Summary

In order to fight corruption effectively, different methods and integrated strategies should be applied at the same time. Apart from other methods, a combat against corruption is also possible with measures available in civil law. However, the function of civil law is compensation rather than punishment: it allows claims for damages to be filed in cases where an official breaches his or her duties for corruptive purposes. The use of possibilities of damages in the fight against corruption can be promoted through international co-operation although these principles cannot be implemented without the establishment of national civil law remedies.
The author examines the Council of Europe Civil Law Convention on Corruption done in Strasbourg on 4 December 1999, also signed by Estonia. By comparing the Convention with the Estonian law, the author analyses whether the legal regulation of compensation for damage in Estonia is in conformity with the requirements of the Convention.
The author comes to the conclusion that the Estonian law in force contains several gaps in regulating civil liability and complying with the requirements of the Convention. A problem in the Estonian law is the inadequate regulation of compensation for moral damage, which prevents the application of the principle of full compensation for damage. In connection with the application of civil liability, the Convention and the Estonian law differ in their solutions to the issue concerning guilt. The Estonian legislators should also come to a decision concerning whether a person who has not suffered harm has the right of claim for damages.