Helsinki Citizens' Assembly-Vanadzor

Full and complete statistics is one of the important tools for an accountable and transparent policy

March 7, 2023

Activities | Legislative Proposals

With the support of IFES, HCA Vanadzor is developing recommendations of legislative changes in the corruption prevention sphere with the purpose of implementing international organisations’ recommendations regarding the Republic of Armenia. 

 

HCAV has developed draft legislative changes regarding 5 recommendations formulated regarding the RA by GRECO, 2018 Assessment of the Istanbul Anti-Corruption Action Plan, and UNCAC. For the implementation of the mentioned five recommendations, HCAV developed 8 draft legislative changes and 1 draft training program on the topics of  “ethics and conduct of judges, judicial impartiality and independence, prevention of corruption and conflict of interests”. Further, HCAV conducted meetings with state authorities and held discussions regarding the drafts.

 

The results of 2018 assessment of Istanbul Anti-Corruption Action Plan specify the following recommendation: 

 

Collect and analyse data on corruption cases to identify trends in types of corruption detected, investigated and prosecuted, to determine what practical challenges arise and how they can be tackled, including how new types of corruption offences are being investigated and prosecuted.

 

For the implementation of this recommendation, we conducted studies and, as a result, formulated a recommendation of a legal regulation change. 

 

It should be mentioned that part 4 of Article 5 of the RA Law on the Prosecutor’s Office specifies that prior to 1 April of each year, the General Prosecutor’s Office of the Republic of Armenia shall publish a communication on investigation of crimes on the website of the General Prosecutor’s Office of the Republic of Armenia. In accordance with investigative jurisdiction, the communication must contain information on the results of investigation of crimes committed during the previous year, statistical data, comparative analysis and conclusions thereon. Information, statistical data, comparative analysis and conclusions on the results of investigation of corruption crimes shall be submitted separately.

 

According to Article 5 of the RA Law on the Prosecutor’s Office, the RA Prosecutor General’s Office  shall submit to the National Assembly of the Republic of Armenia and publish a communication on investigation into crimes. The mentioned communications shall sum up cases of corruption crimes of the previous year and their results, as well as cases of confiscation of property of illegal origin.

 

Information on results of investigation of corruption cases is presented separately. Meanwhile, neither the Law on the Prosecutor’s Office, nor the RA State Statistics Council’s Decision N 52-N legislatively enshrine a compulsory procedure for presenting information on investigation into cases of confiscation of illegal property.

 

Attaching importance to this condition, we recommend that part 4 of Article 5 of the RA Law on Prosecutors Office be formulated the following way:

 

Information, statistical data, comparative analysis and conclusions on the results of investigation of corruption crimes, as well as cases of confiscation of illegal property shall be submitted separately.

 

Similarly, we recommend that “Corruption crimes recorded during the reporting period” part in the RA State Statistics Council’s decision N 52-N be formulated the following way, “Corruption crimes, as well as cases of confiscation of illegal property during the reporting period”. The aim of the mentioned recommendation is to have submission of information on the return of property of illegal origin not by custom or desire or preference or discretion of the Prosecutor General, but as implementation of an established obligation.

 

The developed draft change was discussed with the RA Prosecutor General’s Office, RA Ministry of Justice, RA Anti-Corruption Committee, RA Statistics Committee (armstat) and state authorities. The RA Statistics Committee is currently developing amendments to the normative acts that approve the procedure of keeping statistics and collecting information, and HCAV’s recommendation will be included in the package of changes. 

 

Discussions regarding the recommendation of making an amendment to the RA Law on the Prosecutor’s Office are ongoing.

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