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LIETUVOS RESPUBLIKOS SEIMAS Official translation SEIMAS OF THE REPUBLIC OF LITHUANIA RESOLUTION ON THE APPROVAL OF THE NATIONAL ANTI-CORRUPTION PROGRAMME OF THE REPUBLIC OF LITHUANIA 17 January 2002 No IX-711 (As last amended on 12 January 2006 – No X-486) Vilnius The Seimas of the Republic of Lithuania, invoking paragraph 1 of Article 5 of the Law on the Basics of National Security (Valstybės žinios (Official Gazette), 1997, No 2-16; 1998, No 55-1520) as well as subparagraph 9 of paragraph 1 of the plan approved by Seimas Resolution No VIII-1723 of 8 June 2000 “On the Plan of Development and Implementation of Long-term State Security Strengthening Programmes” (Official Gazette, 2000, No 48-1381; 2001, No 82-2837), regarding corruption as a threat to the political system, civic society and national security and being aware of the necessity for state institutions to implement a targeted and effective anti-corruption policy, r e s o l v e s: Article

  1. To approve the National Anti-Corruption Programme of the Republic of Lithuania (appended). Article
  2. To propose that the Government, in conjunction with the Special Investigation Service, organises the implementation of the Implementation Measures Plan of the National Anti-Corruption Programme of the Republic of Lithuania. SPEAKER OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA ARTŪRAS PAULAUSKAS APPROVED the Seimas of the Republic of Lithuania 17 January 2002 Resolution No IX-711 NATIONAL ANTI-CORRUPTION PROGRAMME OF THE REPUBLIC OF LITHUANIA
  3. GENERAL PROVISIONS 1.
  4. With a view to implementing radical corruption prevention measures as well as eradicating, in a complex manner, the reasons for this negative social phenomenon, it is necessary to consolidate the system of law enforcement and other state institutions, promote a closer co-operation of these institutions with the public and non-governmental organisations, raise the civic awareness of public and foster its intolerance towards negative phenomena. 1.
  5. Manifestation of corruption in the civil service as well as other public and private sectors has a detrimental effect on democracy, economy and the legal system; therefore, the measures developed to combat corruption must be consistent, comprehensive and long-term. A particular emphasis must be placed on the prevention of manifestations of corruption, implementation of the principle of unavoidable liability for unlawful actions, fostering of intolerance of the public towards this phenomenon as well as development of international co-operation on anti-corruption. 1.
  6. This Programme will help to join the efforts of all institutions towards development of anti-corruption activities by implementing laws of the Republic of Lithuania, ratified international conventions and concluded international treaties relating to the prevention of corruption. The importance of the development and implementation of the Programme for Lithuania while integrating into the European Union (hereinafter referred to as the “EU”) is emphasised in the 2000 Regular Report of the Commission. 1.
  7. The combating of manifestations of corruption may be successful only provided a long-term programme is based on universally acclaimed components: prevention, investigation of offences, education of the public and its support. It must be noted that positive results are achieved only provided the said components are implemented as a whole. 1.
  8. The measures provided for in this Programme must be in line with the solution of social problems and protection of the public against the existing and emerging sources of corruption. In addition, full protection of the universally recognised human rights and freedoms is necessary without violating the presumption of innocence. 1.
  9. Anti-corruption initiatives shall correspond to expectations of every person and society at large, therefore, public support for the implementation of anti-corruption measures, closer co-operation of state institutions with non-governmental and international organisations as well as other persons should be promoted in all possible ways. Intolerance of the public towards corruption should be taught at schools of general education as a special curriculum related to other educational and training curricula.
  10. ANALYSIS OF ENVIRONMENT Preconditions for Corruption 2.
  11. Preconditions for corruption may be listed as follows: 2.1.
  12. general social (unemployment, shortcomings of the health insurance system, low salaries of civil servants, etc.); 2.1.
  13. legal (shortcomings of, frequent amendments to and discrepancies between legal acts, impunity, shortcomings of control mechanisms, witness protection programmes, legal procedures and measures, procedures for the appointment and dismissal as well as removal from office of officials, absence of professional codes of conduct in the civil service, etc.); 2.1.
  14. institutional (the rotation principle and the motivation-driven system of career development are not applied in all institutions; internal and external audit systems are underdeveloped; the process of decision-making is not sufficiently transparent; preconditions for corruption have not been eliminated in respect of the procedure for appointing heads of the undertakings in which the State holds a majority share and establishment of their responsibility); 2.1.
  15. lack of civic awareness (the public’s stance on corruption is vague and controversial, lack of opposition to corrupt civil servants or passivity of citizens in anti-corruption activities); 2.1.
  16. influence of external factors (emergence of international corruption, failure to provide proper conditions for a fair competition of individual economic entities, specific nature of cross-border smuggling and corruption, etc.). Level and Prevalence of Corruption 2.
  17. According to the Department of Information Technology and Communications of the Ministry of the Interior, 1530 crimes against the civil service were registered over the period from 1995 to 2001, including 388 instances of bribe-taking and 1142 other crimes against the civil service. 2.
  18. In the Corruption Perceptions Index of the international non-governmental anti-corruption organisation “Transparency International”, Lithuania has moved from the 50th position in 1999 to the 38th in
  19. This survey is based on generalisation of the results of 12 annual international corruption surveys, i.e., interviews of the experts having the experience of co-operation with different countries and, primarily, the international polls organised by the famous Gallup Organisation as well as assessments of other well-known economic, political and scientific institutions. 2.
  20. A 1999 World Bank report “Coping with Corruption in Transitional Economies” placed Lithuania together with Russia, Slovakia and the Czech Republic according to the index of administrative corruption (when civil servants intentionally distort laws or other legal acts with the intent to derive an unlawful personal benefit). According to the level of state capture, Lithuania occupies the second place among the Baltic States (with the first place occupied by Latvia and the third place – by Estonia) together with Poland, Kazakhstan and the Czech Republic. 2.
  21. Corruption crimes have a high coefficient of latency, because the parties to a transaction are interested in keeping the fact of corruption secret. The mentioned data make it difficult to establish an accurate corruption perception index, therefore, it is essential to annually conduct a thorough criminological survey of the level and prevalence of corruption in specific public sectors. 2.
  22. The spread of corruption is not even within the State, and the success of combating corruption depends on the accuracy of mapping out the areas affected by corruption in state government and administration among civil servants and officials as well as in the private sector. A more realistic extent of corruption in Lithuania may be identified by continuously analysing the results of polls of society’s various social groups as well as the performance of law enforcement institutions. 2.
  23. A poll of Lithuanian residents conducted at the end of 2000 by the market research and public opinion company “Baltic Surveys” regarding the problem of corruption in the country shows that 13% of the Lithuanian residents regard corruption as an unavoidable and insoluble problem, whereas 76% believe that it is possible and necessary to solve the problem of corruption: 41% of the Lithuanian residents are in favour of resorting to the most severe anti-corruption measures, including undemocratic methods; 21% are in favour of combating corruption by all possible democratic means, and 14% agree that it is possible to reduce the level of corruption in Lithuania to the minimum by tightening up the existing laws. The survey has shown that 24% of Lithuanian residents do not believe in the success of combating corruption or have no opinion on the issue, while 76% think that it is necessary to combat corruption. 2.
  24. According to a report “Does Lithuania want a political transparency?” drawn up in 2000 by the “Transparency International” Lithuanian Chapter on the basis of two projects, the most corrupt institutions are, in the opinion of Lithuanian residents, as follows: the customs (47% of the Lithuanian residents believe that it is very corrupt and 39% believe that it is corrupt), courts (27% and 48% respectively), the police (26% and 49%), the prosecutor’s office (23% and 47%), major companies (19% and 48%), the Seimas (18% and 45%), the Government (13% and 45%) and municipalities (12% and 41%). According to results of a survey conducted in 2001 by the company “Spinter”, corruption is most deeply-entrenched in the customs (in the opinion of 17% of the respondents), courts (16%), privatisation transactions (14%), and the traffic police (9%). 2.
  25. During an international victimological survey “Unlawful attempts to influence the work of judges and prosecutors in Lithuania” as conducted in Lithuania in 2000, 55% of judges and 75% of prosecutors were interviewed. Every eighth and every seventh of the respondents, respectively, said that they personally or their friends and family experienced tampering in the form of threats or attempted bribery. As many as 32% of the judges believe, on the basis of the cases they have heard, that corruption is widespread in Lithuania. 2.
  26. Another matter of concern is resignation of society’s more active social groups – the youth, residents with higher education and businessmen – to the phenomenon of corruption, even though it is a condemned one. 2.
  27. Upon summarising official statistics, findings of public opinion polls, mass media reports, the information provided by the institutions responsible for combating corruption as well as conclusions of the experts and organisations examining corruption in Lithuania, an assumption may be made that the most corrupt institutions in Lithuania are those of law enforcement, administration of justice, supervision and control. Prevention of corruption in appropriate institutions is one of the main tasks of each democratic country in order to ensure its social and economic development and reduction of corruption. Consequences of Corruption 2.
  28. Categorisation of consequences of corruption facilitates the understanding of diversity of the phenomenon and helps to avoid its oversimplification as well as select better anti-corruption measures. However, ever-changing and mutually related social, economic and political conditions both in Lithuania and in the world make accurate categorisation of consequences of corruption impossible. 2.
  29. Where corruption impairs public relations, its consequences may be divided into four groups: 2.13.
  30. economic (where corruption impairs the market economy, the efficiency of the country's economy and competitive powers of the market may be reduced, the quality of manufactured goods and services may be impaired, investment activity slows down, and trust of the business community in state institutions is lost, etc.); 2.13.
  31. socio-political (social tension arises and negatively affects the country’s economy and political stability; citizens lose their trust in the State and democracy as well as its principles; autocratic ideology becomes increasingly popular; political competition diminishes; preconditions for the spread of political corruption are created, etc.); 2.13.
  32. state government (the quality of public administration is impaired; an unofficial decision-making system emerges; links between organised crime and corrupt civil servants and politicians are strengthened, etc.); 2.13.
  33. international relations (manifestations of corruption undermine the country’s prestige, a part of potential investments is lost, etc.). Development of the Anti-Corruption Legal Framework 2.
  34. The key tasks of the Government in the areas of legislation and personal security as well as law enforcement including devoting particular attention to the drafting of the legal acts that would ensure efficient combating of corruption; building of a coherent and efficient system for combating corruption, smuggling and organised crime; employment of an effective prevention of corruption to ensure a more transparent and as open as possible activities of law and order and other state government institutions and officials; defining procedures of their responsibility to the public; preparation for the ratification of the 1999 Council of Europe Criminal Law Convention on Corruption and Civil Law Convention on Corruption as well as the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; implementation of a targeted and efficient anti-corruption policy. 2.
  35. Lithuania has passed a substantial number of the legal acts which may be classified as anti-corruption ones. They may be divided into the following three groups: 2.15.
  36. the laws providing for legal responsibility for acts of corruption: the Criminal Code, the Code of Administrative Offences and the Civil Code as well as the laws amending the mentioned codes; 2.15.
  37. other laws: the Law on Declaration of the Property and Income of Residents, Law on the Adjustment of Public and Private Interests in the Civil Service, Law on Public Procurement, Law on Public Administration, Law on Civil Service, Code of Criminal Procedure, Code of Civil Procedure, Law on Administrative Proceedings, Law on the Prevention of Money Laundering, Law on the Accounting for the Lawful Acquisition of Personal Property and for the Origin of Income, Law on Competition, Law on Lobbying Activities, Law on the Control of Funding of Political Campaigns, Law on Financing of Political Parties and Political Organisations, Law on the Special Investigation Service, Law on the Basics of National Security, Law on the Protection from Tampering of Participants of Criminal Procedure and Operational Activities, Judicial and Law Enforcement Officers, Law on Organised Crime Prevention, the laws amending the mentioned legal acts, etc.; 2.15.
  38. legal acts of the Seimas and Government as well as ordinances of the Prime Minister laying down specific measures for combating corruption: Seimas Resolution No VIII-1723 of 8 June 2000 “On the Plan of Development and Implementation of Long-term State Security Strengthening Programmes”; Seimas Resolution of 10 May 2001 “On Combating Corruption”; Government Resolution No 1196 of 4 October 2001 “On the Approval of Measures for the Implementation of the 2001-2004 Programme of the Government of the Republic of Lithuania”; Government Resolution No 433 of 9 April 1998 “On Complex Measures Aimed at the Improvement of Efficiency of Legal Responsibility for Economic and Financial Crimes and Prevention of Organised Crime and Corruption”; Government Resolution No 62 of 15 January 1999 “On the Programme for Organised Crime and Corruption Prevention”; Prime Minister Ordinance No 31 of 26 February 2001 “On the Setting up of a Working Group”.
  39. OBJECTIVE OF THE PROGRAMME The main objective of the Programme is to reduce corruption in Lithuania and seek to make it the smallest possible hindrance to the development of economy and democracy, seek social welfare and the strengthening of national security.
  40. MAIN TASKS OF COMBATING CORRUPTION 4.
  41. The main tasks of combating corruption shall be as follows: 4.1.
  42. ensuring of an efficient and targeted long-term combating of corruption, an efficient implementation and necessary financing of the measures provided for; 4.1.
  43. ensuring of an effective disclosure of the persons suspected of corruption offences and implementation of the principle of unavoidable legal responsibility of the offenders; 4.1.
  44. identification of the areas most affected by corruption as well as conditions for the emergence and spread of corruption; improvement of the legal acts currently in force and the legislative process; 4.1.
  45. promotion, in every possible way, of intolerance to manifestations of corruption; to this end, establishment of a close co-operation with non-governmental organisations and the mass media, development and incorporation of educational curricula into the system of education and science; 4.1.
  46. ensuring of a more effective application of corruption prevention measures and investigation of corruption offences; 4.1.
  47. ensuring of a proper administration of the implementation of the measures of this Programme.
  48. CONCEPT OF CORRUPTION 5.
  49. It is necessary to develop a clear and precise legal definition of corruption also covering the private sector. An accurately formulated concept would be easier to apply in the legislative process and practice of public administration institutions, and it would be better understood by the public and would contribute to a facilitated application of anti-corruption laws. 5.
  50. Moreover, in addition to implementation of the requirements stipulated in conventions of the EU, the Council of Europe and the Organisation for Economic Co-operation and Development, Lithuania must also take into consideration the concepts of corruption defined in these conventions (for example, the 1999 Council of Europe Criminal Law Convention on Corruption No 173 and Civil Law Convention on Corruption No 174, others). 5.
  51. In light of legal acts of the Republic of Lithuania and international organisations and the current situation, corruption could, in general terms, be defined as any conduct of a civil servant or an equivalent person not complying with the powers granted to them or the standards of conduct established, or as the promotion of such a conduct for personal or other persons’ benefit to the detriment of interests of people and the State.
  52. PREVENTION OF CORRUPTION 6.
  53. The objective of corruption prevention is to prevent the emergence and spread of corruption: to eliminate loopholes in legal acts and fill in gaps in the actions and procedures of state government institutions as well as in other areas creating conditions for corruption. Strategic Provisions of Prevention of Corruption Constraining political corruption 6.
  54. Development of democracy, consolidation of civic society and the rule of law, implementation of the principle of separation of powers are among the main factors eliminating manifestations of corruption. 6.
  55. In order to reduce manifestations of political corruption, the following measures of constraining political corruption must be applied: 6.3.
  56. setting out of clear criteria for the taking of decisions by politicians regarding the use, management and disposal of state-owned or municipal property; 6.3.
  57. development of a more efficient and transparent control of funding of political parties; 6.3.
  58. definition of major manifestations of political corruption, providing for appropriate legal sanctions; 6.3.
  59. in implementing rulings of the Constitutional Court (the rulings of 24 December 2002, 30 May 2003), improvement of legal acts with a view to eliminating a possibility to hold an office incompatible with that of a municipal council’s member; 6.3.
  60. verification, from the point of view of anti-corruption, of candidates for the posts appointed by the Seimas, President of the Republic or the Prime Minister as well as candidates for the posts of vice-ministers, secretaries of ministries, heads or deputy heads of departments or services under the ministries, municipal mayors or deputy mayors, heads or deputy heads of state and municipal institutions and agencies; 6.3.
  61. providing for the application of a simplified procedure of temporary suspension from office for the civil servants appointed to hold an office in the civil service and suspected of corruption offences; 6.3.
  62. establishment of accounting for the funds received, managed and used by a political party so that a party treasurer or leader thereof could not avoid liability for financial offences; 6.3.
  63. improvement of the legislative process with a view to avoiding corrupt influence on the drafting and adoption of legal acts; 6.3.
  64. drafting of a Code of Ethics for Lobbying Activities and improvement of the Law on Lobbying Activities; 6.3.
  65. increase of the efficiency of activities of the Seimas Anticorruption Commission in preventing corruption and investigating manifestations thereof; 6.3.
  66. providing for a possibility of compulsory identification of and make public information about owners of the mass media. Constraining administrative corruption 6.
  67. One of the main organisational and legal measures to reduce administrative corruption is the formulation of an accurate definition of the conduct which is contrary to laws and promotes corruption. An appropriate regulation of this area must be carried out on a legal basis by setting forth the rules of official ethics for servants. With a view to reducing corruption possibilities, the following measures must be taken: 6.4.
  68. in the field of public administration: 6.4.1.
  69. to consistently implement the principle of the rule of law; to lay down clear procedures for decision-making in the field of public administration. This would prevent a civil servant authorised to take a decision from delaying the consideration of a request or application for an unreasonably long time and from engaging in other faulty practices relating to discretion; 6.4.1.
  70. in order to avoid corruption in the legislative process, it is necessary to build a system of anti-corruption assessment of legal acts and drafts thereof, ensure a consistent implementation of provisions of the Law on Procedure of Drafting Republic of Lithuania Laws and Other Regulatory Enactments within the framework of the legislative process and harmonise them with EU legislation; 6.4.1.
  71. to include in the code of conduct for civil servants the provisions which are of importance from the point of view of anti-corruption and the legal responsibility measures which are in line with provisions of the laws regulating service relations and declaration of private interests, also the measures of political responsibility (passing a motion of censure against the candidates of political parties working in the system of public administration); 6.4.1.
  72. to promote, with the help of the Chief Commission of Official Ethics, the civil service priorities (public interests, impartiality), to publish the decisions taken on the Internet. It is expedient to increase respect for the decisions taken by the Commission and promote their enforcement; 6.4.1.
  73. based on the findings of a corruption risk analysis, to identify the areas which require application of the rotation principle; 6.4.1.
  74. to set out clear criteria for classification of information as a commercial secret. Institutions of the executive branch of government often interpret the concept of a commercial secret differently. This allows, whether intentionally or unknowingly, to conceal the actual financial position of the economic entities which take part in privatisation, public procurement procedures, etc., and create conditions for unfair competition or corruption; 6.4.1.
  75. to ensure that the amount of the fees payable for the issuance of licences (authorisations) does not become an obstacle for economic entities or a group thereof to commence appropriate activities (engage in certain activities); 6.4.1.
  76. as the current system of receiving authorisations to acquire or rent land for the construction of industrial objects (industrial undertakings, shopping centres, petrol stations, etc.) and residential buildings is highly complicated, whereas administrations of county governors or municipalities often set forth ungrounded requirements for additional investments in the infrastructure, this process must be properly regulated, and the general procedure for investing and extent of investment in the infrastructure must be specified; 6.4.1.
  77. to improve the procedure for establishing the purpose of land and forest use as well as legal regulation of the lease of state-owned non-agricultural land; 6.4.1.
  78. to simplify, to the extent possible, the provision of public services (issuance of authorisations, allocation of quotas, establishment of economic entities and registration of property, certification of goods and services, etc.), to more extensively transfer the functions related to the provision of these services to non-governmental organisations; 6.4.1.
  79. to systematically review the secondary legislation regulating business, to lay down a procedure for drafting these legal acts with the participation of representatives of non-governmental organisations and approving them; 6.4.1.
  80. in order to simplify the procedure for issuing authorisations and licences to engage in certain activities, where certificates are required to confirm the information already possessed by other state institutions (e.g., debts to the budget, the budget of the State Social Insurance Fund, the customs, etc.), also to develop the infrastructure of information technologies, to organise activities of the institutions providing public services according to the “one-desk” principle, not to require an applicant to collect the certificates containing the information collected by the state institutions; 6.4.1.
  81. in respect of the persons who have committed criminal acts against the civil service, economic and financial crimes or grave crimes against property, to restrict the right to occupy a top management post, hold more than 51 per cent of shares of undertakings and engage in other activities established by legal acts; 6.4.1.
  82. to develop a transparent risk assessment system of the undertakings, agencies and organisations participating in public procurement or acquiring state-owned or municipal property based on clear and universally applied criteria. Access to the data of the system shall be granted to the executive institutions which take certain decisions in relation to the mentioned entities; 6.4.1.
  83. to introduce a personnel management system. Heads of the state institutions and the undertakings in which the State holds a majority share must be recruited through competition and appointed on the basis of a service contract. Remuneration should be based on the performance of the top management and all employees and compliance with the service contract. In the areas most prone to corruption, performance should also be assessed by taking into consideration the transparency and clarity of decision-making procedures; 6.4.1.
  84. to introduce a motivation-driven system of career development in the civil service (based on in-service training, material and moral incentives for good performance); 6.4.1.
  85. to more rationally use and allocate available work resources to avoid queues in the place of provision of public services, which could be a precondition for corruption; 6.4.1.
  86. to ensure disclosure of the names of authors of some decisions (particularly the strategic decisions taken collegially) taken by various civil servants or institutions; 6.4.1.
  87. in order to reduce the possibility of corruption, to separate the functions of the adoption of individual law application acts (issuance of licences, authorisations, allocation of quotas, etc.) and control of the procedure laid down by those acts by assigning the functions to separate entities or divisions thereof; 6.4.1.
  88. to develop and implement the training programmes for state government personnel related to fostering of and adhering to the standards of official ethics and anti-corruption conduct; 6.4.1.
  89. to develop independent internal and external audit services of state and municipal institutions – to build a national audit system, to ensure that heads of internal audit services are appointed or dismissed from office in accordance with the criteria (requirements) set out by the established National Internal Audit Agency; 6.4.1.
  90. with the national audit system in place, to bring the activities of internal and external auditors of state and municipal institutions in line with EU audit standards; 6.4.1.
  91. to create a system ensuring protection against administrative reprisal in respect of a person who has reported corruption in a service; 6.4.1.
  92. in order to prevent a situation when a person resorts to bribe-giving only because he is not entitled to appeal against a decision violating his interests; in all cases, to ensure a possibility of appealing against the decisions taken; 6.4.1.
  93. to analyse and improve the legal acts regulating the civil service, to provide therein for a simplified procedure for dismissing or transferring civil servants to another place of service; 6.4.1.
  94. when a hierarchical corruption becomes deeply entrenched in a public administration institution, agency or service, when almost all servants take bribes and share them with their superiors, to apply an exceptional measure – to reorganise the body or dismiss or transfer personnel thereof to another service in accordance with a simplified procedure; 6.4.1.
  95. to improve the regulation of activities of the civil servants taking decisions on the recovery of funds to the State budget or municipal budgets (for the benefit of the State or a municipality) by limiting contacts between these civil servants and the persons authorised to make payments; 6.4.
  96. in the field of taxes and customs duties: 6.4.2.
  97. to simplify the payment, accounting and reporting of taxes – to set out clear and well-known criteria for deferring the taxes owed to the budget, to publish such decisions on the Internet; 6.4.2.
  98. to provide in tax legislation for precise provisions and definitions in order to forestall personal interpretation and abuse of ambiguities; 6.4.2.
  99. to introduce integrated information systems in tax administration institutions; 6.4.2.
  100. to improve the system of appealing against a decision of an agency engaged in the collection of taxes or officer thereof, to increase possibilities for the public to report the existing corruption; 6.4.2.
  101. to introduce a centralised customs information system (first and foremost, the processing of customs declarations); 6.4.2.
  102. to simplify customs procedures (actions), to reduce the customs clearance time; 6.4.2.
  103. to increase the risk of unlawful actions by the technical means used to control customs procedures and other technical means; first and foremost, to introduce x-ray control systems; 6.4.2.
  104. to ensure the continuous exchange of information between the customs and law enforcement institutions as well as co-operation and co-ordination of actions in detecting offences; 6.4.2.
  105. to lay down a procedure for performing customs clearance by at least two officers; 6.4.2.
  106. to provide a simple and easily accessible information about customs clearance, rights, procedures and rules; 6.4.
  107. in the fields of public procurement and privatisation: 6.4.3.
  108. to restrict, to the extent possible, the regulation of public procurement by subordinate legal acts. It is necessary to draft a Law on Public Procurement meeting EU standards; 6.4.3.
  109. to improve the supervision of public procurement as exercised by the Public Procurement Office, to specify the functions assigned thereto in this field, to focus on an ex-ante assessment of the public procurement environment; 6.4.3.
  110. in order to forestall abuse by employees of contracting authorities in the field of public procurement, to reduce discretion concerning the decisions taken by them; 6.4.3.
  111. to encourage the employees of a contracting authority to report abuse in the field of public procurement, to protect a person who reported such abuse against tampering; 6.4.3.
  112. in the process of public procurement, to combine a tender’s quantitative (financial) and qualitative (technical) evaluation; 6.4.3.
  113. to make public the process of public procurement: to provide for a possibility of gradual transfer of public procurement into the electronic space, to film major public procurement procedures in contracting authorities and to publish the unclassified data related to the process of procurement on the websites of the contracting authorities; 6.4.3.
  114. to create a system prohibiting participation in public procurement of the economic entities which have previously violated the procedure of public procurement by corruption; 6.4.3.
  115. to deny the right to supplement a concluded public contract or to prohibit amendment of the basic conditions (price, quality requirements, time limits) during the execution of an order, with the exception of the cases when the conditions of the contract are improved for the benefit of a contracting authority; 6.4.3.
  116. to publish the results of public procurement tenders, to set out the criteria according to which a jury is to be formed; 6.4.3.
  117. to disclose the surnames of the heads of public administration agencies who approve a technical task and organisers; 6.4.3.
  118. to continuously provide information to the public about the execution of public contracts as well as information about derogations from the original technical and other requirements and the amendments made to all public contracts; 6.4.3.
  119. to explicitly specify the sphere of competence and responsibility of the Government, the state enterprise State Property Fund and the Privatisation Commission related to privatisation transactions and taking of decisions, to publish authors of the decisions; 6.4.3.
  120. to establish that a political decision on the most important objects subject to privatisation, ways of privatisation, and setting out of key criteria for the selection of investors should be taken by the Seimas; 6.4.3.
  121. to explicitly define the information to be considered as confidential in a privatisation transaction; 6.4.
  122. in the field of health care: 6.4.4.
  123. to improve the system of centralised public procurement, to approve the methodology of entering centralised procurement in a list of services with specified prices; 6.4.4.
  124. to develop and approve the Programme for the Assurance of Quality of Personal Health Care, to introduce centrally-developed diagnostic methodologies and standards of medical treatment; 6.4.4.
  125. to establish a mandatory procedure for providing information to residents about paid health care services; 6.4.4.
  126. to harmonise the laws and other legal acts regulating the health system with the Civil Code and the Law on Public Administration; 6.4.4.
  127. to transform the registration of imported medical products, equipment and medicines in the Republic of Lithuania to meet requirements of EU directives, to abandon the further review when not required by EU legal acts; 6.4.4.
  128. to draw up lists of the diseases, medical products and medicines subject to out-patient treatment standards, to approve the methodology of reimbursement thereof; 6.4.4.
  129. to draft a concept paper on voluntary health insurance and implementation measures; 6.4.
  130. in the field of law enforcement and judicial institutions: 6.4.5.
  131. to create, by legal acts, a system for the co-ordination of activities of the entities engaged in corruption prevention and investigation of offences; 6.4.5.
  132. to reduce the impact of corruption on law enforcement and judicial institutions, to improve the transparency of the decisions taken by the institutions and their openness to the public; 6.4.5.
  133. to improve the selection of employees of law enforcement and judicial institutions as well as the systems of their performance appraisal; 6.4.5.
  134. to carry out a corruption risk analysis in respect of the National Courts Administration as well as all institutions and agencies in the field of governance of the Ministry of the Interior and the Ministry of Justice, with particular attention devoted to the Police Department, the Migration Department and the Prisons Department, the Financial Crime Investigation Service and the State Border Guard Service; 6.4.5.
  135. to analyse and improve the legal acts currently in force which regulate the activities of law enforcement and judicial institutions in the fields of prevention of corruption and investigation of offences with a view to ensuring a greater efficiency of activities of such institutions; 6.4.5.
  136. to change a procedure for imposing and paying fines for administrative offences with a view to reducing discretion of the decisions taken by officers; 6.4.5.
  137. to establish a clear system of assignment of cases to officers of law enforcement and judicial institutions; 6.4.
  138. in the field of international co-operation: 6.4.6.
  139. as corruption is attracting an increasing attention of the international community, to thoroughly familiarise with contemporary experience, because the Republic of Lithuania, in seeking EU membership, needs to improve (amend) its laws in line with the standards and practices of the EU Member States and international organisations; 6.4.6.
  140. to improve legal language norms, terminology and content, to accede to major international law instruments with the shortest possible delay and apply provisions thereof. To this end: 6.4.6.2.
  141. to sign and/or ratify the main anti-corruption international treaties: the 1999 Council of Europe Criminal Law Convention on Corruption No 173, the 1999 Council of Europe Civil Law Convention on Corruption No 174 and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 1 December 1997; 6.4.6.2.
  142. when formulating an efficient policy of combating corruption, to actively contribute to these regional programmes for combating corruption; Lithuania EU Accession Programme (the National Programme for the Adoption of the ACQUIS (NPAA), PHARE (Institutional Capacity-Building / Twinning Programmes); OCTOPUS, Joint Programmes of the European Commission and the Council of Europe against Corruption and Organised Crime in Central and Eastern Europe; Baltic States programmes for combating bribery and corruption; 6.4.6.2.
  143. to take part in the activities of international integration structures – the Council of Europe’s Group of States against Corruption (GRECO) – and to seek membership in the Organisation for Economic Co-operation and Development or the Working Group on Bribery in International Business Transactions; 6.4.6.2.
  144. to develop close links with institutions of other countries and develop international bilateral co-operation of the institutions in the field of combating corruption; to meet commitments pursuant to bilateral treaties and agreements on mutual legal assistance. Public Involvement in Combating Corruption 6.
  145. In order to involve as many members of society as possible in an active combating of corruption, a standing advisory council representing a broad strata of society (public organisations, state institutions, trade unions, associations of employers, the Chamber of Commerce, Industry and Crafts, etc.) must be formed to regulate and to discuss during meetings the areas most affected by corruption as well as to provide for joint measures with other institutions (including state institutions) and implementation thereof. Such a public commission could function under the Republic of Lithuania Special Investigation Service (hereinafter referred to as the “SIS”), and composition thereof could be approved by the President of the Republic.
  146. INVESTIGATION OF CORRUPTION OFFENCES 7.
  147. The objective of investigation of corruption offences is to ensure that the corruption offences in the public and private sectors are investigated as thoroughly as possible, and the persons liable do not escape liability. Strategic Provisions of Investigation of Corruption Offences 7.
  148. With a view to investigating corruption offences as thoroughly as possible, the following measures must be taken: 7.2.
  149. to increase the role of the Police Department under the Ministry of the Interior, the State Security Department and other entities of operational activities in combating corruption; 7.2.
  150. to consistently apply administrative penalties for corruption offences, especially those related to the conflict of public and private interests in the civil service; to improve the system of administrative liability and to appropriately increase its legal and social efficiency; 7.2.
  151. to improve the legal acts currently in force, so that the persons investigating corruption offences could make use of the data of income and property of residents, political campaign and other declarations in administrative and criminal cases; to improve the systems providing possibilities of bringing action against the persons whose property does not correspond to the property declared, etc.; 7.2.
  152. to create and accumulate a systematised database about undertakings’ shareholders, which would be used by state government, administration and law enforcement institutions having a legal basis to dispose of and use this information. Upon developing an appropriate legal basis, investigation of corruption offences and prevention thereof would be facilitated by using all state-of-the-art information technologies; 7.2.
  153. state and municipal institutions as well as state and municipal agencies providing public services must have in place internal investigation, immunity or other structural divisions which would be authorised to carry out prevention and control of corruption in an appropriate institution or agency or the appointed persons charged with the performance of this function; 7.2.
  154. to consolidate the control of lawfulness and legitimacy of activities of law enforcement institutions and an appropriate legal framework; 7.2.
  155. to encourage the officers detecting and investigating criminal acts to report a criminal act (act of corruption) committed in their respect, as the legal provisions currently in force do not directly specify such a duty; 7.2.
  156. to ensure the application of the provisions of the Criminal Code establishing a criminal liability for unlawful disclosure of information about the criminal cases under investigation or material (evidence, etc.) during pre-trial investigation, as this act violates the principle of lawfulness, causes significant damage to a fair, thorough and unprejudiced investigation of cases, and the persons who have committed crimes are allowed to escape legal responsibility; 7.2.
  157. to ensure that the law enforcement officers investigating the cases concerning responsible officials are protected against tampering and reprisal and are able to perform their functions properly, whereas the persons co-operating with law enforcement institutions are granted, in addition to legal protection under the Code of Criminal Procedure and the Law on the Protection from Tampering of Participants of Criminal Procedure and Operational Activities, Judicial and Law Enforcement Officers, basic protection against administrative reprisal; 7.2.
  158. to provide favourable conditions for the in-service training of officers, ensure provision of supply and social guarantees to improve the investigation of offences; 7.2.
  159. to encourage the judges having justified doubts regarding the procedural decisions taken to publicly declare a separate opinion in accordance with the procedure laid down by the Code of Criminal Procedure and the Code of Civil Procedure; 7.2.
  160. to stipulate in legal acts precise limits of operational activities and the use of specific measures thereof so that entities of operational activities and other persons applying results of these activities could take advantage of all the possible opportunities provided by these activities; 7.2.
  161. to balance prevention and prosecution, to attach more attention to the reliability of operational intelligence and other information, to carefully and thoroughly verify and impartially assess it; 7.2.
  162. to ensure the required co-operation of the Special Investigation Service in the investigation of corruption offences and investigation thereof in conjunction with the Police Department under the Ministry of the Interior, the State Security Department and other entities of operational activities; 7.2.
  163. to organise co-operation of law enforcement and control institutions in the investigation of activities of the criminal formations involving both organised criminal structures, shadow business and corrupt civil servants with a view to striking at the root the specific corruption systems which influence social and economic as well as criminogenic processes; 7.2.
  164. to attach more attention to the investigation of corruption offences in the priority areas of anti-corruption activities; 7.2.
  165. taking into consideration the experience of states and international organisations in the combating of corruption, to develop international co-operation in the field of analysis of corruption phenomena and investigation of criminal as well as other cases. In investigating certain corruption cases, international co-operation and exchange of useful information are of paramount importance, because corruption (especially large-scale) often transcends national boundaries; Public Involvement in the Investigation of Corruption Offences 7.
  166. In order to involve the public in the investigation of corruption offences, it shall be necessary: 7.3.
  167. to promote the interest of public organisations in high-profile corruption cases and explain to the public the decisions taken by courts and their execution; 7.3.
  168. to encourage residents to anonymously report corruption offences by telephone (by calling the “hot line”), to develop a direct Internet connection between the public and anti-corruption institutions; 7.3.
  169. to develop a system of consideration of complaints, to provide residents with an opportunity to report corruption offences (or an attempt to commit them); 7.3.
  170. to fully apply the Law on the Protection from Tampering of Participants of Criminal Procedure and Operational Activities, Judicial and Law Enforcement Officers in respect of the persons victims of manifestations of corruption and witnesses in corruption cases.
  171. ANTI-CORRUPTION EDUCATION OF THE PUBLIC AND MASS MEDIA 8.
  172. The objective of anti-corruption education of the public and mass media is to acquaint residents of the Republic of Lithuania with the danger posed by corruption, encourage them not to resign to corruption and to actively combat it. Strategic Provisions of Anti-Corruption Education of the Public and Mass Media 8.
  173. Residents of the Republic of Lithuania do not receive sufficient information about their rights and opportunities to actively resist corruption. The public could contribute to the successful implementation of this programme, but the public is poorly informed about its role in the implementation of anti-corruption measures. An educational campaign is required to involve residents in the combating of corruption, show the moral, public and financial damage done by corruption, and indicate possibilities of resisting it. To this end, the following measures should be taken: 8.2.
  174. production of special radio and television shows, preparation of visual advertising, issuance of information publications, use of applied arts, organisation of various competitions; 8.2.
  175. provision, in specialised publications, of information about the damage done by corruption to the public and the State as well as possibilities of resisting it; 8.2.
  176. organisation of training seminars on the topic of anti-corruption for representatives of various strata of society to be able to receive practical and theoretical knowledge and familiarise with the latest achievements in the combating of corruption, acquire practical skills of resisting it, and exchange opinions about the actions they intend to undertake; 8.2.
  177. development and introduction of anti-corruption curricula in general education and higher education schools. Specialised curricula should be developed for the post secondary and higher education schools training specialists of the areas most prone to corruption. Anti-corruption education should become systemic and constitute a part of the public education system; 8.2.
  178. education of the mass media, because the mass media plays, similarly to non-governmental organisations, an important role in detecting corruption and reporting abuse of office; 8.2.
  179. aiming at journalists’ agreement on excluding the corruption crimes having a particularly detrimental effect on society and the State from competition of the mass media as well as political likes and dislikes and writing about them and other phenomena in an impartial and responsible manner. This provision could be included in the Code of Ethics for Journalists and Publishers. Public Involvement in Anti-Corruption Education 8.
  180. One of the most appropriate forms of anti-corruption education is round-table discussions organised for representatives of various strata of society. 8.
  181. Regular scientific conferences and workshops on the fight against corruption would help specialists of various fields to exchange relevant information, apply innovative measures eradicating corruption from the life of society and the State. 8.
  182. This activity should also embrace the private sector. 8.
  183. Visiting sessions as well as meetings of the officers combating corruption with the public should be organised on a regular basis not only in Lithuanian cities, but also across regions.
  184. IMLEMENTATION OF THE PROGRAMME 9.
  185. Anti-corruption action, including the implementation of provision of this Programme, control, and provision of technical assistance in the field of prevention of corruption, is taken, within the limits of their competence, by the Government, the SIS and other institutions which must strengthen their capacities in order to take efficient action in the field of corruption prevention (a diagram of the entities involved in the implementation of this Programme is presented in the annex). 9.
  186. The provisions of the Programme (implementation measures thereof) are implemented by the following entities: political parties, state and municipal as well as law enforcement institutions, non-governmental organisations, scientific and educational establishments, auditing organisations, expert groups, other agencies, undertakings and organisations taking account of the anti-corruption measures falling within the sphere of their competence. 9.
  187. Corruption is an inseparable social phenomenon, hence success in the combating of corruption is measured (monitoring is carried out) by qualitative as well as quantitative indicators: 9.3.
  188. prevention of corruption: 9.3.1.
  189. number of public administration systems examined; 9.3.1.
  190. number of implemented and pending measures of the Programme; 9.3.1.
  191. implementation of the Programme within the set time limits; 9.3.
  192. investigation of offences: 9.3.2.
  193. number of crimes investigated; 9.3.2.
  194. number of criminal proceedings initiated, terminated; 9.3.2.
  195. number of the persons convicted and acquitted against the number of criminal proceedings initiated; 9.3.2.
  196. ratio of anonymous statements against official statements about alleged crimes; 9.3.
  197. public education and support: 9.3.3.
  198. number of special radio broadcasts, TV shows, articles in the press, speeches at conferences, seminars, workshops; 9.3.3.
  199. assessment of success in the combating of corruption (in percentage), as reflected by the opinion polls conducted on a regular basis. 9.
  200. The main indicators of these activities should also be a stronger public support of anti-corruption initiatives, as there is a growing interest in this activity (civic society initiatives, development of contacts between representatives of the general public and state anti-corruption authorities). Such developments will provide opportunities for a further growth of the anti-corruption activities carried by state and municipal institutions as well as implementation of public initiatives. 9.
  201. The implementation of the Programme will be funded from the State budget. Allocation of funds from the budget for the implementation of measures of the Programme shall depend on financial resources of the State. 9.
  202. In 2002, EUR 2100 thousand will be allocated for technical assistance by foreign experts under EU PHARE project No LI9913.02 “Review and Implementation of the National Anti-Corruption Programme, Preparation and Implementation of Sectors, Anti-Corruption Strategies and Action Plans”. 9.
  203. In order to implement this programme, a measures plan shall be developed to establish implementation measures, time limits for implementation thereof and implementing authorities. 9.
  204. The corruption situation shall be thoroughly analysed, and provisions of this Programme as well as priority areas for anti-corruption activities shall be reviewed and supplemented on a biennial basis. APPROVED by Resolution No X-486 of 12 January 2006 of the Seimas of the Republic of Lithuania Implementation MEASURES PLAN Description of a measure Objective Time limit for implementation Implementing institution or agency CHAPTER I PREVENTION OF CORRUPTION I. PREVENTION OF POLITICAL CORRUPTION
  205. Drafting a Law Amending the Law on Financing and Financial Control of Political Parties and Political Campaigns. To regulate political advertising and mandatory monitoring of the financing of political campaigns To prohibit the financing of political parties through lending funds to them for a period exceeding one month. To establish that the natural persons donating large amounts of funds must submit the data substantiating their income. To impose an obligation on the legal persons supporting political campaigns during the preceding four or five years to declare the orders received from state or municipal institutions, state or municipal loan guarantees, tax reliefs, assistance of the European Union (hereinafter referred to as the “EU”) or other international institutions. 3rd quarter of 2006 Ministry of Justice Ministry of Finance: Ministry of Economy Central Electoral Committee Special Investigation Service Public establishment “Transparency International’ Lithuanian Chapter
  206. Drafting a new version of the Law on Lobbying Activities To analyse existing shortcomings in the regulation of lobbying activities and to draft a new version of the Law on Lobbying Activities as well as subordinate legal acts taking account of the best foreign practice. To establish a more efficient prevention of corruption in the civil service with a view to promoting legal lobbying activities, preventing illegal lobbyism, ensuring a more transparent legislative process in the Republic of Lithuania and to initiate amendments of relevant legal acts. 1st quarter of 2007 Chief Commission of Official Ethics Special Investigation Service public establishment Human Rights Monitoring Institute public establishment “Transparency International’ Lithuanian Chapter National Association of Lobbyists
  207. Drafting a Code of Ethics for Lobbying Activities. To ensure a more efficient regulation of lobbying activities and reduce the illegal influence exercised by business entities on decision-making. To provide for practical legal sanctions for violations of the Code of Ethics for Lobbying Activities. 1st quarter of 2007 Chief Commission of Official Ethics National Association of Lobbyists
  208. Drafting amendments to the Law on Provision of Information to the Public and other legal acts establishing the duty of public information producers and disseminators to submit data on participants therein (owners thereof) and liability thereof. To ensure public interest to know about participants in (owners of) the media and monitor processes of change of owners in the field of provision of information to the public. To draft amendments to the Code of Administrative Offences establishing liability for violations of Article 24 of the Law on Provision of Information to the Public. 3rd quarter of 2006 Ministry of Culture Office of the Inspector of Journalist Ethics II. PREVENTION OF ADMINISTRATIVE CORRUPTION public administration
  209. Drafting a Law Amending the Law on Procedure of Drafting Republic of Lithuania Laws and Other Regulatory Enactments and other relevant subordinate legal acts. To improve the procedure for drafting and harmonising the decisions executed in the form of laws, Government resolutions and legal acts of ministries and other public administration institutions, assessing the impact of alternatives and a decision. To improve the system of anti-corruption assessment of legal acts and drafts thereof. 2006-2007 Ministry of Justice Ministry of the Interior Special Investigation Service Ministry of Economy
  210. Drafting subordinate legal acts upon the adoption of the Code of Conduct for State Politicians and the Code of Conduct for Civil Servants. To make uniform the procedure for investigating the breaches of official ethics committed by all the persons in the civil service and appropriately regulate investigation of breaches of official ethics. Upon the adoption of the Code of Conduct for State Politicians and the Code of Conduct for Civil Servants Chief Commission of Official Ethics Ministry of the Interior Special Investigation Service public establishment “Transparency International” Lithuanian Chapter
  211. Drafting a Code of Conduct for Diplomats. Upon the adoption of the Code of Conduct for State Politicians and the Code of Conduct for Civil Servants, to establish standards of professional ethics and conduct for diplomats as well as the liability measures which have been brought in compliance with provisions of the laws establishing service relations and declaration of private interests. Upon the adoption of the Code of Conduct for State Politicians and the Code of Conduct for Civil Servants Ministry of Foreign Affairs
  212. Analysis of the possibilities and efficiency of application of the rotation principle to statutory civil servants and drafting, where necessary, relevant legal acts. To resolve the issue of expediency of application of the rotation principle to statutory civil servants. 4th quarter of 2006 Ministry of the Interior State Security Department Prosecutor General’s Office Customs Department under the Ministry of Finance Special Investigation Service
  213. Drawing up and publication of lists of the entities of municipal administration engaged in activity licensing as well as lists of types of their licensed activity, analysis of validity, repetition and efficiency of this licensing, submission of proposals (draft amendments to legal acts) regarding simplification thereof, To reduce preconditions for corruption at the agencies subordinate to municipalities. 1st quarter of 2007 Ministry of Economy Special Investigation Service Ministry of the Interior Ministry of Health Ministry of Social Security and Labour Ministry of Environment Ministry of Transport and Communications Ministry of Agriculture State Tobacco and Alcohol Control Service under the Government of the Republic of Lithuania municipalities administrations of county governors
  214. Consideration of the procedure for issuing licenses and authorisations of state and municipal institutions, validity and efficiency of the control system, drafting proposals regarding improvement of the licensing and control systems. To simplify the issuance of licenses and authorisations. To reduce preconditions for corruption by abolishing unnecessary and inefficient control forms. 4th quarter of 2006 Ministry of Economy Special Investigation Service Ministry of the Interior Ministry of Finance: Ministry of Education and Science Ministry of Health Ministry of Social Security and Labour Ministry of Environment Ministry of Transport and Communications Ministry of Justice Ministry of Agriculture
  215. Drafting a legal act regulating the publication of information about licenses (authorisations) in the Internet. To establish the duty of the state and municipal institutions and agencies whose activities are related to the regulation of economic and commercial activities to publish the information systematised according to their field of administration about the licenses (authorisations) issued for economic and commercial activities indicating the name of a licensed economic and commercial activity, the legal acts regulating licensing of the economic and commercial activity, the persons that are issued the licenses (authorisations), the institution issuing the licenses (authorisations), the name and surname, telephone number as well as electronic mail address of a contact person for licensing issues and other useful information which must be updated not later than within 5 working days from change thereof. 1st quarter of 2007 Ministry of Economy Ministry of the Interior Association of Local Authorities in Lithuania*
  216. Drafting legal acts with a view to introducing common rates of consular services. To ensure that the amount of common rates of consular services does not depend on the duration of provision of the services and to eliminate conditions of payment of a different amount of rate for the same services. 3rd quarter of 2006 Ministry of Foreign Affairs Ministry of the Interior Ministry of Finance:
  217. Analysis of the duration of registration procedures in respect of records of civil status as well as the procedure for issuing them and adoption of an appropriate amendment to the Civil Registry Rules. To eliminate preconditions for manifestations of corruption in the field of registration of records of civil status. 2nd quarter of 2006 Ministry of Justice
  218. Analysis of the legal acts regulating the carrying out and supervision of construction works and drafting amendments thereto. To reduce possibilities of manifestations of corruption in the institutions exercising supervision of construction works, to ensure the functioning of an efficient construction works supervision system and protection of the rights of consumers of construction services. 3rd quarter of 2006 Ministry of Environment National Consumer Rights Protection Authority under the Ministry of Justice
  219. Drafting amendments to the legal acts regulating the status of municipal controllers (municipal controller’s offices), establishing a greater independence of these institutions. To ensure a more efficient monitoring and control of decision-making which would be more independent of political influence. 1st quarter of 2007 National Audit Office Ministry of Finance Ministry of the Interior Association of Municipal Controllers*
  220. Consideration of the legal acts laying down the procedure for decision-making by civil servants and for appealing against their decisions and drafting relevant legal acts. To speed up the process of decision-making by civil servants To reduce the risk of corruption in the process of decision-making. To ensure disclosure of the names of authors of some decisions (particularly the strategic decisions prepared collegially) taken by various civil servants or institutions. 4th quarter of 2006 Ministry of the Interior Ministry of Social Security and Labour Ministry of Justice Special Investigation Service
  221. Development and approval of county anti-corruption programmes on the basis of the National Anti-Corruption Programme. To implement anti-corruption measures in counties, to reduce possibilities of manifestations of corruption. 4th quarter of 2006 county governors
  222. Development of anti-corruption programmes at the institutions administering funds of EU programmes. To provide for measures of prevention of corruption at the institutions in charge of the administration and control of funds of EU programmes. To appoint the persons responsible for the implementation of planned anti-corruption measures. 2007 Ministry of Finance Ministry of Environment Ministry of Social Security and Labour Ministry of Transport and Communications Ministry of Education and Science Ministry of Health Ministry of Economy Ministry of the Interior Ministry of Agriculture Information Society Development Committee under the Government of the Republic of Lithuania Central Project Management Agency Support Foundation European Social Fund Agency Transport Investment Direction public establishment Lithuanian Business Support Agency National Paying Agency under the Ministry of Agency Environmental Projects Management Agency
  223. Analysis of the legal acts regulating allocation of funds of the State budget for the financing of projects and programmes and drafting, when necessary, amendments thereto. To prevent manifestations of corruption among managers of appropriations using funds of the State budget for the financing of individual projects and programmes. 4th quarter of 2007 ministries TAXES, CUSTOMS DUTIES AND INVESTMENTS
  224. Installation of a computer-based risk assessment and control system (RIKS) at the Lithuanian customs. To assess, by means of programme measures, the level of the risk related to economic entities and goods and to take decisions, by means of systematic measures, regarding inspection of goods and persons also reducing possibilities of manifestations of corruption among officers. 4th quarter of 2006 Customs Department under the Ministry of Finance
  225. Establishment of a tax information centre. To implement the provisions of the Strategy for Tax Payers’ Services and Communication of the State Tax Inspectorate as approved by Minister of Finance Order No 1K-037 of 31 January
  226. To provide to tax payers the services which would encourage them to voluntarily pay taxes. To provide the latest, accurate and comprehensible information about taxes and tax procedures to tax payers by phone. 4th quarter of 2006 State Tax Inspectorate under the Ministry of Finance Ministry of Finance PUBLIC PROCUREMENT AND PRIVATISATION
  227. Analysis of the possibility of public procurement centralisation at the State level and drafting of a concept. In order to facilitate the exercise of control and implementation of prevention of corruption and to prevent difficulties due to the lack of qualifications of the persons engaged in public procurement, to provide an opportunity for contracting authorities to transfer the public procurement meeting the set criteria to a centralised public procurement office. 4th quarter of 2006 Public Procurement Office under the Government of the Republic of Lithuania Special Investigation Service Ministry of Finance Ministry of Economy
  228. Drafting general (typical) procurement rules applicable to procurement by private economic entities using the funds of EU programmes and other financial assistance programmes. To stipulate that uniform procurement rules are applied in compliance with the principle of “the best quality for the lowest price” to procurement using the EU financial assistance funds allocated to private economic entities. 2nd quarter of 2006 Ministry of Finance Public Procurement Office at the Government of the Republic of Lithuania Ministry of Economy health care
  229. Establishment and approval of the general principles and criteria according to which medical aid equipment and medicines are procured centrally from the budget of the Compulsory Health Insurance Fund. To lay down a more transparent procedure for taking decisions on central procurement of the supplies required for the treatment of specific diseases or conditions. 2nd quarter of 2006 Ministry of Health State Patients’ Fund under the Ministry of Health
  230. Development and approval of the principles and criteria of inclusion of medicines and medical aid equipment on the list of reimbursable medicines and medical aid equipment; establishment of the independent pharmaeconomic assessment requirement. To reduce preconditions for corruption when taking decisions on reimbursement of medicines and medical aid equipment. 4th quarter of 2006 Ministry of Health State Patients’ Fund under the Ministry of Health Pharmacy Department under the Ministry of Health
  231. Analysis of the legal regulation of licensed pharmaceutical activity and, when necessary, drafting legal acts. To ensure separation of the functions of control of issuance of licenses and compliance with the set requirements. 4th quarter of 2006 Ministry of Health Pharmacy Department under the Ministry of Health State Medicines Control Service under the Ministry of Health
  232. Drafting amendments to legal acts with a view to ensuring an efficient control of advertising of medicines. To prevent manifestations of corruption whereby physicians take part in the advertising of medicines. 3rd quarter of 2006 Ministry of Health Pharmacy Department under the Ministry of Health State Medicines Control Service under the Ministry of Health Activities of law enforcement and judicial institutions
  233. Drafting amendments to the Law on Prevention of Corruption and secondary legislation. To ensure a thorough and prompt collection and submission of information about the persons applying for or holding an office in a state or municipal institution. To consider the problems arising in practice regarding the carrying out of corruption risk analysis, to draft relevant legal acts upon generalising the problems. To regulate protection of the persons who have reported corruption offences against administrative reprisal. 3rd quarter of 2006 Special Investigation Service Ministry of the Interior State Security Department National Audit Office Chief Commission of Official Ethics
  234. Determination of the fields in which the probability of manifestations of corruption is high and submission of information to the Special Investigation Service in accordance with the procedure laid down by legal acts. To determine the fields in which the probability of manifestation of corruption is high at the institutions administering the funds of EU structural funds and other EU funds. (Resolution No 414 of the Government of the Republic of Lithuania of 18 April 2005 “On Assignment of Responsibility and Functions of the Institutions in Charge of Administration of the European Union Structural Funds Earmarked for Implementation of the Single Programming Document of Lithuania 2004-2006”) To determine the fields in which the probability of manifestations of corruption is high at administrations of county governors. 3rd quarter of 2006 3rd quarter of 2006 Environmental Projects Management Agency of the Ministry of Environment Transport Investment Direction public establishment Lithuanian Business Support Agency Support Foundation European Social Fund Agency National Paying Agency under the Ministry of Agriculture public establishment Central Project Management Agency administrations of county governors
  235. Analysis of the scope and practice of payment of envelope wages, evasion of taxes and contributions providing conditions for corruption, strengthening of prevention and control measures. To reduce the scope of payment of envelope wages providing conditions for corruption. To improve the collection of state social insurance and other contributions. 4th quarter of 2006 Financial Crime Investigation Service Ministry of the Interior Ministry of Social Security and Labour Centre for Crime Prevention in Lithuania*
  236. Drafting a new Code of Ethics for Judges. To reduce the impact of corruption on courts, to improve the transparency of their decisions, judgements and rulings and openness of the courts to the public. 4th quarter of 2006 Judicial Council National Courts Administration international co-operation
  237. Drafting a Law on the Ratification of the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. To accede to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. To develop prevention of international corruption. To aim at joining the OECD or working group on bribery in international business transactions. Upon Lithuania’s joining the OECD or working group on bribery in international business transactions Ministry of Justice Ministry of Foreign Affairs
  238. Participation in the activities of international anti-corruption networks; 1) the Task Force on Organised Crime of representatives of the Heads of Government of the Council of the Baltic Sea States; 2) activities of the OECD Anticorruption Network; 3) according to the Pre-accession Pact on organised crime between the Member States of the European Union and the applicant countries of Central and Eastern Europe and Cyprus; 4) activities of the Group of States against corruption (GRECO). To consolidate international co-operation in the field of combating corruption and to develop prevention of international corruption. Continuously Ministry of Justice Special Investigation Service Ministry of Foreign Affairs Ministry of the Interior
  239. Drafting relevant legal acts implementing provisions of the United Nations Convention against Corruption as signed on 9 December 2003 in Merida (Mexico) and ratification of this convention. To harmonise legal acts with provisions of the United Nations Convention against Corruption. To develop international co-operation and consolidate efforts in combating corruption. 4th quarter of 2006 Ministry of Justice III. INVOLVEMENT OF THE PUBLIC IN PREVENTION OF CORRUPTION
  240. Analysis of the legal acts currently in force and, if proven necessary, establishment of a public advisory anti-corruption council under the Special Investigation Service, drafting amendments to the legal acts currently in force to regulate activities of this council. To provide opportunities for the Special Investigation Service to obtain advice and assessments from the competent persons recognised by the public. 3rd quarter of 2006 Special Investigation Service Interdepartmental Commission on Co-ordination of Fight against Corruption Chief Commission of Official Ethics public establishment “Transparency International” Lithuanian Chapter CHAPTER II INVESTIGATION OF CORRUPTION OFFENCES ENHANCING THE EFFECTIVENESS OF INVESTIGATION OF CORRUPTION OFFENCES
  241. Analysis of possibilities to apply operational and pre-trial investigation actions to lawyers and drafting, when necessary, amendments to legal acts. To improve possibilities of application of operational and pre-trial investigation actions to lawyers taking account of peculiarities of a lawyer’s activities, especially the principles of non-disclosure of the secret of the lawyer’s client, loyalty to a client, etc. 2nd quarter of 2006 Ministry of Justice Prosecutor General’s Office Special Investigation Service
  242. Analysis and generalisation of the modes of conduct imitating a criminal act and practice of application of the actions imitating a criminal act according to the criminal acts of corruption heard by courts. To determine shortcomings in the application of the mode of conduct imitating a criminal act as provided for by the Law on Operational Activities and the actions imitating a criminal act as provided for by the Code of Criminal Procedure with a view to more effectively investigating criminal acts of corruption. 3rd quarter of 2006 - 1st quarter of 2007 Prosecutor General’s Office
  243. Drawing up of an instruction (recommendations, rules) on the application of the modes of conduct imitating a criminal act and actions imitating a criminal act when investigating the criminal acts of corruption and submission thereof for approval to the Prosecutor General’s Office. To more efficiently investigate corruption crimes by applying the mode of conduct imitating a criminal act as provided for by the Law on Operational Activities and the actions imitating a criminal act as provided for by the Code of Criminal Procedure. 4th quarter of 2006 Special Investigation Service Prosecutor General’s Office
  244. Analysis of and, when necessary, drafting amendments to the Criminal Code and the Code of Criminal Procedure on relief from criminal liability of the persons assisting in disclosure of the criminal acts of corruption. To provide conditions for effective investigation of corruption crimes. To increase people’s motivation to report the cases of giving or extorting a bribe to law enforcement institutions. 3rd quarter of 2006 Ministry of Justice Prosecutor General’s Office Special Investigation Service
  245. Analysis of the legal acts currently in force and drafting a Law on the Protection of the Persons Reporting Offences in State and Municipal Institutions against Tampering as well as the Law Amending the Law on Civil Service, the Law Amending the Labour Code and other regulatory enactments. To ensure a sufficient and effective protection of the persons reporting offences against administrative reprisal or other tampering exerted by civil servants and employees of state or municipal institutions, agencies, undertakings or organisations. 1st quarter of 2007 Ministry of Justice Special Investigation Service Ministry of the Interior Ministry of Social Security and Labour
  246. Drafting and implementation of a procedure for declaring personal (family) consumption and other expenses applicable to the persons meeting certain risk criteria. To determine the cases of illegal enrichment of civil servants. 2nd quarter of 2006 Special Investigation Service Ministry of Finance Ministry of the Interior Ministry of Justice State Tax Inspectorate under the Ministry of Finance Financial Crime Investigation Service
  247. Drafting the Law Amending the Criminal Code. To cancel the restriction of imposition of the public rights deprivation punishment only in the cases when it has been proved that a criminal act had been committed through abuse of the public rights. 3rd quarter of 2007 Ministry of Justice Ministry of the Interior Special Investigation Service
  248. Analysis of the legal acts currently in force regulating seizure of property and drafting, when necessary, amendments thereto. To increase the risk of losing a property acquired not in accordance with the income earned. 1st quarter of 2007 Ministry of Justice Ministry of the Interior Special Investigation Service Prosecutor General’s Office
  249. Analysis of shortcomings of the Register of Civil Servants and expansion of possibilities of application thereof. To create a centralised, public and uniform system of publishing of a notice of competition concerning the recruitment of civil servants at state and municipal institutions and agencies and to publish results of these competitions. In order to ensure a more effective investigation of offences and prevention of corruption in the civil service, to analyse possibilities and provide conditions for inclusion in the Register of Civil Servants of information about the persons declaring their private interests on the basis of provisions of the Law on the Adjustment of Public and Private Interests in the Civil Service. 1st quarter of 2007 Ministry of the Interior Chief Commission of Official Ethics Association of Local Authorities in Lithuania*
  250. Analysis of the Law on Legal Protection of Personal Data and drafting, when necessary, an amendment thereto. To expand the possibilities of law enforcement institutions in disposing of personal data, when this is necessary to perform the tasks relating to prevention and investigation of corruption crimes or to exercise the official powers assigned to the data controller or a third person whereto the data are disclosed. 3rd quarter of 2006 Ministry of Justice Special Investigation Service Ministry of the Interior State Data Protection Inspectorate CHAPTER III ANTI-CORRUPTION EDUCATION OF THE PUBLIC AND PUBLIC SUPPORT EDUCATION AND SCIENCE
  251. Introduction of developed guidance means of anti-corruption education. To foster the culture of anti-corruption conduct among the persons studying at general secondary schools and primary vocational schools. 3rd quarter of 2006 Ministry of Education and Science Special Investigation Service
  252. Incorporation of anti-corruption education in the curricula of schools of higher education. To develop an anti-corruption culture. 4th quarter of 2007 Ministry of Education and Science Special Investigation Service schools of higher education
  253. Organisation of a competition for the best thesis on the topic of anti-corruption among students of higher education schools and publishing of its results. To instil the principles of anti-corruption conduct. annually Ministry of Education and Science schools of higher education Special Investigation Service public establishment Centre for Crime Prevention in Lithuania* Lithuanian students’ unions* PUBLIC ADMINISTRATION
  254. Analysis of the legal acts currently in force regulating the training of civil servants and the motivation-driven system of career development and drafting their amendments. To seek obligatory anti-corruption and professional ethics training (courses) aimed at improving the qualification of the civil servants of municipalities and to provide for financing thereof. To seek active involvement of state and municipal institutions and agencies in promoting the motivation of civil servants to attend the anti-corruption training of civil servants. To instil the principles of anti-corruption conduct in civil servants. To seek that completion of the anti-corruption and professional ethics training (courses) be considered as an advantage when assessing the qualification of state or municipal civil servants and promoting them. annually Ministry of the Interior Chief Commission of Official Ethics Ministry of Finance municipalities administrations of county governors Association of Local Authorities in Lithuania*
  255. Organisation of the preparation of lecturers of qualification improvement institutions for the purposes of anti-corruption and professional ethics training of civil servants. To instil the principles of anti-corruption conduct in civil servants at qualification improvement institutions. To ensure the preparation of 15-20 lecturers (stage 1) and subsequent long-term preparation and financing of the process. 1st quarter of 2007 Ministry of the Interior Special Investigation Service Support project for the improvement of administration and management* Chief Commission of Official Ethics
  256. Development of a pilot anti-corruption education programme for the civil servants and employees of municipal administrations and other entities of municipal administration, members of communities and implementation thereof. In co-operation with non-governmental organisations, to develop a pilot anti-corruption education programme and implement it. To instil anti-corruption principles in the civil servants and employees of municipal administrations and entities of municipal administration. To encourage members of a municipal community to participate in the anti-corruption education programme and develop intolerance towards corruption. 2006-2007 Special Investigation Service municipalities Ministry of the Interior Public establishment Modern Didactics Centre* Association of Local Authorities in Lithuania* public establishment “Transparency International” Lithuanian Chapter PROVISION OF INFORMATION TO THE PUBLIC
  257. Creation of a website of the National Anti-Corruption Programme. To publish the results of implementation of the National Anti-Corruption Programme, to exercise a more efficient control and monitoring of corruption. To publish information on the implementation of sectoral anti-corruption programmes and corruption prevention measures. 1st quarter of 2007 Special Investigation Service
  258. Organisation of competitions for the best investigative journalism articles on the topic of anti-corruption among journalists of the regional press, publishing of their results. To promote a more active involvement of the regional mass media in the field of anti-corruption and to seek the greatest possible spread of anti-corruption education of the public. 3rd quarter of 2006 Special Investigation Service journalists’ organisations*
  259. Organisation of a competition for the best journalist articles on the topic of anti-corruption, publishing of its results. To attract the attention of the Lithuanian population and the mass media to the topical problems of corruption at the State level. 3rd quarter of 2006 Special Investigation Service journalists’ organisations*
  260. Announcement of anti-corruption information during broadcast programmes. To familiarise as many representatives of society as possible with the problems of corruption control and prevention, to explain persons’ opportunities to actively resist corruption, etc. 4th quarter of 2006 public establishment Lithuanian National Radio and Television, Special Investigation Service, public establishment “Transparency International’ Lithuanian Chapter* public establishment Centre for Crime Prevention in Lithuania*
  261. Preparation and distribution of plain postcards, posters, information flyers (for the purpose of explaining the aims of the anti-corruption programme, persons’ rights and opportunities to resist corruption, etc.) To familiarise as many representatives of society as possible with the problems of control and prevention of corruption, to explain persons’ opportunities to actively resist corruption, etc. 2006-2008 Ministry of the Interior Special Investigation Service Association of Local Authorities in Lithuania* public establishment Centre for Crime Prevention in Lithuania* public establishment “Transparency International’ Lithuanian Chapter* National Union of Student Representations of Lithuania*
  262. Organisation of circuit meetings and meetings with the public of the Interdepartmental Commission on Co-ordination of Fight against Corruption. To familiarise as many representatives of society as possible with the problems of control and prevention of corruption, to explain persons’ opportunities to actively resist corruption, etc. 2006-2008 Interdepartmental Commission on Co-ordination of Fight against Corruption *Undertakings, agencies and organisations participate in the implementation of the National Anti-Corruption Programme on a voluntary basis. Annex to National Anti-Corruption Programme of the Republic of Lithuania SCHEME OF THE ENTITIES IMPLEMENTING THE national ANTI-CORRUPTION programme

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