مدى التزام الشركات التجارية لمعايير الوقاية من الفساد : دراسة مقارنة

الملخص EN

It has become critical to involve business enterprises in the fight against corruption at national and international levels, especially with the development of economic life, firms have to comply with anti-corruption rules and standards to guarantee and improve their financial and economic capacities.

However, It is not simply a matter of deciding to adopt a set of anti-corruption rules and laws, it is rather the need of such organizations for enforcing anti-corruption compliance mechanisms within their internal policies.

Many countries have tended to demand companies to undertake a policy and set out procedures to prevent corruption.

In this sense, the UK legislator introduced an anti-corruption law in 2010, where it provided for a new offense on the failure of commercial companies to prevent corruption.

The French law in 2016 on transparency, combating corruption, and the development of economic life also tended to oblige commercial companies to adopt measures for the prevention of corruption.

The US corporates follow the United States Foreign Corruption Practices Act (FCPA).

Accordingly, corruption prevention has become an obligation for such companies.

On the other hand, in the Algerian anti-corruption law, there is no text obliging commercial companies to have an anti-corruption compliance program.

There is just Article 9 of the Algerian Constitution stipulates the need to protect the national economy from any form of manipulation, embezzlement, corruption, illegal trade, abuse, appropriation or illegal confiscation.

Hence, it is necessary to amend the law.

Article 13 of Law 06-01, relating to the prevention and combating of corruption, in particular, the part linked to preventive measures in the private sector.