(b) The provision of a service, information, or goods that, by law,
and by right, should not have been provided or divulged.
Tenders in the Czech Republic are often won through bribery. The
botched privatizations all over the former Eastern Bloc constitute a
massive transfer of wealth to select members of a nomenklatura.
Licences and concessions are often granted in Bulgaria and the rest
of the Balkan as means of securing political allegiance or paying
off old political "debts".
(c) That the withholding or the provision of said service,
information, or goods are in the power of the withholder or the
provider to withhold or to provide AND That the withholding or the
provision of said service, information, or goods constitute an
integral and substantial part of the authority or the function of
the withholder or the provider.
The post-communist countries in transition are a dichotomous lot. On
the one hand, they are intensely and stiflingly bureaucratic. On the
other hand, none of the institutions functions properly or lawfully.
While these countries are LEGALISTIC - they are never LAWFUL. This
fuzziness allows officials in all ranks to usurp authority, to trade
favours, to forge illegal consensus and to dodge criticism and
accountability. There is a direct line between lack of transparency
and venality.
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