Advanced Search

Of The Council Of Europe Civil Law Convention Against Corruption

Original Language Title: Par Eiropas Padomes Civiltiesību pretkorupcijas konvenciju

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: The Council of Europe civil law Convention against corruption article 1. The Council of Europe civil law Convention against corruption (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. Corruption prevention and combating Bureau will coordinate the fulfilment of the obligations provided for in the Convention. 3. article. The Convention shall enter into force on the 15th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. The Parliament adopted the law on 17 February 2005. State v. President Vaira Vīķe-Freiberga in Riga on 9 March 2005, the CIVIL LAW CONVENTION ON CORRUPTION Strasbourg, 4. XI. 1999 preamble the member States of the Council of Europe, the other States and the European Community, to the signator heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Conscious of the importanc of strengthening international co-operation in the fight against corruption; Emphasising that corruption represent a major threat to the rule of law, democracy and human rights, social justice, and fairnes hinder economic development and endanger the proper functioning of market economies and fair; Recognising the adverse financial consequences of corruption, the individual companies and States, as well as international institutions; Convinced of the importanc for civil law to contribute to the fight against corruption, in particular by enabling persons who have suffered damage to receive fair compensation; Recalling the conclusions and resolutions of the 19th (Malta, 1994), 21st (Czech Republic, 1997) and 22nd (Moldova, 1999) conferences of the European Minister of Justice; Taking into account the Programme of Action against Corruption adopted by the Committee of Minister in November 1996; Taking also into account the feasibility study on the drawing up of a convention on civil remedies for compensation for damage resulting from acts of corruption, approved by the Committee of Minister in February 1997; Having regard to Resolution (97) 24 on the 20 Guiding principles for the fight against Corruption, adopted by the Committee of Minister in November 1997, at its Sessions, the 101s Resolution (98) 7 authorising the adoption of the Partial and Enlarged agreement establishing the "Group of States against Corruption (GRECO)", adopted by the Committee of Minister in May 1998, at its 102nd Session , and to Resolution (99) 5 establishing the Greco, adopted on 1st May 1999; Recalling the Final Declaration and the Action Plan adopted by the heads of State and Government of the member States of the Council of Europe at their 2nd Summit in Strasbourg, in October 1997, have agreed as follows: Chapter I-the "to be taken at national level article 1-purpose Each Party shall provide in its internal law for effective remedies for persons who have suffered damage as a result of acts of corruption , to enable them to defend their rights and interests, including the possibility of obtaining compensation for damage. Article 2-Definition of corruption For the purpose of this Convention, "corruption" means requesting, offering, giving or accepting, directly or indirectly, (a) the brib or any others undu advantage or prospect thereof, which distort the proper performance of any duty or behaviour required of the recipient of the undu brib, the advantage or the prospect thereof. Article 3-Compensation for damage 1 Each Party shall provide in its internal law for persons who have suffered damage as a result of corruption to have the right to an action in itiat in order to obtain full compensation for such damage. 2 Such compensation may cover material damage, loss of profits and non-pecuniary loss. Article 4-Liability 1 Each Party shall provide in its internal law for the following conditions to be fulfilled in order for the damage to be compensated: (i) the defendan has committed or authorised the Act of corruption, or failed to take reasonable steps to prevent the Act of corruption; (ii) the plaintiff has suffered damage; and (iii) a causal link there is between the Act of corruption and the damage. 2 Each Party shall provide in its internal law that, if several defendant with a liabl for damage for the same corrupt activity, they shall be jointly and severally liabl. Article 5-State responsibility Each Party shall provide in its internal law for appropriate procedures for persons who have suffered damage as a result of an act of corruption by its public officials in the exercise of their functions to claim for compensation from the State or, in the case of a non-State Party, from that Party's appropriate authorities. Article 6 non-Contributory gligenc Each Party shall provide in its internal law for the compensation to be reduced or disallowed having regard to all the ifu circumstanc, the plaintiff has by his or her own fault contributed to the damage or to its aggravation. Article 7-Limitations period 1 Each Party shall provide in its internal law for proceedings for the recovery of damage to be subject to (a) the limitations period of not less than three years from the day the person who has suffered damage is aware or should reasonably becam have been aware, that damage has occurred or that an act of corruption has taken place , and of the identity of the responsible person. However, such proceedings shall not be commenced after the end of the period of limitations (a) not less than ten years from the date of the Act of corruption. 2 the laws of the parties regulating suspension or interruption of the period of limitations shall, if appropriate, apply to the period prescribed in paragraph 1 of article 8-Validity 1 Each Party shall contracts provide in its internal law for any contract or clause of a contract providing for corruption to be null and void. 2 Each Party shall provide in its internal law for the possibility for all parties to a contract whose consent has been undermined by an act of corruption to be able to apply to the Court for the contract to be declared void, notwithstanding their right to claim for damage. Article 9-Protection of employees Each Party shall provide in its internal law for appropriate protection against any unjustified sanction for employees who have reasonable grounds to suspect corruption and who report in good faith their suspicion to responsible persons or authorities. Article 10-accounts and audits 1 Each Party shall, in its internal law, take any measure of cessary not for the annual accounts of companies to be drawn up clearly and give a true and fair view of the company's financial position. 2 With a view to preventing acts of corruption, each Party shall provide in its internal law for Auditors to confirm that the annual accounts present a true and fair view of the company's financial position. Article 11-Acquisition of evidence Each Party shall provide in its internal law for effective procedures for the acquisition of evidence in civil proceedings arising from an act of corruption. Article 12-interim measure of Each Party shall provide in its internal law for such court orders as to not preserve the cessary to rights and interests of the parties during civil proceedings arising from an act of corruption.   Chapter II-International co-operation and monitoring of implementation article 13-International co-operation the Parties shall co-operate effectively in matters relating to civil proceedings in cases of corruption, especially concerning the service of documents, obtaining evidence abroad, jurisdiction, recognition and enforcement of a foreign judgement and litigation costs, in accordanc with the provision of relevant international instruments on international co-operation in civil and commercial matters to which they are Party , as well as with their internal law. Article 14-Monitoring the Group of States against Corruption (GRECO) shall monitor the implementation of this Convention by the parties.   Chapter III-Final clauss's article 15-signature and entry into force 1 this Convention shall be open for signature by the member States of the Council of Europe, by non-member States that have participated in it for the elaborations and by the European Community. 2 this Convention is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 3 this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which fourteen signator to have their consent to be bound, expressed by the Convention in accordanc with the provision of Any such signatory, paragraph 1. which is not a member of the Group of States against Corruption (GRECO) at the time of ratification acceptance or approval, shall automatically become a member, on the date the Convention enter into force. 4 In respect of any signatory which subsequently express their consent to it be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of their consent to be bound by the Convention in accordanc with the provision of paragraph 1 Any signatory. , which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, acceptance or approval, shall automatically become a member on the date the Convention enter into force in its respect. 5 Any particular modalit for the participation of the European Community in the Group of States against Corruption (GRECO) shall be determined as far as not by a common agreement cessary with the European Community. Article 16-Accession to the Convention 1 After the entry into force of this Convention, the Committee of Minister of the Council of Europe, after consulting the parties to the Convention, may invite any State not a member of the Council and not having participated in its elaborations to accede to this Convention, by a decision taken by the majority provided for in article 20 d. of the Statute of the Council of Europe and by the unanimous vote of the representatives of the parties entitled to sit on the Committee. 2 In respect of any State acceding to it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Any State acceding to this Convention shall automatically become a member of the Greco, if it is not already a member at the time of accession, on the date the Convention enter into force in its respect. Article 17-reservations from the reservation may be made in respect of any provision of this Convention. Article 18 – Territorial application 1 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 19-Relationship to other instruments and agreements 1 this Convention does not affec the rights derived from international undertaking of the multilaterals and the instruments concerning special matters. 2 the parties to the Convention may by bilateral or conclud multilaterals agreements with one another on the matters to deal with in this Convention, for the purpose of supplementing or strengthening its provision or facilitating the application of the principles embodied in it or, without prejudice to the objective and principles of this Convention, submit themselves to rules on this matter within the framework of a special system which is binding at the moment of the opening for signature of this Convention. 3 If two or more parties have already concluded an agreement or treaty in respect of a subject which is deals with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to the regulat these relations accordingly, in lieu of the present Convention. Article 20-Amendments 1 Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe, the non member States which have participated in the elaborations of this Convention, to the European Community, as well as to any State which has acceded to or has been invited to accede to this Convention in accordanc with the provision of article 16.2 Any amendment proposed by a Party shall be communicated to the European Committee on Legal co-operation (CDCJ) which shall submit to the Committee of Minister to its opinion on that proposed amendment. 3 the Committee of Minister shall consider in the proposed amendment and the opinion submitted by the European Committee on Legal co-operation (CDCJ) and, following consultation of the parties to the Convention which are not members of the Council of Europe, may be the adop amendment. 4 the text of any amendment adopted by the Committee of Minister in accordanc with paragraph 3 of this article shall be forwarded to the parties for acceptance. 5 Any amendment adopted in accordanc with paragraph 3 of this article shall come into force on the thirtieth day after all parties have informed the Secretary General of their acceptance thereof. Article 21-settlement of dispute 1 the European Committee on Legal co-operation (CDCJ) of the Council of Europe shall be the skipper informed regarding the interpretation and the application of this Convention. 2 In the case of a dispute between parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Legal co-operation (CDCJ), to the UN tribunal whose decision to CAs shall be binding upon the parties, or to the International Court of Justice as agreed upon by the parties concerned. Article 22-Denunciation 1 Any Party may, at any time, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General. Article 23 – Notifications the Secretary General of the Council of Europe shall notify the member States of the Council and any other parties and signator to this Convention of: a any signature; (b) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Convention, in accordanc with articles 15 and 16; (d) any other Act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Strasbourg, the 4th day of November 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the non-member States which have participated in the elaborations of this Convention, to the European Community, as well as to any State invited to accede to it.

The Council of Europe, European Treaty Series No. 174 civil law Convention against corruption Strasbourg, 4. XI. 1999.
Preamble the Member States of the Council of Europe, other countries and the European Community, which considered the signatories of this document, considering that the aim of the Council of Europe is to achieve greater consensus among its members; Recognizing the importance of strengthening international cooperation in the fight against corruption; Emphasising that corruption poses a threat to law and democracy and human rights, fairness and social justice, hinders economic development and endangers the market economy functioning properly and fairly; Recognizing the negative effects of corruption leads to individuals, companies and countries, as well as international institutions; Convinced of the importance of civil law to contribute to the fight against corruption, in particular by enabling the persons who suffered loss, receive fair compensation; Bearing in mind the European Minister of Justice 19. (Malta, 1994), 21 (the Czech Republic, in 1997) and 22nd (Moldova, 1999) the conclusions and decisions of the Conference; In the light of the Committee of Ministers in November 1996, adopted a programme of action against corruption; Also taking into account the study of the feasibility of developing a Convention on liability means that ensure the corruption as a result of the damages, which have been adopted by the Committee of Ministers in February 1997; 24. Bearing in mind the decision (97) 20 guiding principles for the fight against corruption, adopted by the Committee of Ministers in November 1997 in its 101 session, 7. decision (98), which approved the partial and enlarged Agreement on "country group fight against corruption (GRECO)", adopted by the Committee of Ministers in May 1998 in its session, and 102 5. decision (99) on the establishment of Greco, adopted may 1, 1999; Recalling the final Declaration and plan of action adopted by the Council of Europe Member States and heads of Government in their Summit in Strasbourg on 2 October 1997, have agreed as follows: chapter I. Measures to be taken at national level article 1. Purpose each Party shall provide in its internal law for effective resources for the benefit of those persons who as a result of corruption, to enable them to defend their rights and interests, including the possibility of obtaining compensation for damage. 2. article. The definition of corruption for the purposes of this Convention, "corruption" means the bribes or any other benefits due to the prospects of any direct or indirect claim, offering, giving or sampling, which distorts any obligation or right of action that must be taken advantage of, not due to bribes or its prospects. 3. article. 1. Damages, each Party shall, in their internal legislation provides individuals who have sustained losses as a result of corruption, the right start to receive full compensation for such damage. 2. such compensation may cover material damage, loss of profit and economic loss. 4. article. 1. Responsibility each Party shall provide in its internal law for the following conditions to loss are reimbursed: i. the defendant has committed or authorised by make corruption or not taken the necessary measures for the prevention of corruption activities; II. the plaintiff has suffered a loss; and (iii). the activities and corruption among the loss there is a causal link. 2. Each Party shall, in their internal legislation provides that, if several defendants are liable for damage for the same corrupt activity, they shall be responsible individually and jointly. 5. article. State responsibility each Party shall provide in its internal law for appropriate procedures for persons who suffered loss of corruption of public officials, such officials in carrying out their functions, the service could claim compensation from the State or, if that party is not a State, from that party's appropriate authorities. 6. article. The plaintiff's negligence as a fault, each Party shall provide in its internal law the fact that the consideration is reduced or denied, in the light of all the circumstances under which the plaintiff his fault contributed to the damage or build up. 7. article. Period of limitation 1. Each Party shall provide in its internal law the procedure for the recovery of damages is applied the limitation of not less than three years from the time when the person who has suffered loss, become or was to be known that the loss or damage occurred on corruption, as well as the identity of the person responsible. However, such proceedings will not start after the limitation of not less than ten years after the date of operation of corruption. 2. the laws of the parties regulating suspension of limitation period or suspension, if necessary, applies to this article, part 1 of the periods. 8. article. Validity of contracts 1. each Party shall provide in its internal law that no agreement or contract that provides the article corruption, not force. 2. Each Party shall, in their internal legislation allows all parties parties whose agreement is shaken by corruption operation, apply to the Court to outlaw the contract void, notwithstanding their right to claim damages. 9. article. Protection of employees each Party shall, in their internal legislation provides adequate protection against any unjustified sanctions against those employees who have reasonable grounds to suspect corruption and who report in good faith their suspicion to responsible persons or authorities. 10. article. Accounts and audit 1. each Party shall provide in its internal law for all measures that are necessary to the company (the company) annual report to be drawn up clearly and give a true and fair view of the company (the company) financial position. 2. With a view to preventing corruption activities, each Party shall determine in its internal law, the duty of Auditors to confirm the information that the annual accounts give a true and fair view of the company's financial position. 11. article. Acquisition of evidence each Party shall provide in its internal law for effective procedures for the taking of evidence in civil proceedings arising from the actions of corruption. 12. article. Provisional measures each Party shall, in their internal legislation establishes the judicial procedures necessary to protect the rights and interests of the parties to civil proceedings arising from the actions of corruption.
Chapter II. International cooperation and realization of supervision article 13. International cooperation the Parties shall co-operate effectively in matters relating to civil proceedings in cases of corruption, especially concerning the service of documents, obtaining evidence abroad, jurisdiction, foreign judgments and litigation cost recognition and realization in accordance with the relevant international documents, which they are a party, the provisions on international co-operation in civil and commercial matters, and in accordance with its internal legislation. 14. article. Monitoring implementation of the Convention this Convention the Member States oversee transnational group against corruption (GRECO).
Chapter III. Final clauses article 15. The signing and entry into force 1 this Convention shall be open for signature by the Member States of the Council of Europe, the non-member countries, but have participated in its elaboration and the European Community. 2. this Convention shall require ratification, acceptance or approval. Instruments of ratification, acceptance or approval must be provided for storing the Secretary-General of the Council of Europe. 3. this Convention shall enter into force on the first day of the month following a period of three months after the date on which fourteen signatories have expressed their consent to be bound by the Convention in accordance with the provisions of part 2. Any signatory which subsequently deposits an instrument of ratification, acceptance or approval during the transnational group against corruption (GRECO) member automatically becomes a member of the the date of entry into force of the Convention. 4. in respect of any signatory which subsequently expresses its consent to be bound by the Convention and the obligations referred to in the Convention shall enter into force on the first day of the month following the period of three months after the date on which the signatories have expressed their consent to be bound by this Convention shall be considered in accordance with the provisions of part 2. Any signatory which subsequently deposits an instrument of ratification, acceptance or approval during the transnational group against corruption (GRECO) member automatically becomes a member of the date of entry into force of the Convention for that State. 5. Any particular modalities for the participation of the European Community in international group against corruption (GRECO) shall be determined as far as necessary in accordance with a joint agreement with the European Community. 16. article. Accession to the Convention 1 after the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the parties to the Convention, may invite any State not a member of the Council and has not participated in the elaboration of the Convention, to accede to this Convention, acting in accordance with the Statute of the Council of Europe, provided for in article 20 d of the votes cast and that unanimously adopted the Convention of representatives of the Member States in the Committee of Ministers. 2. For any State acceding to the Convention, it shall enter into force on the first day of the month following a period of three months after the date of accession, to the Secretary-General of the Council of Europe. Any State which accedes to this Convention, will automatically become a member of Greco in the days when the Convention enters into force for that State, if the State is already a member of Greco, at the time of accession. Article 17. Reservations no reservations may be made in respect of any of the provisions of this Convention. 18. article. Territorial application 1 any State or the European Community at the time of signature or when is passed its instrument of ratification, acceptance, approval or accession, may specify the territory or territories to which this Convention applies. 2. either party may at any time submit to the European Council a declaration addressed to the Secretary General, in which it states that extend the application of this Convention the territory specified in the Declaration. In this territory the Convention shall enter into force on the first day of the month following the period of three months after the date on which the Secretary-General received the following declaration. 3. any declaration made under the two preceding parts of the article of any territory specified in the Declaration may be withdrawn by a notification addressed to the Secretary General. Withdrawal shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General received the following announcement. 19. article. Relationship to other instruments and agreements 1 this Convention shall not affect the rights and obligations arising from international multilateral instruments concerning special matters. 2. A party to this Convention may conclude bilateral or multilateral agreements with one another on the issues addressed in this Convention, to complement or reinforce its provisions or facilitating the application of the principles contained therein, or, without prejudice to the objectives and principles of the Convention, subject to the rules on this matter within the framework of a special system which is binding at the time when this Convention is open for signature. 3. If two or more parties have already concluded an agreement or Treaty on the matters covered by this Convention, or otherwise established relations in such matters, they are entitled to apply the Convention in place of the agreement or treaty or to regulate these relations accordingly the Convention site. 20. article. 1. The amendments to the proposals for amendments to this Convention may be made by any party, and the Secretary General of the Council of Europe on them shall notify the Member States of the Council of Europe, States other than Member States, but has participated in the elaboration of this Convention, the European Community and any State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of article 16. 2. any proposed amendment of a party shall be communicated to the European Judicial Committee (CDCJ) which shall submit to the Committee of Ministers its opinion on the proposed amendment. 3. the Committee of Ministers shall consider the proposed amendment and judicial committees (CDCJ) the views expressed and after consultation with the parties to the Convention that are not Member States of the Council of Europe, may adopt the amendment. 4. any amendment to the text adopted by the Committee of Ministers in accordance with part 3 of this article, is sent to the parties for approval. 5. any amendment adopted in accordance with article 3 of this part, shall enter into force on the thirtieth day after all the parties informed the Secretary-General of its acceptance. 21. article. Settlement of disputes 1. Council of Europe's European Committee on Legal Cooperation (CDCJ) is kept informed about the interpretation and application of this Convention. 2. If the parties have any dispute concerning the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee of judicial cooperation (CDCJ), the Tribunal, whose decisions shall be binding on the parties, or to the International Court of Justice, in accordance with the agreement of the interested parties. 22. article. Denunciation 1 any party may at any time denounce this Convention by notification addressed to the Secretary General of the Council of Europe. 2. The denunciation shall take effect on the first day of the month following a period of three months after the date on which the Secretary-General received the following announcement. 23. article. Informing the Secretary-General of the Council of Europe shall notify the Member States of the Council and any other signatories and parties of: (a) each State party to this Convention; (b) each deposit of instruments of ratification, acceptance, approval or accession deposited; (c) each date of entry into force of this Convention in accordance with articles 15 and 16; d. each other Act, notification or communication relating to this Convention. Above, the undersigned, being fully authorised thereto, have signed this Convention. Signed in Strasbourg in 1999 on November 4 of the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe, to any State not a member, but has participated in the elaboration of this Convention, as well as the European Community, to any State invited to accede to this Convention.