The importance of full implementation of the provisions of asset recovery in the fight against corruption

Slamkov, Gjorgi (2021) The importance of full implementation of the provisions of asset recovery in the fight against corruption. Journal of Sustainable Development, 11 (26). pp. 70-96. ISSN 1857-8519

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Official URL: https://fbe.edu.mk

Abstract

The fight against corruption has no effect if from the perpetrator of the corrupt
act have not been confiscated the goods or assets that he acquired illegally.
This paper highlights the obstacles to international cooperation for the return
of the stolen asset. It is a fact that in the past, almost two decades, since the adoption
of UNCAC, a lot has been done in the field of prevention, criminalization, as well as
international cooperation, but in the area of asset recovery, greater results are missing.
It is basically property acquired in a corrupt manner, mainly in developing
countries and transferred to developed countries. In this way, criminals gain enormous
wealth, and on the other hand, poverty in the country of origin increases due to loss of
resources.
The paper presents specific examples of asset recovery. These are cases where
the procedure lasts for many years, involving high political figures, and huge sums of
money.
The paper gives several recommendations for improving the internal
regulations of the countries, but also for the international cooperation in order to
increase the detection of cases of stolen asset taken in other countries.
Rapid honest cooperation between requesting jurisdiction and requested
jurisdiction is essential for detecting, seizing, freezing, confiscating and returning a
stolen asset.
The importance of the StAR Initiative is great, but still the dark number of
corrupt acts with a stolen asset, transferred to another jurisdiction, is large.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Gorgi Slamkov
Date Deposited: 02 Jan 2025 08:31
Last Modified: 02 Jan 2025 08:31
URI: https://eprints.ugd.edu.mk/id/eprint/35344

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