Lingering Enforcement of Bribery Provisions: offer, promise, and requestin

Abstract

In accordance with the international standards set in the UN and Council of Europe’s relevant instruments, Azerbaijan criminalized all the elements of the bribery offence, both active and passive forms, in a two-step statutory reform in 2006 and 2011. Some countries of the region also followed the same course of reforms [1]. But there remain countries that have not included all the elements in the description of the offence of the bribery [2]. The European review mechanism saw the first set of countries to the full-scale implementation, marking their progress in the country reports. 12 years on, in the case of Azerbaijan, and various terms for other countries, the situation with the enforcement of offer, promise and solicitation remains uncertain. It is exactly uncertain, as the current practice can demonstrate neither adequate implementation nor lack of it. The law enforcement and judicial bodies certainly show the signs of understanding of the issue, to a certain degree, but hesitance to give it a green light. This research aims to shed light on the real situation with the enforcement of these provisions, as well as deep into the underlying problems. The issue appears to be in the process of introduction, conflict with existing doctrines and lack of confidence in the success of prosecutions. Putting it in figurative forms, is there a matter of sloppy inception, doctrinal reef or an insecure footbridge? The analysis of statutes and practice, as well as the opinion provided by the specialists in the area, show that it is a mixture of all. While the countries adopted the relevant patterns in their legislation, they simply incorporated the provisions as they are without realizing the underlying context and building the necessary infrastructure.