Corruption risk assessment in privatization report

Ćorić, Vesna and Knežević Bojović, Ana and Vukadinović Marković, Jelena (2025) Corruption risk assessment in privatization report. Institute of Comparative Law, Belgrade.

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Abstract

The present report has been developed with the aim of supporting the Ministry of Justice in preparing a Corruption Risk Assessment. The 2022 Methodology for Corruption Risk Assessment in Areas Subject to the Strategy for the Fight against Corruption and Action Plan, developed by the Serbian Anticorruption Agency, was applied as the principal methodology. Where necessary, the consultant also relied on the methodology designed by Transparency International, on the methodology jointly developed by the Regional Corruption Council and the EU, and on the methodology incorporated in the Arachne Risk Scoring Tool, as these provide useful instruments for measuring, evaluating, and ranking the identified risks. The CRA report identifies and addresses risks stemming from deficiencies in the Serbian regulatory framework governing privatization. The analysis focuses on the 2020–2025 regulatory framework and excludes legal amendments enacted after July 30, 2025. The first section of the CRA Report presents a list of competencies that are particularly exposed to corruption risks in the privatization process. The second section outlines the competencies of relevant national institutions, followed by a description and analysis of the identified risks and the risk factors linked to sensitive competencies. These elements are summarized in tables developed for each competency, illustrating the interrelation between sensitive areas, specific risks, their descriptions, and associated risk factors. In addition, the tables integrate risk evaluations and guidelines for mitigating factors, serving as supplementary components of the analysis. The CRA concludes with findings and recommendations, followed by a list of sources. The key recommendations call for amendments to the following laws and bylaws: the Law on Privatization and accompanying analyzed bylaws, the Law on Corruption Prevention, Rulebook on Internal Organisation and Staffing of the Anticorruption Agency, Government Rules of Procedure, and the Law on Managing Companies in Public Ownership of the Republic of Serbia. The proposed legal interventions are intended to adequately address corruption risks in privatization. These include wide discretionary powers that are often accompanied by poorly formulated legal provisions, vague wording, and legislative gaps, which may manifest in the absence of specific deadlines and a consequent lack of clarity in administrative procedures. In addition, the interventions aim to strengthen institutional capacities, clarify and enhance the powers of the Ministry of Economy, the Anticorruption Agency, and the Anticorruption Council, and improve their mutual coordination and cooperation.

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