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1.
The analysis of active bribery in positive criminal law of Germany and Austria
Mijo Galiot, 2017, izvirni znanstveni članek

Opis: The criminal policy of preventing the commission of crimes, especially corruption and bribery, is of great importance for every regulated legal system. The success of the named policy depends largely on the overall political and economic development of each country. In support of the existing scientific debate, this paper analyses the positive criminal law regulation of the Federal Republic of Germany and the Republic of Austria with regard to the question of active bribery as one of the main forms of corrupt behaviour. The author will comparatively present the German and Austrian criminal systems, which, same as the Croatian, belong to European continental criminal legal system, and will thus address the fundamental similarities and differences between the legal regulations of active bribery within the named legislations.
Ključne besede: benefit, corruption, active bribery, prosecution, punishment, criminal sanctions
Objavljeno: 15.01.2021; Ogledov: 45; Prenosov: 4
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2.
Crime as a business, business as a crime
Josip Kregar, Antonija Petričušić, 2010, pregledni znanstveni članek

Opis: Purpose: This paper endorses the claim that in transitional societies the line between business and crime is elusive because weak states foster a legal order that is formalistic, bureaucratic, politically biased and prone to corruption. Design/Methods/Approach: Three elements are discussed in the paper. First, the paper briefly analyses legal and institutional state of affairs in transitional Western Balkans societies that condone organised crime. Secondly, it investigates the phenomenology of the (corruptive) crime behaviour, explaining how it managed to integrate into society in the context of a weak state. Thirdly, the paper investigates why state policies and measures fail to fight crime as the business. In this part the paper contests a traditional definition of criminal organisation as a hierarchical one, claiming that mafias are not organizations in a traditional sense. Findings: The paper emphasizes that the fight against organised crime is not just a fight against individuals or individual criminal behaviour; but a fight to increase the efficiency of the government. The paper furthermore asserts that better understand of the organised crime problem can occur only if its fighting and addressing happens from the point of view of a good governance. Namely, the precondition to fight against organised crime or parallel activity requires increased efficiency and capacity of governmental institutions. Originality/Value: This paper adds to the academic and practical understanding of the organised crime in the post-transitional settings. Apart from being instructive and up-todated source of information for the regional setting it deals with, the paper sheds a new light on understanding of organised crime.
Ključne besede: organised crime, organisation, transition, money laundering, corruption, good governance, South-Eastern Europe
Objavljeno: 12.05.2020; Ogledov: 245; Prenosov: 32
.pdf Celotno besedilo (551,52 KB)
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3.
The significance of studying and investigation art crime
Bojan Dobovšek, Boštjan Slak, 2011, pregledni znanstveni članek

Opis: Purpose: The purpose of this paper is to demonstrate the basic importance of studying and investigating art crime. Design/Methods/Approach: This paper presents a literature review with new commentary. Findings: Art crime has a long history and there has been some good research done on the topic. However it is still unrecognised in broader circles, even among professionals, and only a portion of the importance of art crime has been studied, often without a strong analysis of the complexities of the field. This paper will seek to fill in some of the gaps in scholarship, while summarizing much of the available literature. Research limitations/implications: A lack of proper and comprehensive academic literature limits the extent of this study, but this is the very reason why this paper is important. Practical implications: This paper represents a summary of the significance of art crime studies and investigation. Originality/Value: The main value is to those who are not yet familiar with art crime. This paper will further bring in some new views to complement the existing scholarship, and will be of interest to those who are keen on knowing about art crime.
Ključne besede: art crime, insurance premiums, looting, war art crime, organised crime, money laundering, corruption
Objavljeno: 12.05.2020; Ogledov: 299; Prenosov: 11
.pdf Celotno besedilo (577,27 KB)
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4.
Assessing the preventive anti-corruption efforts in Slovenia
Jasna Fedran, Bojan Dobovšek, Brane Ažman, 2015, izvirni znanstveni članek

Opis: Purpose: Corruption is one of the greatest and most serious social problems our country faces today. Slovenia was found to be burdened with systemic or structural corruption; therefore, one of its priority efforts should be establishing a more effective national structure and taking the most appropriate systemic anti-corruption measures. According to the fact that the previous repressive reactions against corruption have proven ineffective, it is necessary to pursue the objective of its anti-corruption measures aimed at its prevention. One of the major measures is the integrity plan, representing a successful breakthrough in the area of prevention of corruption, as Slovenia is the first in the European Union to have implemented it. Consequently, a research on integrity plans was conducted. The purpose of the article is to highlight or emphasize the meaning of the topical preventive measure in curbing corruption in Slovenia from the perspective of public sector institutions which are obliged to elaborate the integrity plan. Design/Methods/Approach: This contribution is based on methods specific to qualitative research, particularly comparative and descriptive ones. Further, the methods of analysis and examination of relevant domestic and foreign primary and secondary resources and legal acts are used. As a data collection technique, the authors take interviews with integrity plan planners and producers. Findings: With regard to the issue at hand, aversion or unwillingness of integrity plan producers to participate in our research was found, generally. However, the detailed results of the research not only show that the current concept of integrity plan should be partially upgraded, but they also reveal that only few leading employees participate in elaborating their integrity plan. Originality/Value: An issue arising from the paper reflects the exceptional endeavor to establish a stable prevention national policy.
Ključne besede: integrity, integrity plan, integrity plan producers, corruption, prevention of corruption, Commission for the Prevention of Corruption, Slovenia
Objavljeno: 16.04.2020; Ogledov: 224; Prenosov: 15
.pdf Celotno besedilo (346,71 KB)
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5.
Inoculation of safety in healthcare
Bojan Dobovšek, Boštjan Slak, 2017, pregledni znanstveni članek

Opis: The purpose of this paper is to analyse - through a prism of informal institutions - the role and importance of security in healthcare and the manner in which healthcare sector copes with security threats in postmodern society. We note that bad informal institutions are differently reflected in Slovenia. In the forefront are the problems of systemic corruption, various forms of clientelism and nepotism. This is (in)directly reflected in the (lack of) quality of Slovenian healthcare system. Inadequate public procurement system and conflicts of interest in healthcare sector are causing inferior quality of the healthcare system, while informal institutions in politics and economics are weakening Slovenian economy, consequently affecting the funding of Slovenian healthcare system which is also undermined by the financial crisis. Additionally, globalisation, which has a (negative) impact on human health, has caused the importation of improper business practices into healthcare system. It is therefore necessary to develop a preventive action that will inoculate the idea of a safe country for the benefit of people and not for the benefit of bad informal networks.
Ključne besede: informal institutions, corruption, health systems, security
Objavljeno: 09.10.2018; Ogledov: 548; Prenosov: 74
.pdf Celotno besedilo (566,97 KB)
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6.
The analysis of active bribery in positive criminal law of Germany and Austria
Mijo Galiot, 2017, izvirni znanstveni članek

Opis: The criminal policy of preventing the commission of crimes, especially corruption and bribery, is of great importance for every regulated legal system. The success of the named policy depends largely on the overall political and economic development of each country. In support of the existing scientific debate, this paper analyses the positive criminal law regulation of the Federal Republic of Germany and the Republic of Austria with regard to the question of active bribery as one of the main forms of corrupt behaviour. The author will comparatively present the German and Austrian criminal systems, which, same as the Croatian, belong to European continental criminal legal system, and will thus address the fundamental similarities and differences between the legal regulations of active bribery within the named legislations.
Ključne besede: benefit, corruption, active bribery, prosecution, punishment, criminal sanctions
Objavljeno: 02.08.2018; Ogledov: 431; Prenosov: 41
.pdf Celotno besedilo (399,06 KB)
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7.
Corruption in public administration units and organizational measures to prevent and fight corruption
Andrejka Mevc, Milan Pagon, 2008, izvirni znanstveni članek

Opis: This paper presents the results of a study that investigated the attitudes of civil servants in public administration units in Slovenia regarding corruption at work. The results show that civil servants employed in public administration units take corruption seriously. The employees' perceptions of corruption and their willingness to report the offender are closely connected to their opinion on how others - their colleagues - perceive it (i.e., how serious they find corruption and whether they are willing to report the offender). There are important gender differences regarding the perceptions of corruption, as well as differences in the function they have and their membership in organizational units. The authors conclude that it is necessary to develop and strengthen the feelings of the employees' security and increase the link between perceiving corruption and one's own judgment of the seriousness of corruptive behaviour, as well as to decrease the tolerance regarding corruption.
Ključne besede: administrative corruption, corruptive behaviour, code of silence, anticorruptive measures, offender, management, civil servant, public administration unit
Objavljeno: 29.11.2017; Ogledov: 503; Prenosov: 270
.pdf Celotno besedilo (760,73 KB)
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8.
An analysis of corruption in microenterprises
Mladen Tomašič, 2009, izvirni znanstveni članek

Opis: The purpose of this study is to present the research work made whilst studying the presence of corruption in the operations of Slovenian micro-enterprises. Our study builds on research which we carried out in 2005 and compares the findings of both studies. We wish to present our findings to public experts for a professional assessment and provide a basis for further work. We hope that in this way we can contribute to the development of new guidelines for the preparation of further analysis, the causes and elimination or at least limitation of corruption in business operations. Notable studies, which address corporate corruption in Slovenia, are non-existent. The results have confirmed the basic research hypothesis that the presence of corruption in the micro-business environment compared to a previous study in the last five years has increased.
Ključne besede: micro-enterprise, micro-entrepreneur, corruption, corruptness
Objavljeno: 28.11.2017; Ogledov: 390; Prenosov: 231
.pdf Celotno besedilo (1,09 MB)
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9.
5th traditional law conference of the University of Ljubljana, Faculty of Law, Özyegin University Istanbul, Faculty of Law, and University of Maribor, Faculty of Law: Corruption – a deviation or an inherent part of human society? Some legal considerations
2017, zbornik recenziranih znanstvenih prispevkov na mednarodni ali tuji konferenci

Opis: Corruption is a dishonest or unethical conduct by a person (also company, state…) entrusted with a position of authority, with the intention to acquire certain benefits or advantages. Nowadays, corruption is present in all states and societies, and could be widespread in all legal and human relations. Corruption is mostly associated with embezzlement, bribery, coercion, extortion, blackmail… Therefore, the corruption is mostly of illegal nature. International and national anti-corruption initiatives and actions pay special attention to the fields where the impact of corruption affects the most vulnerable groups of people. On the international level the most active role is played by Transparency International, an international organisation fighting against corruption.
Ključne besede: corruption, criminal law, human rights, illicit arms trafficking, family law
Objavljeno: 10.03.2017; Ogledov: 955; Prenosov: 61
.pdf Celotno besedilo (1,76 MB)
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10.
The impact of corruption and organized crime on the development of sustainable tourism
Janez Mekinc, Tina Kociper, Bojan Dobovšek, 2013, izvirni znanstveni članek

Opis: Purpose: This study focuses on the phenomenon of organized criminality and corruption. Its purpose is to analyse and explain how organized crime and corruption impact the processes of environmentally sustainable development and, indirectly, the development of tourist destinations and activities. Design/Methods/Approach: We analyzed relationships between tourist destinations, sustainable tourism, organized crime, and corruption from secondary data. We further synthesize findings and supplement them with observations and previous research findings. Findings: Organized crime and corruption have a direct impact on the sustainable development of tourist destinations and also on the services and activities of sustainable tourism. Based on a comparison of several indexes, the sustainable development of tourist destinations is greatly (negatively) affected by ecocriminality which holds back the development of sustainable tourism. It can be concluded that countries with less corruption have a better developmental sustainability, which is the building block of sustainable tourism. Originality/Value: Developing theoretical explanations and systematic studies are necessary as a first order of business if countries wish to prosecute organized crime and corruption relating to tourism. This is the first study in Slovenia dealing with this problem, thereby opening many questions for future research.
Ključne besede: sustainable tourism, sustainable development, corruption, organized crime, tourist destinations
Objavljeno: 10.07.2015; Ogledov: 704; Prenosov: 89
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