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Regulatory Corruption Risks - Part 1
Regulatory Corruption Risks - Part 1
Regulatory Corruption Risks - Part 1
3.1 Definition
Regulatory corruption risks are defined for the purpose of this methodology as follows:
“Regulatory corruption risks are existing or missing features in a law that can contribute to
corruption, no matter whether the risk was intended or not”.
Corruption includes all forms as targeted by the United Nations Convention Against
Corruption: criminal acts (bribery), trading in influence, abuse of function, embezzlement,
violating provisions concerning conflict of interest, favouritism and improper party financing.
As for the statutes, bylaws and all other different levels of legal instruments, this methodology
will use the uniform expression “laws”, if not indicated otherwise. It refers comprehensively
to the “system of rules which a particular country or community recognises as regulating the
actions of its members and which it may enforce by the imposition of penalties”.
Stakeholders contributing to the drafting and adoption of a law may either intend to create
corruption opportunities for themselves and/or others or are unaware of the risks they create
through bad legal wording or through not fully considering what the law could also do to
prevent corruption. Different stakeholders have different opportunities, intentionally or
through negligence, to cause the incorporation of regulatory corruption risks at each stage of
the law making process. This applies to the following:
Ultimately, there are just two categories of regulatory corruption risks: “ambiguity” and “a
lack of preventive mechanisms”.
Регулаторни корупционни рискове
3.1 Определение
съставителите на закона;