Užsienio pareigūno samprata EBPO konvencijoje dėl kovos su užsienio pareigūnų papirkimu tarptautiniuose verslo sandoriuose

ENThe article analyses 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which became of particular importance to Lithuania due to its recent accession to this international agreement. The article reviews the reasons for drafting this Convention and its main features, while primarily focusing on the analysis of the problematic concept of "foreign official". The research revealed that, although it would seem to be clear and unambiguous, the concept of foreign official in the context of the OECD Convention raises a number of complex issues. This uncertainty is further increased by the linkage of this concept to the national law of one or another state. The authors of the Article argue that the most complicated legal puzzles in the practice of the OECD Convention are triggered by cases related to the alleged bribery of person exercising a public function for a foreign public enterprise. A prerequisite for liability is the requirement for a public enterprise to provide "public functions", and in this regard, the practice of states is divergent and contradictory. The article presents several important cases in this context and discusses the appropriateness of interpretation of the term at issue. [From the publication]