Article 1
In the Law on Prevention of Corruption (“Official Gazette of the Republic of Macedonia” No. 28/2002), paragraph 1 of Article 1 is amended and is as following:
(1) The Law shall regulate measures and activities for prevention of corruption in exercising of power, public authorizations, official duty and policy, measures and activities for prevention of conflict of interests, measures and activities for prevention of corruption in performing matters of public interests by legal entities related to exercising public authorizations, as well as measures and activities for prevention of corruption in commercial companies.
In paragraph 2 the words: “and activities” are added after the word “measures”.
Article 2
After Article 1, a new title and article, 1-a, are added as following:
“Definition of corruption”
Article 1-
In terms of this Law, corruption denotes using of function, public authorization, official duty and position for the purpose to gain any benefit for oneself or for other person.”
Article 3
A new paragraph (1) is added to Article 2, as following:
(1) Every person is obliged to act in accordance with the Constitution and laws in exercising of function, public authorizations, official duty and position”.
In paragraph (1), now paragraph (2) the words: “abuse their public function or duty” are amended with the words: “use their function, public authorization, official duty and position”.
Paragraph (2) is now paragraph (3).
Article 4
Article 3 is amended and is as following:
(1) Each person is obliged to act conscientiously, expertly, responsibly, efficiently and impartially in the performing of their function, public authorization, official duty and position..
(2) No persons may use the performing of the function, public authorizations, official duties and position for realizing personal gains.”
Article 5
Article 4 paragraph (1) is amended as following:
(1) Every person has the right to equal access to performing matters of public interest and equal treatment by government officials, persons performing public authorizations, official duties and position.
In paragraph (2) the word “citizen” is deleted, and after the word “behavior” the comma is replaced with a full-stop and the rest of the sentence is deleted.
Paragraph (3) is amended as following:
(3) Every person has a right to prevent or report an action that represents using the function, public authorizations, official duties and position, performed for realizing personal gain or to the damage of another party, without facing any consequences.”
Article 6
In Article 5 paragraph (1) is amended as following:
(1) Performing governmental duties, public authorizations, official duty and position, as well as the matters of public interest are public and subject to public control.
In paragraph (2) the words: “abuse of function or duty for reasons of greed” are replaced with the words: “abuse of function, public authorizations, official duties and position for realizing gain, benefit or advantage for one self or other parties.”
Article 7
After Article 5 a new title and a new Article, 5-a, are added as following:
Principle of liability
Article 5-a
(1) Every person damaged by an act of corruption is entitled to request compensation for damage, real damage and loss of profit, according to the principles of joint liability by the person committing the act of corruption, as well as from the legal person in which the person committing the act of corruption performed functions or duties at the time of such an act.
(2) The right from paragraph (1) of this Article, may be realized when the act of corruption is established in a standing court decision.”
Article 8
The title in front of Article 6 and Article 6 is deleted.
Article 9
In Article 7 paragraphs (1) and (2) are amended as following:
(1) For the purposes of defining the meaning of the terms elected or appointed functionary, as well as other authorized official, legal person, responsible person in a legal person and a person performing activities of public interest, the provisions of meaning of the terms from the Criminal Code are applied.
(2) The term benefit understands realizing any kind of gain, benefit or advantage for one self or another person.”
Article 10
In the title before Article 8 the following words are added after the word “citizen”: “and foundations”.
Article 11
Article 8 is amended and is as following:
(1) Financing the work and the activities of a political party, trade union or citizens association and foundation is public and is conducted according to law.
(2) Financing the work and activities of foreign and international non-governmental organizations in the Republic of Macedonia is public.”
Article 12
The title in front of Article 9 and Article 9 is deleted.
Article 13
In Article 10 after the words: “budget funds of the Republic of Macedonia” the following words are added: “from the budgets of the local self-government units,”, and after the words: “public enterprises” the words “public institution” are added.
Article 14
In Article 11 paragraph (1) is amended as following:
(1) Budget funds of the Republic of Macedonia, funds from the budgets of local self-government units, public funds and funds of public enterprises and public institutions and legal entities that have state capital may not be used for financing an election campaign, unless otherwise provisioned by a law provisioning the financing of election campaigns of political parties.
Article 15
In Article 12 paragraph (1) is amended as following:
(1) In cases of reasonable doubt that budget funds or assets from public funds, or funds from public enterprises and public institutions or other legal entities with state capital, are directly or indirectly, through investment activities or in another manner, used in an election campaign or, generally, used for financing an election or another political activity, the State commission undertakes measures for determining such doubts.
A new paragraph (2) is added after paragraph (1), as following:
(2) If the State commission determines that the doubts from paragraph (1) of this Article are founded, it informs the competent authorities of this and requests from them to undertake activities in the frames of their competences.
In paragraph (3) in the first line the words: “one month” are replaced with the words: “three months”.
Paragraph (2) is now paragraph (4).
Article 16
Article 13 is amended as following:
(1) A political party or an election candidate may not collect and use funds from illegal sources.
(2) In case of doubt that the political party or an election candidate utilized funds from illegal sources, the State Commission shall request from the competent bodies to perform inspection of the inflow and utilization of the funds.
(3) The inspection of the inflow of funds or other bank payments, at the request of the State commission shall not be considered a violation of banking confidentiality.”
Article 17
Article 14 is amended as following:
(1) Giving or promising a gift, or other benefit for oneself or other persons, to voters during elections or referendums, to vote or not to vote, or to vote for a certain candidate or decision, shall be considered bribery in elections and voting.
(2) If the State Commission finds out or has reasons for doubts of acts from paragraph (1) of this Article, it shall inform the competent Public Prosecutor and the State Election Commission in writing.
(3) The Public Prosecutor and the State Election Commission in 30 days time from the date of receiving the notification from paragraph (2) of this Article inform the State Commission of the measures and activities undertaken in the frames of their competences.
Article 18
In Article 15 paragraph (1) in the first line the words: “also looks at” are deleted.
After paragraph (1) two new paragraphs shall be added (2) and (3), as following:
(2) The Public procurement office is obliged to submit a report to the State Commission every three months on the public procurement agreements and other agreements from paragraph.
(1) of this Article made by governmental bodies, bodies of the local self-government units, public enterprises, public institutions and other legal entities that have state capital.
(3) If the State Commission determines privileges or discrimination regarding the agreements, public procurements and other agreements from paragraph (1) of this Article, it shall request from the competent bodies to undertake measures and activities in the range of their competences.
Paragraph (2) shall be paragraph (4).
Article 19
A new Article 16- is added after Article 16, as following:
Article 16-a
(1) A political party or a person representing a political party may not exert influence during
employment, allocation or termination of a working relationship of an authorized official.
(2) The decision for employment, allocation and termination of a working relationship must be elaborated and based on legal criteria.
(3) The State Commission may request the competent body for a revision or annulment of a decision adopted in opposition to paragraphs (1) and (2) of this Article.
(4) The body that adopted the decision from paragraph (2) of this Article is obliged to act on the request by the State Commission in 30 days time from the date of receiving the request
Article 20
In Article 17 paragraph (1), in the second line, the word “the question” is deleted and replaced with the word “question”.
In paragraph (3) the words: “who ever” are replaced with the words “everyone”, and after the words: “public enterprise” a comma is added and the words: “public institution” are placed.
Article 21
In Article 19 paragraph (2), in the second line, the full-stop is deleted after the words
“protection” and the words “in accordance with the law” are added.
A new paragraph (3) is added after paragraph (2), as following:
(3) The indemnification request from paragraph (2) of this Article shall be submitted to a competent body.
Paragraphs (3) and (4) shall be paragraphs (4) and (5).
Article 22
In Article 20 paragraph (1) the words: “generally” and “none at all” are deleted.
Paragraph (2) is amended as following:
(2) For influencing the work or the undertaking of concrete activities, the persons from paragraph (1) of this Article inform the State Commission.”
A new paragraph (3) is added after paragraph (2), as following:
(3) The State Commission informs the Parliament of the Republic of Macedonia on the influencing of the work or the undertaking of concrete activities on the members of the State
Commission.
Article 23
In Article 21 paragraph (2) the words: “his immediate superior” are replaced with the words: “the functionary managing the body.”
In paragraph (4), in the third line, after the words: “public enterprise” the full-stop is deleted and the words “public institution or another legal person with state capital” are added.
Article 24
In Article 22 paragraph (1) shall be amended as following:
(1) An elected or appointed functionary, other authorized official or responsible person in a public enterprise, a public institution or another legal person with state capital may not, in the performing of their function, that is service, create business relations with a legal person founded by him or a member of his family, or in which the responsible person is a member of his family, and in cases when the business relations are created a priori, he is obliged to exclude himself from any decision making and to inform the State Commission of this.”
Paragraph (2) is deleted.
Article 25
In Article 23 after the words: “public enterprise” the full-stop is deleted and the words “public institution or another legal person with state capital” are added.
Article 26
Article 24 is amended as following:
An elected or appointed functionary, as well as another official or responsible person in a public enterprise, a public institution or other legal person with state capital is obliged to, immediately and in 15 days time the latest from the date of election, appointment, employment or coming into office, report to the State Commission every turnover with state assets that is a subject of a legal relation with a legal person founded by him or a member of his family, or in which the responsible person is a member of his family.”
Article 27
In Article 25 paragraph (1) in the second line after the words: “public enterprises” the words “public institution” are added. Paragraph (2) is deleted.
Article 28
In Article 26 paragraph (1) is amended as following:
(1) When state bodies, public enterprises, public institutions and other legal entities with state capital appear as beneficiaries of donations and other foreign aid they are obliged to inform the State Commission regarding the plan for utilization of the funds and to submit a final report on the utilization of the funds.”
Article 29
Article 27 is amended as following:
An elected or appointed functionary, as well as other authorized officials or a responsible person in a public enterprise, a public institution or another legal person with state capital that in three years time from the date of termination of function, that is office, founds a trade company or conducts activities in the area in which profit is realized from the field in which he worked, is obliged to inform the State Commission of this in 30 days time.”
Article 30
In Article 28 paragraph (1) shall be amended as following:
(1) An elected or appointed functionary, an authorized officials or a responsible person in a public enterprise, a public institution or in another legal person with state capital may not, in the duration if his mandate, that is office and in three years time after the termination of the same, acquire on any basis or in any form shareholding rights in a legal person on which he, or the body he works or worked in, performs, that is performed, supervision, unless those rights are acquired by right of inheritance.”
Article 31
In Article 29 paragraph (1) after the words: “public enterprise” the words “public institution or another legal person with state capital” are added.
Article 32
In Article 30 the words: “of lesser value” are replaced with the words: “in a value prescribed
by law.”
Article 33
In Article 32 paragraphs (1), (2) and (3) after the words: “public enterprise”, the words “public institution” are added.
Article 34
In Article 33 paragraph (1) is amended as following:
(1) An elected or appointed functionary, a responsible person in a public enterprise, a public institution or another legal person with state capital, an authorized official in the election, appointment, that is after the employment, and latest in 30 days time from the date of election, appointment, employment or coming into office, fills out a questionnaire with a detailed inventory of real property, movable property of greater value, securities, receivables and liabilities, as well as other assets in his possession or in the possession of the members of his family.”
After paragraph (1) a new paragraph (2) is added, as follows:
(2) Persons from paragraph (1) of this Article are obliged to fill out a Questionnaire in 30 days time after the termination of office, that is the termination of employment.”
In paragraph (2) that shall be paragraph (3), in the first line, after the words: “In the election” the word “appointment” is added, and after the words: “that is after” the words: “the employment or after” are added.
Paragraph (3) that shall be paragraph (4) shall be amended as following:
(4) An elected or appointed functionary, a responsible person in a public enterprise, a public institution or another legal person with state capital, submits the Questionnaire from paragraphs (1) and (2) and the statement from paragraph (3) of this Article to the State Commission and the Public Revenue Office, and the authorized official to the body, that is the legal person in which he is employed. The competent body, that is the legal person in which the authorized official is employed submits the Questionnaire to the State Commission in 60 days time from the date of employment.”
After paragraph (4) a new paragraph (5) is added, as following:
(5) An elected or appointed functionary, a responsible person in the public enterprise, the public institution or another legal person with state capital is obliged to inform the State Commission regarding any changes in function, that is office.
In paragraph (4) that shall be paragraph (6) the words: “Government of the Republic of Macedonia” are replaced with the words “State Commission.”
Article 35
In Article 34 paragraph (1) the words: “realized in the economy” and “in the Republic” are deleted.
Article 36
Article 36 shall be amended as following:
(1) Against an elected or appointed functionary, as well as other authorized officials or a responsible person in a public enterprise, a public institution or another legal person with state capital, a procedure may be initiated for inspection of property and assets, if the person from the Questionnaire from Article 33 of this law:
– did not submit information;
– provided false or incomplete information;
– or if the person has not reported a property change, or in the form from Article 34 of this law it has provided false and incomplete information.
(2) A procedure shall be initiated against the person from paragraph (1) of this Article also if it is determined that his assets or the assets of a member of his family, in the duration of the mandate, that is during the term in office or the duration of the employment, has received a disproportional increase in regard to the regular income in the form of salary, dividend and other revenue from performing activities or assets.
(3) The procedure from paragraph (1) of this Article is initiated by the Public Revenue Office.
(4) A request for initiating a procedure can also be submitted by the State Commission.
(5) With the initiation of the procedure, the Public Revenue Office submits a proposition to the competent first instance court for an interim measure for suspending the disposal of assets.”
Article 37
After Article 36 two new articles, 36-a and 36-b, shall be added, as following:
Article 36-a
(1) If, in the procedure for assessing the property and assets it is not proved that the property was acquired, that is increased as a result of regular income, reported and taxed, the Public Revenue Office shall adopt a decision for taxation using as the basis for taxation the difference between the determined regular, reported and taxed income of the person and the members of his family and the estimated market value of the property. The thus established tax basis is taxed with a tax rate of 70% from the difference between the taxed and reported income, that is the market value of the property.
(2) If it is determined that the property has been increased to a large extent, the Public Revenue Office initiates a criminal procedure against that person in the competent Public Prosecutors Office.
(3) For actions undertaken pursuant to paragraphs (1) and (2) of this Article the Public Revenue Office informs the State Commission.
Article 36-b
(1) An administrative dispute via complaint can be initiated against the final taxation decision from Article 36-a of this Law in front of the competent court determined by law. The proceedings before the court are urgent.
(2) The Public Revenue Office submits a proposal for enforcement in 8 days time after the coming into power of the decision, that is verdict, to the competent first instance court, that issues an order for immediate enforcement and latest in three days time after receiving the proposal.
(3) The enforcement proposal cannot be appealed against.
(4) The standing decision, that is verdict is enforced on the full assets of the person, as well as the assets of the members of his family, and if the assets have been transferred to third parties from the start of the procedure for their inspection, without compensation or for a compensation incongruent with the assets’ market value, the decision is enforced on the thus transferred assets as well. Regarding a complaint that those persons have provided a compensation for the transferred assets in accordance to the market value, the court makes a decision only on the basis of veritable documents for the basis and manner of payment, in three days time from the submission of the complaint. The complaint may be appealed in eight days time from the date of receiving the decision. The second instance court decides on the appeal in three days time from the date of receiving the appeal.
(5) During the court procedure and the enforcement procedure the president of the competent court is obliged ex-officio to maintain the deadlines, the serving of court acts and the expedience in the enforcement of the standing decision.”
Article 38
In Article 37 paragraph (1) in the second line after the words: “public enterprise” the words “public institution” are added.
In paragraph (2), in the third line, after the word “expertly” the word “impartially” is added.
Article 39
Article 40 shall be amended as following:
(1) An authorized official that is requested by his superior, or elected, or appointed functionary, in the performing of his work to act in opposition to the Constitution, a law or another regulation, is obliged to indicate this to the person issuing them the order.
(2) If, even after the oral indication, the immediate superior repeats the order from paragraph (1) of this Article, the authorized official shall immediately, in writing, inform the immediate superior of the person issuing the order and the State Commission. After the written notice the authorized official is exempt from the liability of committing an illegal official activity and cannot be held liable for it.”
Article 40
Article 41 shall be amended as following:
An elected or appointed functionary, as well as other authorized officials and a responsible person in a public enterprise, a public institution or another legal person with state capital is obliged to report every punishable act related to corruption, as well as all infringements of the provisions from this law, that they have come into knowledge of in the performing of their duties.
Article 41
In Article 42 paragraph (1) is amended as following:
(1) An elected or nominated functionary, other official person or responsible person in a public enterprise, a public institution or another legal person with state capital may not use their position to influence another person in a state body, a public enterprise, a public institution or another legal person, in making or not making a certain decision, in doing something, in making omissions or putting up with something, for realizing gain, benefit or advantage for themselves or another party.
Article 42
Article 44 shall be amended as following:
An elected or appointed functionary, as well as other authorized officials, or a responsible person in a public enterprise, a public institution or another legal person with state capital that has been offered a bribe is obliged to undertake measures for identification of the briber and to report that person to the competent body.”
Article 43
Article 45 shall be amended as following:
A person charged with acts of corruption immediately informs the body that elected or appointed it, that is his superior and the State Commission.”
Article 44
In Article 46 paragraph (1) the words: “Each person that” are replaced with the words:
Anyone who”, and the word “verdict” is replaced with the word “decision”.
In paragraph (2) the words: “The damaged person” are replaced with the words: “Any person damaged”, the word “may” is replaced with the words: “has a right to”, and the word “verdict” is replaced with the word “decision”.
Article 45
In Article 47 paragraph (1) the full-stop at the end of the sentence is deleted and the words: “and has the capacity of a legal person”. Paragraph (3) is deleted.
Article 46
In Article 48 paragraph (1) after the words: “it nominates them” the words “it dismisses them”
are added, and the word “four” is replaced with the word “five”. After paragraph (2) a new
paragraph (3) is added, as following:
(3) The members of the State Commission conduct their function professionally.
Paragraph (3) shall be paragraph (4).
Article 47
After Article 48 three new articles, 48-a, 48-b and 48-c, shall be added, as following:
Article 48-a
A member of the State Commission is dismissed if:
– it is at his own request;
– he is convicted of a criminal act to a unconditional prison sentence of at least six months; and
– he is permanently disabled for performing his function.
Article 48-b
The funds for performing the activities of the State Commission are provided from the Budget of the Republic of Macedonia.
Article 48-c
(1) For performing the expert, administrative and technical activities of the State Commission a Secretariat is founded as the expert office of the State Commission.
(2) The Secretariat is managed by a Secretary appointed and dismissed by the State Commission.
(3) The Secretary and the employees of the Secretariat have the status of civil servants.”
Article 48
In Article 49, paragraph (1), line 4 after the word “citizens” the words “and foundations” are added.
In line 5, after the word “dismissal” the word “reassignment” is added.
In line 6 the word “this” is deleted.
In the first row of line 7 the comma after the word “condition” is deleted and the word “and” is added, and the words: “additional and other profit activities” are deleted.
Line 9 is deleted.
Line 10 is amended as following:
– submits an annual report on his work and the undertaken measures and activities to the Parliament of the Republic of Macedonia, and delivers it to the President of the Republic, the Government of the Republic of Macedonia and the media.
In line 11, the word “suppression” is replaced with the word “prevention”
In line 12 the words: “organs and bodies” are replaced with the word “organizations”, and the word “suppression” is replaced with the word “prevention.”
After line 13 line 14 is added as following:
– adopts acts for the internal organization and systematization of the working positions in the Secretariat.”
In paragraph (2) after the word “results” the comma is replaced with a full-stop and the rest of the sentence is deleted.
Article 49
Paragraph (2) of Article 50 is deleted. Paragraph (3) shall be paragraph (2).
Article 50
Article 52 shall be amended as following:
(1) For explaining certain issues important in the decision making, the State Commission may invite the person in the proceeding in question, as well as other persons.
(2) If the person from paragraph (1) of this Article does not answer the invitation, the State Commission reviews the case depending on the other evidence at their disposal.
(3) The procedure from paragraph (1) of this Article is confidential.”
Article 51
The title in front of Article 54 is amended as following: “Inspection of the documents of state bodies and other legal persons.”
Article 52
In Article 54 the words: “funds expenditure” are replaced with the word “documentation.”
Article 53
In Article 55 paragraph (2) the words: “might be initiated” are replaced with the words: “on personal initiative and on request the State Commission initiates”. In the second sentence after the number “36” the words “and Article 36-a” are added.
In paragraph (3) the full-stop at the end of the sentence is deleted and the words: “and foundations” are added.
Article 54
In Article 56 paragraph (2) after the words: “sources of information” the full-stop is deleted and the words: “in accordance with the law” are added, and the word “secret” is replaced with the world “confidential”.
Article 55
In Article 58 paragraph (1) is amended as following:
(1) Every bank, savings bank, exchange office, insurance company, stock exchange or other financial organization employee is obliged to immediately report suspicious transactions connected to corruption. The report is submitted to the responsible person in that legal person and to the bodies prescribed by law and to the State Commission.”
Article 56
In Article 59 paragraph (1) is amended as following:
(1) A responsible person in a trade company or another legal person may not use his position, receive a reward or any other gain or promise, for themselves or other parties, for the purposes of:
– creating a monopoly position on the market;
– discrimination of other trade companies or other legal persons;
– creating disorder on the market, and
– creating damage to another physical or legal person, that does not come as a result of loyal market competition.
After paragraph (1) a new paragraph (2) is added, as following:
(2) A trade company or another legal person may not create relations of business cooperation with a trade company or another legal person in cases of conflict of interests.
Paragraph (2) shall be paragraph (3).
In paragraph (3) that shall be paragraph (4), in the first line after the number “1” the numbers
“2 and 3” are added.
Paragraph (4) is deleted.
Paragraph (5) is amended as following:
(5) If there is reasonable doubt in the correctness of the annual balance sheet submitted by the legal person or the other accounting records and financial documents, the Public Revenue Office at a request by the State Commission shall perform inspection of the material and financial work.”
After paragraph (5) two new paragraphs shall be added (6) and (7), as following:
(6) If there is reasonable doubt in the correctness of the information regarding the material and financial work of the trade company or another legal person, at a request by the State Commission, the competent state bodies shall perform control of the material and financial work of that legal person.
(7) If irregularities are determined after the control from paragraph (6) of this Article, the Public Revenue Office shall initiate a procedure for assessment of the property against the responsible person in the trade company and the other legal person, that is the members of the management body of the legal person. The procedure is made according to the provisions of Article 36 and 36-a of this law.”
Article 57
Article 60 shall be amended as following:
(1) A political party that uses funds for financing in opposition to the provisions from Articles 10, 11, 12 and 13 of this Law will be fined with a monetary fine of 200,000 to 300,000 denars.
(2) The responsible person in a legal person acting in opposition to the provisions of Articles 10, 11, 12 and 13 of this Law will be fined with a monetary fine of 30,000 to 50,000 denars,
(3) If the act from paragraph (1) of this Article is committed for purposes of cupidity or a greater substantive damage has been caused, the responsible person in the legal person and the political party will be fined for a violation in