Inconsistent policy of „investigating of property origin“
Transparency – Serbia (official chapter of Transparency International) emphasizes that in public confusion arise on „investigating of property origin“ and that state organs should come up with clear plans about how this area will be legally organized, but also with information why existing mechanisms weren’t sufficiently used in years.
Officials’ statements (interpreted by the media) informed the citizens that Law on Investigating of Property Origin will be amended, and that its adoption was envisaged by Action Plan for implementing Anticorruption Strategy, in first half of 2015. However, neither of this is true – neither does that Law exist, nor it is mentioned in Anticorruption Strategy from 2013.
Strategy planned introducing of criminal act of "illegal enrichment", on the basis of article 20. of the UN Convention Against Corruption. According to Action Plan, draft amendments of Criminal Code in that regards should have been prepared by Ministry of Justice this summer, Draft should have entered procedure before deputies in September, and amendments should have been adopted so far. That would allow prosecution of cases where in doubt that property of certain public servant overcomes its legal incomes, although there are no proves related to execution of some specific criminal act.
On the other hand, Strategy says nothing on verification mechanism implementation, existing since 2003 (Law on Tax Procedure and Tax Administration), on crosscutting verification of property and incomes, that could be implemented to any tax payer (not only to public officials). Transparency - Serbia thinks that besides improving regulations and securing implementation of existing ones, information of why they haven’t been used more so far should be announced, because implementation of the Law shouldn’t become matter of occasional campaigns (e.g. politicians, celebrities), but rather permanent activity of state organs.
Transparency – Serbia
Belgrade, 21st of January 2015
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