Information Package / Course Catalogue
LAW 334 Anti-Corruption and Compliance
MEF University
Degree Programs
Law
General Information For Students
Diploma SupplementErasmus Policy Statement
Law
Bachelor Length of the Programme: 4 Number of Credits: 240 TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF: Level 6

Ders Genel Tanıtım Bilgileri

School/Faculty/Institute Faculty of Law
Course Code LAW 334
Course Title in English Anti-Corruption and Compliance
Course Title in Turkish Yolsuzlukla Mücadele ve Uyum (Compliance)
Language of Instruction EN
Type of Course Lecture
Level of Course Intermediate
Semester Spring
Contact Hours per Week
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 96 hours per semester
Number of Credits 4 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge None
Co-requisites None
Registration Restrictions Only Undergraduate Students
Overall Educational Objective To learn about international anti-corruption and bribery legislation as a necessary knowledge to understand roles and responsibilities of compliance functions in coorporations.
Course Description Legal entities, sometimes as the victim, sometimes the beneficiary, and sometimes the tool for corruption, are the focal point of international discussions and legal developments in anti-corruption. There is an increasing trend of sanctioning legal entities alongside the real persons who participate in the crime, supervising or even terminating activities of legal entities and furthering transparency of legal entity structures. All companies that want a share of the global economy come under the influence of recommendations issued by institutions such as the United Nations, OECD, GRECO and the G-20; as well as international agreements. This increases the need for compliance departments that focus on anti-corruption within company organizations, and thus the need for lawyers with expertise in the field of anti-corruption. The target for this course is to ensure that the attending students have the required technical and practical information in order to join the community of lawyers who are knowledgeable regarding the main principles and regulations in anti-corruption, who can identify risks of corruption, and who are aware of their roles and responsibilities in anti-corruption efforts.
Course Description in Turkish Kimi zaman yolsuzluğun mağduru, kimi zaman faydalananı, kimi zaman da paravanı olabilen tüzel kişiler, uluslararası alandaki tartışmalar ve hukuki gelişmeler için bir odak noktasıdır. Tüzel kişilerin, suça iştirak eden gerçek kişiler yanında cezalandırılması, bu şirketlerin faaliyetlerinin kontrol altına alınması, hatta sonlandırılması, tüzel kişilik yapılarının şeffaflaştırılması yönünde eğilimler artmaktadır. Global ekonomiden pay almak isteyen tüm şirketler, Birleşmiş Milletler, OECD, GRECO, G-20 gibi kurumlar tarafından yayınlanan tavsiyeler ve uluslararası anlaşmaların muhatabı olmaktadır. Bu da şirketlerin organizasyonları içinde odağına yolsuzlukla mücadeleyi alan uyum (compliance) departmanlarına ve dolayısıyla yolsuzlukla mücadele alanında uzman hukukçulara duyulan ihtiyacı arttırmaktadır. Bu dersi alacak olan öğrencilerin, meslek hayatlarında, yolsuzlukla mücadele alanında temel prensip ve düzenlemelere hakim, karşı karşıya kaldığı yolsuzluk risklerini öngörebilen, yolsuzlukla mücadele için kendilerine düşen rol ve sorumlulukların farkında olan hukukçular arasına katılmaları için gerekli teknik ve pratik bilgilere sahip olması hedeflenmektedir.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Have general information about the international anti-corruption and anti-bribery legislation
2) Knows what the Foreign Corrupt Practices Act (the “FCPA”) of the United States of America is and how it has been affecting the continues development of international anti-bribery rules.
3) Acknowledges the structure of international institutions focused on anti-corruption to whom Turkey is a member, understands the role of such institutions in anti-corruption efforts, international agreements, the liabilities of signatory states caused by such agreements and related sanctions
4) Analysis liabilities of the Republic of Turkey caused by international agreements and practical reflections to overall social and economic strategies of the government,
5) Comprehend and identify national institutions operating in the field of anti-corruption and the principles for their cooperation with international institutions
6) Gather know-how on how the FCPA entailed development of new national anti-bribery legislations : the United Kingdom Bribery Act, the French Anti-Corruption Law SAPIN II, similarities and differences between these laws
7) Understand the roles of the private companies in international anti-corruption efforts, UNCOMPACT principle 10 analysis
8) Acknowledge and understand the meaning of “compliance”
9) Understands responsibilities of company executives and employees
10) Gather high-level of awareness about the functions and duties of compliance departments
11) Develop skills for targeting to take part in “compliance management” as a new field of expertise
Program Learning Outcomes/Course Learning Outcomes 1 2 3 4 5 6 7 8 9 10 11
1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods.
2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments.
3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions.
4) The ability to internalize social, scientific and ethical values while evaluating legal information.
5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions.
6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions.
7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice.
8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector).
9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License.
10) Adoption of a positive approach to the concept of lifelong learning.
11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods.
12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof.

Relation to Program Outcomes and Competences

N None S Supportive H Highly Related
     
Program Outcomes and Competences Level Assessed by
1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. H Participation
2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. H Participation,Presentation
3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. H Participation,Presentation
4) The ability to internalize social, scientific and ethical values while evaluating legal information. S Participation
5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. S Participation
6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. H Participation,Presentation
7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. H Participation
8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). H Participation,Presentation
9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. S Participation,Presentation
10) Adoption of a positive approach to the concept of lifelong learning. S Participation
11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. H Participation
12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. H Participation
Prepared by and Date ELVAN SEVİ BOZOĞLU , January 2024
Course Coordinator ELVAN SEVİ BOZOĞLU
Semester Spring
Name of Instructor Öğr. Gör. ELVAN SEVİ BOZOĞLU

Course Contents

Week Subject
1) Introduction - Why fight against corruption
2) Types of corruption and most common method of corruption: Bribery
3) Bribery under Turkish Law
4) Individual liability vs. corporate liability
5) What international bodies tell us about fighting against corruption– UN, OECD, GRECO and others
6) The Story of the FCPA
7) OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions – Is it really working?
8) Review procedures and Role of Transparency International
9) FCPA on steroids: UK Anti-Bribery Act – Did the steroid really work?
10) Other countries: France, Germany – Different approaches
11) Corporate liability: Deep dive
12) Corporate compliance programs – UNCOMPACT
13) The role of individuals, lawyers and intermediaries
14) Case study
Required/Recommended ReadingsSpahn, Elizabeth. «International Bribery: The Moral Imperalism Critiques.» Minn. Journal of Int'l Law, Vol.18:1 2009: 155-232. Koehler, Mike. «The Story of Foreign Corrupt Practices Act.» Ohio State Journal Vol.75.5 (2012). U.S. Department of Justice. «A Lay Person's Guide to the FCPA.» U.S. Department of Justice Spahn, Elizabeth K. «Implementing Global Anti-Bribery Norms From The Foreign Corrupt Practices Act To The Oecd Anti-Bribery Convention To The U.N. Convention Against Corruption.» Indiana International & Comparative Law Review 9 October 2013 Vol. 23, p.1. Tomasic, Roman. «Global corporations, bribery and corrupt practices: Anti-bribery laws and the limits of state action.» Law and Financial Markets Review 2018, 12:1. Bucy, Pamela. «Corporate Ethos: A Standard for Imposing Corporate Criminal Liability.» Minn. L. Rev. Vol. 75 1990-1991: 1095- 1184. Khanna, V. S. «Corporate Criminal Liability: What Purpose Does It Serve?» Harvard Law Review, Vol. 109, No. 7 (1996): 1477-1534. Smith, Lena E. «Is Strict Liability the Answer in the Battle against Foreign Corporate Bribery?» Brooklyn Law Review 2014, Vol. 79, Issue 4, Article 10. Rübenstahl, Markus ve Christian Brauns. «Trial and Error—A Critique of the New German Draft Code for a Genuine Corporate Criminal Liability.» German Law Journal, Vol 16 2015: 871-886. Ar, Carna. «The Criminal Liability of Companies, An International Comparison: The Case of USA, UK, Spain and Italy.» Civil & Legal Sciences, Vol 4, Issue 2 (2015). Bryan Cave Leighton Paisner. «Corporate Criminal Liability – Perspectives from the US, UK and France.» 2018. (Other reading materials will be provided before the classes.)
Teaching MethodsLecture & open class discussion
Homework and ProjectsStudents are required to submit a paper, a presentation and a case study.
Laboratory WorkNone
Computer UseNone
Other ActivitiesNone
Assessment Methods
Assessment Tools Count Weight
Homework Assignments 1 % 30
Presentation 1 % 40
Paper Submission 1 % 30
TOTAL % 100
Course Administration bozoglus@mef.edu.tr

ECTS Student Workload Estimation

Activity No/Weeks Hours Calculation
No/Weeks per Semester Preparing for the Activity Spent in the Activity Itself Completing the Activity Requirements
Course Hours 14 2 2 1 70
Midterm(s) 1 8 2 10
Final Examination 1 14 2 16
Total Workload 96
Total Workload/25 3.8
ECTS 4