Procedure for the analysis of corruption risk
I.
GENERAL PROVISIONS
1. The procedure shall establish the requirements to carry out the analysis of the risk of corruption in
state or municipal agencies, as well as in public institutions, one of the founding parties of which is a
state or municipal institution or agency (further referred to as the state or municipal agency).
2. The analysis of the risk of corruption shall mean the anti-corruption analysis of the activities of the
state or municipal agency, carried out in compliance with the procedure prescribed by the
Government, and the presentation of a grounded report on anti-corruption programmes as well as
putting forward proposals concerning contents thereof, and making recommendations for additional
corruption prevention measures to the state or municipal agency with the corresponding authority.
3. The meanings of the definitions used in this document shall be the same as those provided for in the
Law of the Republic of Lithuania on Corruption Prevention (further referred to as the Law on
Corruption Prevention) and in other legislation.
4. The analysis of corruption risk shall be carried out by the Special Investigation Service of the
Republic of Lithuania (further referred to as the Special Investigation Service).
II.
IDENTIFICATION OF AREAS PRONE TO CORRUPTION
5. Bodies authorized to identify the areas of activities of the state or municipal agency particularly
prone to corruption shall be the following:
5.1 heads of state or municipal agencies;
5.2 structural subdivisions of state or municipal agencies, or persons therein who are authorized by the
head of the corresponding state or municipal agency to carry out corruption prevention and control.
6. An area of the activities of the state or municipal agency shall be considered to be particularly prone
to corruption if it meets one or several of the following criteria:
6.1 there has been a corruption-related crime committed in that area of activities;
6.2 its principal functions are control and oversight;
6.3 there is no detailed regulation of the functions and tasks, as well as no operational and decisionmaking procedures of separate civil servants;
6.4 the activities are related to the issue or restriction of permits, concessions, privileges and other
additional rights;
6.5 most of the decisions do not require approval by another state or municipal agency;
6.6 there is access to the information classified as a state or professional secret;
6.7 instances of improper conduct have been established by the previous analyses of corruption risk.
7. Identification of the areas particularly prone to corruption in the state or municipal agency shall be
carried out in the third quarter of each year. Authorized bodies having identified the areas in the state
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or municipal agency prone to corruption shall provide such information to the head of a ministry that
exercises supervision over the agency in question, or to the mayor of a respective municipality.
Ministers and the mayors of municipalities shall consider the information on the areas prone to
corruption provided by the authorized bodies, shall identify the areas of the activities of the state or
municipal agency particularly prone to corruption and shall prepare and sign the grounded report
before the end of the period dedicated to the identification of areas prone to corruption. The
authorized bodies having identified the areas of activities of other state institutions particularly prone
to corruption shall prepare a grounded report that shall be signed by the head of the agency in
question. The Director of the Special Investigation Service shall establish the form of a grounded
report.
III.
PRESENTATION OF INFORMATION
8. The state or municipal agency having identified likelihood of corruption and the areas of activities
particularly prone to corruption shall no later than within a month from the identification of
corruption sensitive areas present on a voluntary basis to the Special Investigation Service the
following:
8.1. a grounded report concerning likelihood of corruption in the activities of the state or municipal
agency;
8.2. copies of the documents justifying likelihood of corruption in the activities of the state or municipal
agency.
9. Upon receipt of a request from the Special Investigation Service to submit information necessary for
making of a decision to carry out the corruption risk analysis or for carrying out of the analysis of
the corruption risk, the state or municipal agency shall no later than within a month provide on a
voluntary basis to the Special Investigation Service the available information.
10. Upon receipt of a request from the Special Investigation Service to submit information necessary for
carrying out of the corruption risk analysis in the state or municipal agency, non-governmental
agencies shall no later than within a month provide on a voluntary basis to the Special Investigation
Service the available information.
IV. ANALYSIS OF CORRUPTION RISK
11. The areas of the activities of the state or municipal agency particularly prone to corruption can be
subjected to the analysis of corruption risk.
12. Determining the need for the corruption risk analysis of the areas of activities of the state or
municipal agencies, the Special Investigation Service shall asses whether the activities of the state or
municipal agency in question met one or several of the following criteria:
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12.1 there have been attempts made to influence the officials of the state or municipal agency or the
decisions made thereby, in the manner violating the procedures prescribed by law;
12.2 there have been corruption-related crimes detected in the other state or municipal agencies whose
functions are similar to those of the agency in question;
12.3 the supervision system of the activities of the state or municipal agency in question has been
improved;
12.4 decision-making is related to material or other benefit of the person served by the agency in
question.
12.5 there have been violations of the prescribed procedure detected (for example, when allocating the
budget funds, placing orders and making other decisions);
12.6 the state or municipal agency is an independent administrator of the budgetary allocations;
12.7 violations have been found in the activities of the state or municipal agency in question by the State
Control, Ombudsman or another control or supervisory institution;
12.8 there is other information pointing to the signs of corruption in the activities of the state or
municipal agency in question (intelligence, complaints and reports by the public, information provided
by the media or available otherwise).
13. Determining the need for the corruption risk analysis of the areas of activities of the state or
municipal agency, the Special Investigation Service shall assess the received information set forth in
parts 8-10 of this procedure, as well as evaluate whether the activities of the state or municipal agency in
question meet one or several of the criteria referred to in part 12 and shall take a decision on carrying out
of the corruption risk analysis of the activities of the corresponding state or municipal agency no later
than within a month from the date of receiving of the abovementioned information. The Special
Investigation Service shall inform the head of the corresponding state or municipal agency about the
decision taken (either to carry out or not to carry out the analysis).
14. The analysis of corruption risk shall be carried out in the areas of the activities of the state or
municipal agency particularly prone to corruption, as well as in the supervisory systems of those areas.
15. Carrying out the analysis of corruption risk the following shall be considered:
15.1. the grounded report concerning the assessment of likelihood of corruption and the related
information;
15.2. sociological research data;
15.3. possibility for a single person to take decisions related to the state funds or other property;
15.4. the distance between the staff and subdivisions and the headquarters;
15.5. the level of independence of the staff in making of decisions and the discretion of the decisionmaking procedure (the right of a civil servant or a state agency to deal with matters at their own
discretion);
15.6. the level of control and supervision over the staff and subdivisions;
15.7. the requirement to observe the customary professional procedure;
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15.8. the level of staff rotation;
15.9. requirements for recording of the activities performed and contracts concluded;
15.10. information about the external and (or) internal audit of the activities of the state or municipal
agency;
15.11. the system of passing and evaluating of legislation;
15.12. other information relevant to the analysis of corruption risk.
16. After the completion of the corruption risk analysis of the state or municipal agency, the grounded
report on the drafting of an anti-corruption programme for a corresponding agency shall be prepared and
(or) proposals concerning the contents thereof shall be put forward. The grounded report can also cover
recommendations related to other corruption prevention measures to the state or municipal agency
responsible for their implementation.
17. The analysis of the risk of corruption shall be carried out and the grounded report to the head of the
state or municipal agency where the said analysis has been performed (if the necessity arises – to
another agency having the authority within its competence to implement the proposals set forth in the
report) shall be presented no later than within 4 months from the date of making of the decision to carry
out the corruption risk analysis.
18. The Director of the Special Investigation Service shall establish the form and content of the
grounded report.
19. Upon receipt of a grounded report from the Special Investigation Service concerning the drafting of
an anti-corruption programme of a corresponding agency and (or) proposals related to the contents of
the programme, the state or municipal agency within 3 months from the date of the receipt of the report
and proposals shall inform the Special Investigation Service about the realization of the corruption
prevention measures set forth in the report.
V. FINAL PROVISIONS
20. Persons who have violated the provisions provided for in this document shall be held liable
following the legislation of the Republic of Lithuania.
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