Kuwaiti non-criminal countercorruption measures

5.1 Introduction

In chapter 4, the criminal counter-corruption measures in Kuwaiti law were identified and analysed, and potential reforms were suggested. It was shown that criminal responses to corruption are necessary, but currently these are insufficient. Given those findings, Kuwaiti policymakers have also put in place non-criminal measures to counter corruption. In this regard, the legal tools provided by the civil and administrative laws have been employed. Other non-legal measures, such as regulatory responses and situational crime prevention (SCP), are also considered as counter-corruption measures.

This chapter is smaller in size compared to chapter 4 given the primacy of the criminal responses to corruption in Kuwait. The significance of this chapter stems from the nature of the regulatory measures and the civil and administrative laws. These instruments have several advantages that justify their studying alongside the criminal laws. First, they may be more helpful than the criminal laws in combating corruption as they arc less demanding due to the lower standard of proof. Second, these tools can properly operate under the idea of a comprehensive enforcement pyramid (section 5.3.1). With the help of the pyramid’s features, the availability of alternatives to the criminal law enables the state to apply the available measures in a gradual fashion. In that sense, they arc flexible in responding to the various degrees of culpability, including insignificant violations of formal duties. Third, apart from the deterrent aspect of the criminal sanctions, regulatory responses and administrative laws improve the cooperation of individuals, especially when their engagement in corruption is due to a lack of awareness. Fourth, the self-regulatory approach engages stakeholders from the private sector and secures their support and endorsement, which boosts the effectiveness of counter-corruption measures.

This chapter proceeds as follows. Section 5.2 adopts the working definition previously constructed. This working definition delineates the scope of the chapter and identifies the non-criminal counter-corruption laws and regulations. Section 5.3 explores the present framework of non-criminal counter-corruption

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As discussed in chapter 3.3.3.

measures (regulatory, civil and administrative) and analyses their effectiveness. Section 5.4 builds on the analysis undertaken in section 5.3 to assess the adequacy of the current non-criminal counter-corruption responses and the need for innovative counter-corruption techniques to confront the problem of grand corruption. Therefore, this chapter aims to achieve two of the research objectives (the fourth and fifth objectives). In regard to the fourth objective, this chapter examines the current Kuwait non-criminal legal and regulatory measures to combat corruption. Three sub-research questions are addressed: what are the persuasive measures against corruption? what is the role of the civil and administrative laws in the counter-corruption process? and how can these two measures be assessed? In regard to the fifth methodological objective, socio-legal methodology is employed to draw upon insights from practitioners to answer part of the fourth objective.

 
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