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Law Enforcement – Macedonia Anti Corruption Institutional Framework

Law Enforcement & Prosecution

Web: www.mvr.gov.mk

Email: kontakt@moi.gov.mk

Competence: Suppression and investigation of crimes perpetrated by organized crime groups for performing serious crimes, and the specific crimes indicated in accordance with the Law on the Police, including the corruption cases, as well transnational organized crime. The Economic Crime and Corruption Department is established within the Ministry of Interior, at central level, with coordinative functions. The Heads of the Unit and the Department are appointed and dismissed by the Minister of Interior. The Public Security Bureau is a body within the Ministry of Interior, which  is responsible for the Police, conceptual planning, monitoring and analysis of the security situation and the causes of crime and endangering public safety; general and professional supervision and control over the work of the organizational units of the Police; implementation of ratified international agreements on police cooperation and other international acts for which the Police is responsible; care for the readiness of the Police to act and work in conditions of complex security situation and other matters determined by law. Within the Public Security Bureau, in the Organized Crime Division, the Criminal Investigations Department is established with five units, one of which is the Unit against Corruption. 8 Regional Department for Internal Affairs have been established within the Public Security Bureau, for performing police activities on the territory of the Republic, one of which is Skopje Regional Department for Internal Affairs. Within this Regional Department, Unit for Corruption and Counterfeits is established.

The Chief of the regional department of Internal Affairs is appointed by the Minister from among the employees, in a transparent procedure. The Chief of the regional department of Internal Affairs is directly responsible for his / her work before the director of the Bureau. The Public Security Bureau is headed by a director, who, on the proposal of the Minister, is appointed and dismissed by the Government, for a period of four years.

Web: https://finpol.gov.mk

Email: financial.police@finpol.gov.mk

Established: Financial Police Office is a body within the Ministry of Finance of the Republic of Macedonia, having legal personality. It was established on 26 June 2003 with the Law on Financial Police. It is an integral part of the Judicial Police as a criminal repressive body for investigation the crimes in the area of financial organized crime prosecuted ex-officio and with investigative power in accordance with the Law on Criminal Procedure.

Permanence: Law on Financial Police

Structure: The Office is headed by a Director who shall be appointed and dismissed by the Government of the Republic of Macedonia on a proposal of the minister of finance for a term of office of four years, with the possibility of reappointment   

Competencies: detects and conducts criminalistic investigation of the criminal acts prosecuted ex-officio such as money laundering, tax evasion and other listed in the law, carries out financial control, monitors the application of tax, customs and other regulations in the field of finance, collects and analyses data on cash transactions, undertakes preliminary investigative and other measures when there are reasonable doubts for committed criminal deeds in the field of organized financial crime, carries out preliminary investigative procedure for criminal deeds in the field of organized financial crime prosecuted ex officio, forensic computer analysis, follows the money trail under criminal deeds stipulated by law that include significant and large-volume amounts, initiates criminal procedure in front of the competent prosecutor ant other functions in accordance with the Law on Financial Police and Law on Criminal Procedure

Financial Autonomy: State budget

Web: https://ufr.gov.mk/

Email: contact@ufr.gov.mk

Established: 2002 as unit of financial intelligence established for the purpose of collecting and analyzing reports for suspicious transactions and other information of importance for the prevention and detection of money laundering and financing of terrorism and submitting the results of the analysis and other additional relevant information to the competent bodies in cases of grounds for suspicion of money laundering and financing of terrorism.

Structure: Administrative body within the Ministry of Finance with a capacity of legal entity. The Office headed by a Director who shall be appointed and dismissed by the Government of the Republic of Macedonia on a proposal of the minister of finance upon published conducted job announcement for a term of office of five years, with the possibility of reappointment.

Competencies: to collect, process, analyze, keep and provide financial data with a purpose for prevention of money laundering and financing terrorism, performs supervision of the measures and activities for prevention of money laundering, autonomously and in coordination with the inspection bodies and other functions in accordance with the Law on the Prevention of Money Laundering and Financing of Terrorism.

Financial autonomy: The necessary funds for financing the Office are provided from the State Budget.

Web: https://jorm.gov.mk

Email: jorm@jorm.org.mk

Established: 2004

Permanence: Law on the Public Prosecution Office

Structure: The Chief Public Prosecutor, the public prosecutors and the staff including investigators, experts, professional and administrative staff. The team of investigators is comprised of police officers from the Ministry of Interior and the Financial Police Office as well as expert associates who are involved in the team of investigators of this prosecution (investigative centre/judicial police in the Prosecutor’s office).

Competencies: Leads investigations and has prosecuting competences against:

– crimes committed by a structured group of three or more persons, existing for a period of time and acting in order to commit one or more criminal offenses for which a sentence of at least four years is imposed,

– crimes committed by persons with police authorisations and prison police officers,

– crimes of illegal production and distribution of narcotic drugs, psychotropic substances and precursors, when committed by international organised group, fraud to the detriment of European Community funds, money laundering and other proceeds of crime,

– abuse of official position and authorisation, receiving bribe, receiving awards for unlawful influence, giving awards for unlawful influence, illicit obtaining and concealment of property, abuse of procedure for public call, awarding public procurement or public-private partnership, criminal association,

– giving false statement, obstruction of justice, disclosure of the identity of a threatened or protected witness, justice collaborator or victim in the capacity of a witness, prevention of substantiating, preventing an official person in performance of an official act, if these offences are committed in relation to procedures lead by this Public prosecution office

– terrorist threatening the constitutional order and security, Participation in a foreign army, police, paramilitary or parapolice formations, a terrorist organization, terrorism, financing terrorism, all crimes against the State, human trafficking, trafficking a child and other crimes against humanity and international law in the Criminal Code, with the exception of migrants trafficking,

– crimes against the environment and nature and crimes against cultural heritage and natural rarities, if committed by an organised group.

Appointment: selected by the Public Prosecutor’s Council of the Republic of Macedonia from the ranks of elected public prosecutors. The chief Public Prosecutor of the Public Prosecution Office for Organized Crime and Corruption is appointed by the Council of Public Prosecutors following voting by all public prosecutors.

Financial Autonomy: provided from the State Budget of the Republic of Macedonia under the budget for the Public Prosecutor’s Office of the Republic.

Web: https://mvr.gov.mk/page/sektor-za-vnatreshna-kontrola

Email: kontakt@moi.gov.mk

Established: 2003

Competencies: Determining unprofessional, illegal and unethical actions of the employees in the Ministry of Interior, as well as undertaking a series of measures and activities for their prevention from a preventive and repressive aspect; undertaking efforts to prevent, identify, and investigate corrupt acts of Ministry officials, police officers, as well as misuse and breaches of police duties and authorization, developing effective and appropriate method of filtering false reports from citizens, develop a policy aimed at protecting whistleblowers and raising citizen awareness.