Justice Ministry Reviews Anti-Corruption Law with Private Sector Expertise

The Estonian Ministry of Justice is procuring an alternative legal assessment of the Anti-Corruption Act from external legal experts for €15,000. Secretary General Tiina Uudeberg told ERR that a comprehensive revision of the law is underway, and involving independent experts is indispensable.

The analysis will evaluate the criminal law regulation concerning breaches of restrictions on official acts and explore possible alternatives. It will inform the revision of the Anti-Corruption Act and the drafting of legislative amendments. Uudeberg stated that the key question is the impact of removing the link between the restriction on official acts and the Penal Code.

The ministry seeks to determine whether any punishable acts would remain unpunished or if new criminal offenses would need to be created. The analysis should also provide guidance on ensuring legal clarity in statutory provisions by assessing shortcomings and advantages compared to the current situation.

Uudeberg noted that relying solely on case law is not the best approach, as creating legal clarity is primarily the legislature's responsibility. The ministry finds it useful in specific legal matters to seek analytical assessments from independent private-sector experts, who often provide a different perspective that helps advance necessary amendments.

In June, the Riigikogu approved government-initiated amendments to the Anti-Corruption Act, the Penal Code, and the Taxation Act. These amendments clarified that criminal liability for breaching restrictions on official acts arises only when a public official's conduct creates an unequal or unjustified advantage from the perspective of public interest. Previously, any knowing breach automatically led to criminal liability under certain conditions, which attracted significant criticism due to legal uncertainty.