Salary cuts could encourage judicial bribery

The Narva case was isolated. Photo by Joe Gratz.

The Harju County Court said the Komtšatnikov case is not typical of Estonian judges, but there's fears more corruption could occur if salaries are lowered. Photo by Joe Gratz.

TALLINN — The Estonian parliament is looking to reduce the salaries of top public officials, but a recent case in Narva shows how this could increase corruption in the legal system.

The Estonian parliament discussed the draft act on salaries of the state officials, including judges on Monday.

The Riigikogu constitution commission discussed the the salaries of the state officials Monday to reformulate how salaries are determined. The draft was prepared by the Riigikogu work group, represented by all factions of the parliament.

The draft sets the highest rate of pay for the president, prime minister, chairman of the government and chairman of supreme court. Based on their pay, a lower salary rate would be determined for other higher state officials such as chancellor of justice, member of supreme court, ministers and the state secretary. Judges and other justice workers are placed on an even lower rate.

In addition to reconfiguring pay rate schemes, the draft act strips additional amenities for state officials with the exception of refunding of work expenses, housing compensations and the president’s amenities.

Rain Rosimannus, a Estonian Reform Party parliament member says the new act is necessary because the current system that connects the pay of higher officials to statistical middle wages is unjust because in reality the average Estonian does not receive such a salary.

“Also the current system is not transparent enough for the public and the basis of payment is at some points incomprehensive,” Rosimannus told Baltic Reports.

The similar act has been under discussion for over a year but stalled after ending up in court, where was decided that the Riigikogu cannot reduce its current salary. Rosimannus hopes this version of the draft will be passed this year and applied in spring of 2010 when the new government steps into the office.

Exactly how the salary levels will be reformatted has not been hammered out yet.

“Today it’s impossible to say as we have only discussing the principles not the numbers,” Rosimannus said.

Judges disagree, could encourage corruption

Judges are not happy with the proposal.

Harju County Court Judge Merle Parts told Postimees Monday that judges will receive much lower salary than prosecutors if the proposal passed. Monthly salaries currently range from 45,000 krooni (€2,870) for county and township judges to 67,700 krooni (€4,320) a month for the chairman of the Supreme Court of Estonia.

“Judges don’t receive bonuses for good work which in my opinion is justified but also the prosecutor should not be motivated by bonuses,” Parts told Postimees.

It could encourage corruption and the case outside Narva is the most recent proof for it.

Viru County Judge Mihhail Komtšatnikov was arrested Dec. 4, by the Public Prosecutor’s Office. According to the charges the judge allegedly repeatedly accepted and asked for bribes in exchange for favorable judicial decisions.

The general assembly of Supreme Court made a proposal to the President Toomas Hendrik Ilves to release Komtšatnikov from his duties on his own will.

Harju County Court press spokeswoman Kristina Ots told Baltic Reports that the case is an exception rather than the rule and that Komtšatnikov’s fellow judges think it is appalling.

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