Concept

State capture

State capture is a type of systemic political corruption in which private interests significantly influence a state's decision-making processes to their own advantage. The term was first used by the World Bank, around the year 2000, to describe the situation in certain Central Asian countries making the transition from Soviet communism. Specifically, it was applied to situations where small corrupt groups used their influence over government officials to appropriate government decision-making in order to strengthen their own economic positions; these groups' members would later become known as oligarchs. Allegations of state capture have led to protests against the government in Bulgaria in 2013–2014 and in 2020–2021 and Romania in 2017, and have caused an ongoing controversy in South Africa beginning in 2016. The classical definition of state capture refers to the way formal procedures (such as laws and social norms) and government bureaucracy are manipulated by government officials, state-backed companies, private companies or private individuals, so as to influence state policies and laws in their favour. State capture seeks to influence the formation of laws, in order to protect and promote influential actors and their interests. In this way it differs from most other forms of corruption which instead seek selective enforcement of already existing laws. State capture is not necessarily illegal, depending on determination by the captured state itself, and may be attempted through private lobbying and influence. The influence may be through a range of state institutions, including the legislature, executive, ministries, and the judiciary, or through a corrupt electoral process. It is similar to regulatory capture but differs in the scale and variety of influenced areas and, unlike regulatory capture, the private influence is never overt. A distinguishing factor from corruption is that, though in cases of corruption the outcome (of policy or regulatory decision) is not certain, in cases of state capture the outcome is known and is highly likely to be beneficial to the captors of the state.

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