assessment is given a subject and a promoterwho initiated the act or the project, and if anti-corruption assessment was conducted STT initiative - the promoter of the draft legislation and (or) its acceptance took the initiative state or municipal agency, authority, the other with anti-corruption assessment involved, which refers to the evaluator of act or the draft legislation.
  8. STT on its own initiativeaftercorruption assessment, but in the absenceof corruptionpreventionperspectiveflawedprovisions, deputy director of STTin his absence, the director ofSTTdecision - anti-corruptionassessment’sreport maynot be published in TAIS and(or) don’t sent tothis procedurein paragraph 22, that shows recipients ofthe anti-corruptionassessment conclusion, but also filled withthe procedureAnnex 1publishedin the data bank.
  9. This procedure in paragraph 22 of the recipients of anti-corruption assessment findings are requested within three months from the date of receipt of the assessment of anti-corruption information STT about, as taken or not taken on an anti-corruption assessment concluded the comments and suggestions.

V. RE- EVALUATION

  1. STT on its own initiative, or President of the Republic, Chairman of the Seimas, Prime Minister, Parliamentary Committee, Commission, Groups can make provision of the draft legislation the re-evaluation of anti-corruption, the draft legislation, the anti-corruption assessment has already been carried out, there is a substantive change.
  2. STTre-evaluation draft legislation, the assessor of the act or the draft legislationanti-corruption’sactevaluation carried out bytheprocedure laid down, as well as assess whether thedraft legislationchangedaccording to theSTTbyan anti-corruptionevaluation commentsand suggestions.
  3. Ifthe comments and suggestions, which werespecified in the originalanti-corruptionassessment concluded, were nottaken into accountthe lawor draft legislationevaluatormay thenselectan anti-corruptionassessment concludedrepeatedlyperformedcorruption assessment.

VI. FINAL PROVISIONS

  1. If duringtheanti-corruptionassessmentshavenot mentioned questions in this procedure, when the executive Head ofthe Prevention of Corruption of STT decides himself.
  2. Employees of STTforthisviolation ofthe provisions ofthe procedure responsible by legalacts.

Anti-corruptionassessment of acts or draft legislationofthe LithuanianSpecial InvestigationService, ProcedureAnnex 1

NAMEANDNUMBER OF ACT OR DRAFT LEGISLATION[[1]]___

Anti- corruption assessment of acts or draft legislation performance framework: ______

The beginning of anti-corruption evaluation of the law or its draft legislation: ______

The endof anti-corruption evaluation of the law or its draft legislation: ______

QUESTIONS

Question No. / Question / Analysis of the question
1. / Do the objectives align with the provisions of the law?
2. / Does the regulatory scope of the law sufficiently cover the relevant area?
3. / Does theset with theanticipatedregulatoryassumptionsis not setto profitfor the account?
4. / Are there any obvious gaps that will allow ambiguous interpretation?
5. / Are there adequate enforcement mechanisms, and rights and obligations defined for the implementing entities?
6. / Are sanctions foreseen for cases of violation?
7. / Are there legal act implementation activities of entitiesand procedures ofcontrol?
8. / What considerations influenced the preparation of the law?
9. / Are the solutionsexpectedand(or) will bemade ​​publicly available?
10. / Do not alterthe transparency because of fixed, predictable legal framework?
11. / Does predictable legal frameworknot create additionalconditionsfor corruption, as well as acted in bad faith, illegal,non-transparent, biased?
12. / Does the law provide the power to only one entity to grant benefits?
13. / Are there any mechanisms of control over the stakeholders?
14. / Does the law provide a transparent decision – making process?
15. / Other relevant issues_[2]:

[2]Examples:

1)Does the law expand the power of supervision?

2)Does the law increase or restrict access to markets?

3)Will have an act or draft legislation an impact on the distribution of the economic benefits that will result in additional cost to the entity?

4)Does the law foresee less decision- making process?

5)Have a detailed set of peer institutions, operations, upgrade, and the procedure for appointing the members?

6)Does the law foresee the possibility and grounds for appeal?

7)Is there a possibility of appeal against the decision and who?

8)Do the existing or anticipated regulatory decisions on permitting, performance monitoring and sanctioning adopt the same body or officer?

9)Does the law increase public officials ‘risk of a conflict of interest?

10)Does not invalidate the powers of persons with an official certification of volatility or other business or professional knowledge check?

Anti-corruption assessment of law or draft legislationofthe LithuanianSpecial InvestigationServiceprocedure, Annex 2

(The form of anti-corruption findings of law or draft legislation)

(Documentcompiled by)

(Address)

CONCLUSIONOF THEASSESSMENTOF ANTI-CORRUPTIONLAW OR DRAFT LEGISLATION

(summary‘s of the law or draft legislation title)

(Data) (Registration number)

Following theLithuanianLaw on Corruption Preventionof Article 8[2]______

(noted that the anti-corruption assessment is perfomed of its own initiative, or (and) according to the President of the Republic Prime Minister, Parliamentary Committee, the Commission for the provision of group, individual or institution request) have done the anti-corruption assessment ofact(s) or its draft legislation(s).______

(indicate the exact act or darft legislation name, the number, if necessary - its short)

Performing the anti-corruptionevaluation of law or draft legislation, found,______

(indicated how law or its draft legislation has been assessed in accordance with thep procedure 12 and 13, the provisions of paragraphs)

After the anti-corruptionassessment of law or draft legislationprovide the followingcomments andsuggestions:

1. ______

2. ______

3.______

After theevaluation ofanti-corruption, it must be concluded, that ______

( to indicate the evaluated law or its draft legislation name, number or abbreviation)

provisions ______.

(for example., flawed anti-corruption, abuse consists of assumptions, reduces transparency and so on.)

Please through three months of anti-corruption assessment findings to inform the date of receipt of STT, how has been taken or not taken on the conclusion of the assessment of anti-corruption proposals (requested act or the promoter and (or) its adoption has initiated a state or municipal authorities).

(Duties) / (Signature) / (Name and surname)

(Authorshiplink)

1

[1]1) Evaluatedactordraft legislationlink to TAIS
2) Anti-corruption assessmentof law or draft legislationlink to TAIS

[2]Anti-corruption assessment procedures are set out in anti-corruption assessment of law or draft legislation of the Lithuanian Special Investigation Service Description, Lithuania approved by the Special Investigation Service Director ______m. ______Days. Order No. ______nn the legislation or draft anti-corruption assessment of the Lithuanian Special Investigation Service Procedure for approval.