Korupcijos privačiame sektoriuje kriminalizavimo problemos

Abstract

This article analyzes the problems of criminalization of corruption in the private sector in the context of national and foreign countries' legal regulation, international documents, case-law and research. The appropriate theoretical analysis allows to establish which provisions of laws of the Republic of Lithuania, their interpretation or gaps in their interpretation hinder (or, on the contrary, assist) the imposition of criminal liability for corruption in the private sector. The main problems concerning Lithuanian laws are related with the concepts of 'person equalled to a civil servant', 'public service' and 'public administration powers'. These attributes are necessary in order to incriminate corpus delicti of bribery, graft and other criminal acts against civil service and public interests. Although it is correct to recognize that entities in the private sector do have public administration powers, this does not necessarily mean that Lithuania has properly criminalized corruption in the private sector. This article also reveals transnational problems and indicates that the lack of the (international) concept of the private sector might influence inconsistencies in national regulation. European countries have differently solved the issues of criminalization of corruption in the private sector: some states have not criminalized the intention to offer a bribe; some countries have criminalized corruption in the private sector only in the cases when the appropriate conduct distorts fair business competition; in criminal laws, commercial activity is usually not explicitly related to making profit. The analysis of legal regulation in other countries reveals a trend to introduce a separate corruption-related offense, such as commercial bribery. The article deals with this and other alternatives (for instance, to clarify the concept of a person equalled to a civil servant by adopting an explanation to courts) in the light of international documents and national regulation.