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Anti-Corruption Law: Lessons for Former Soviet Countries from Azerbaijan

Journal of Eurasian Law 1(2-3)

41 Pages Posted: 29 Jan 2008 Last revised: 17 May 2014

Bryane Michael

University of Hong Kong Faculty of Law; University of Oxford

Natalya Mishyna

Odessa Law Academy

Date Written: October 1, 2007

Abstract

This article discusses the problems with the legal framework regulating anti-corruption work in Azerbaijan and other Former Soviet countries. These problems revolve around the excessive reliance on legislative strategies and action plans which can not be translated into ministry-level rule-making (regulation), the insufficient delegation of anti-corruption rule-making authority to executive agencies, and uncoordinated revisions to the criminal, civil and administrative codes. Advice given by donors - particularly the OECD Network for Transition Economies - exacerbates these problems. In order to provide a more solid basis for the current anti-corruption legal framework in Azerbaijan (and former Soviet countries like Azerbaijan), anti-corruption commissions (or other similar anti-corruption policymaking bodies) should choose which legislative strategy to follow (namely the Eastern European or Western European Model as discussed in this paper). In implementing National Anti-Corruption Action Plans, the Executive Office of the President (or parliamentary advisory body in countries with a parliamentary system of government) should divide existing national anti-corruption action plans into four categories, namely: a) directives (needing no further clarification), binding recommendations (requiring further drafting), legislative proposals (being developed into separate legislation), or repealed recommendations (based on a lack of specificity or relevance for an anti-corruption programme).

Keywords: anticorruption, law, eastern europe, azerbaijan

JEL Classification: D73

Suggested Citation

Michael, Bryane and Mishyna, Natalya, Anti-Corruption Law: Lessons for Former Soviet Countries from Azerbaijan (October 1, 2007). Journal of Eurasian Law 1(2-3). Available at SSRN: https://ssrn.com/abstract=1088284 or http://dx.doi.org/10.2139/ssrn.1088284

Bryane Michael (Contact Author)

University of Hong Kong Faculty of Law ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

HOME PAGE: http://web.hku.hk/~bmichael/

University of Oxford ( email )

South Parks Road
Oxford, Oxfordshire OX1 3QY
United Kingdom

HOME PAGE: http://users.ox.ac.uk/~scat1663/

Natalya Mishyna

Odessa Law Academy ( email )

United States

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