Anti-corruption Plan Research Articles

Human governance a pathway to integrity in counteracting corruption

PurposeCorruption is a global phenomenon. The 2016 Organisation for Economic Co-operation and Development (OECD) Report and the 2019 Malaysia National Anti-Corruption Plan (NACP) Report stated that the government sector most prone to corruption is procurement. The purpose of this study is to explore what drives the government procurement practitioners to commit corruption or uphold integrity. The novelty of this research is it focusses on the human aspect based on a human model which comprises both the physical and non-physical dimensions. It incorporated four theories which are the virtue theory, transaction cost theory (TCT), human governance (HG) philosophy and Al-Ghazali theory of the soul to design the research framework.Design/methodology/approachThis approach to counteract corruption is through the inner “Self” (spirituality) and is not limited or bound to processes, procedures, rules, regulations, systems and structures.FindingsThe findings obtained through the phenomenological method suggest that the Inciting Soul is the driver behind corruption. This happens when intellect (‘Aql) becomes submissive to appetition (Shahwa) and self-assertion (Ghadab) resulting in vice characters. In upholding integrity, Soul-at-Peace is the driver where intellect dominates appetition and self-assertion leading to virtue characters. The HG philosophy is what encapsulates the taxonomy of virtue character.Research limitations/implicationsThis research concentrates only on understanding why corruption happens among those with authority. Nevertheless, this research did not delve into the inculcation of HG. Therefore, the authors would suggest for future research is to explore techniques to inculcate the ability of an individual to exercise all the necessary inner “Self” functions (to curb corruption) without having intervention from an external authority.Practical implicationsCorruption is a global phenomenon. The 2016 OECD Report and the 2019 Malaysia NACP Report found that procurement is the government sector most prone to corruption.Originality/valueThe novelty of this research is its focus on the human aspect based on the model of a human comprising both the physical and non-physical dimensions. The theoretical framework integrates the virtue theory, TCT, HG philosophy and Al-Ghazali theory of the Soul.

Law Enforcement Activities to Combat Corruption in Corporations: Statistical Data and the Complexity of Law Enforcement

In the National Anti-Corruption Plan for 20212024, one of the main tasks is to improve anti-corruption measures in the field of business, including those aimed at increasing the efficiency of interaction between government bodies and the business community on anti-corruption issues. The presented article reveals the main problematic issues in the activities of law enforcement agencies in the field of combating corruption in the economic sector. The author presented statistics and law enforcement practices. Based on the study, the most common violations of anti-corruption laws in corporations were identified. The article emphasizes the need to develop cooperation between law enforcement agencies and organizations in the field of combating corporate corruption, and also identifies the main forms of this activity.

Insight of Recent Strategies and Initiatives in Managing Integrity in Malaysia

The Malaysian government has taken several steps to combat corruption and nurture integrity in society, especially among civil servants. There are many key strategies aimed at fostering and enhancing a culture of integrity, thus, the Malaysian government has agreed to align all efforts on governance, dignity, and anti-corruption into a single integrated plan to strengthen anti-corruption initiatives. The National Anti-Corruption Plan (NACP) was created and demonstrated to achieve the Sustainable Development Goals (SDG-16) that focuses on Peace, Justice, and Strong Institutions. The purpose of this study is to provide an overview of recent strategies and initiatives in managing integrity in Malaysia and to evaluate the integrity behavior among public sector employees. The online questionnaire surveys were distributed to collect the primary data. About 100 employees were randomly selected among civil servants in Malaysia, and yielded a response rate of 77% (77 respondents). The data was then analyzed using SPSS to achieve the objectives; thus, descriptive statistics and Pearson correlation were used to analyze the study variables. The finding indicated that there is a significant relationship between anti-corruption plans and managing integrity among employees in Malaysia. This study will help policymakers to take necessary action to ensure the long-term continuity of the policies and action plans implemented to create a corrupt-free nation that values integrity. It will give value in achieving the SDG-16 goal to substantially reduce bribery and corruption in all their forms.

National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

Where is the gray side of green growth? Theoretical insights, policy directions, and evidence from a multidimensional approach.

Addressing the geographical relocation of the pollution-intensive gray side of low-carbon green production, our study analyzes potential determinants of green and gray growth performance of industrialized/developed countries (IDCs) and industrializing/emerging economies (IEEs) over the 1996–2015 period. We define green growth by low-carbon output, while we link gray growth to comparative advantages of pollution havens. Green and gray growth models include such predictors as domestic income and foreign direct investment (FDI) together with composite indices for globalization, environmental policy stringency (EPS), industrialization, and control of corruption. Considering non-stationarity, cross-section dependency, endogeneity, and heterogeneity concerns, we employ bootstrap and residual-based cointegration analyses followed by long-run estimations using the Common Correlated Effects Mean Group (CCEMG) and Dynamic Ordinary Least Squares (DOLS) estimators and causality examination through Dumitrescu-Hurlin and Emirmahmutoglu-Kose tests. The key findings of the study are as follows: (i) income is positively associated with green growth for both IEEs and IDCs, whereas the income-gray growth nexus is negative for IEEs. (ii) Although inward FDI stocks are positively related to green and gray growth of IEEs and outward FDI stocks are negatively associated with green and gray growth of IDCs, these relationships are mediated by EPS. (iii) Globalization encourages both green and gray growth for IDCs. (iv) Even though EPS inhibits green growth and encourage gray growth in IEEs, these direct effects widely depend on the indirect effects of control of corruption. (v) IEEs’ higher gray growth performance is substantially explained by their increased industrial competitiveness, whereas the link is negative for IDCs. (vi) Control of corruption fosters both green and gray growth in IEEs. Overall, “growing gray” does not necessarily mean “not growing green” and vice versa. Globally, the low-carbon benefits of greening countries may be counterbalanced by the environmental costs of graying economies. From a policy perspective, IEEs need to reinforce environmental policies by green efficiency, green industrialization, and anti-corruption plans to decouple economic growth from carbon dioxide emissions.Supplementary InformationThe online version contains supplementary material available at 10.1007/s11356-021-13127-x.

Anti-corruption education and outreach as a factor promoting investment attractiveness of the country

This article examines the correlation between the country’s investment attractiveness and the level of corruption therein. The key goal of this research consist in the creation of comprehensive curriculum for anti-corruption education and outreach, the implementation of which would significantly reduce the level of corruption in Russia, and thereby improve its investment attractiveness on the international arena. The object of this research is the mechanisms for improving investment attractiveness of the country in the global market; one of such mechanisms is the reduction of corruption component. The subject of this research is the practices of anti-corruption education and outreach used by the world leading countries aimed at lowering the level of corruption. The information framework is comprised  of the official statistics of the World Bank, as well as expert reports published in the media. Based on the established correlation between these factors, the article provides the examples of measures for reducing the level of corruption implemented in Russia and the leading world countries. The result of the work consists in the development of comprehensive curriculum for anti-corruption education, which can be used on the regional or federal level for achieving a synergistic effect. This article is intended for the scholars and pedagogues, officers of the executive branch, state and municipal officials responsible for the implementation of national anti-corruption plans, as well as other experts dealing with anti-corruption issues.

Scenario planning for development of a national anti-corruption framework

Purpose The purpose of this paper is to explore the application of scenarios, as part of foresight process in the attempt to anticipate and understand the future vulnerabilities, trends and challenges for macro planning process. Design/methodology/approach The use of multidisciplinary knowledge, tools and methodologies with the aim of finding new solutions to the grand challenges faced by government have gained popularity in the Malaysian public sector. One of the tools gaining prominence is the use of scenario planning, where it has been widely used by both the public and private sectors to manage risk and develop robust strategic plans in face of uncertain future. The method is extensively applied by many corporations and multinationals particularly among international oil and gas organisations. In the public sector, scenarios have been effectively used in many areas and discipline to provide a broad and deep understanding and inclusive approach in formulation and development of policies. Findings This paper described the use of scenarios to understand the present and future of anti-corruption, as well as anticipate emerging areas of corruption, both within the government and its ecosystem. This led to the formulation of the national level policy on anti-corruption. Research limitations/implications The National Anti-Corruption Plan is an open and living document that will be continuously reviewed throughout its five years implementation duration. It is the reference document for ministries, agencies and governments-linked companies in Malaysia to develop their own Organisational Anti-Corruption Plan. Therefore, the document will be a strategic document for the Government of Malaysia to materialise their anti-corruption effort as a strategic conversation engagement with stakeholders that will provide new insights to the scenarios developed. Practical implications Often, policymakers begin the process of policy formulation through the identification of the problem statement, with hypothesis developed for the subject matter by project owners and stakeholders. Upon understanding the problems, efforts will then be made to identify solutions or strategies through deliberation by stakeholders. However, this direct approach may produce gaps and lack the required future robustness. The use of scenarios will ensure inclusiveness of approach, taking into consideration all present challenges, anticipating future need and trends that emerged in domestic, regional and international contexts. Social implications This paper addresses corruption by developing solutions that enable the government to solve present problem and to prevent future occurrences by anticipating incidents and areas of corruption; it is about proactive measures rather than reactive measures. This paper also emphasizes on a different perspective – looking at multiple lenses – understanding the systemic issues and interdependencies of anti-corruption challenges. The stakeholders then shift their lenses, narrowing the issues towards specific areas, from a broader perspective to a more focused perspective measure. This study ensures critical stakeholders’ involvement and buy-in; findings and suggested solutions are shared and tested amongst targeted groups. This will enable collective insights and shared responsibility for stakeholders in ensuring the success of the implementation of the plan. Originality/value The authors wish to highlight that reviews of various anti-corruption policy documents, especially in the Asia Pacific region were made. This was intended to highlight the significance of this paper and how it shows that the application of scenarios in formulation of a national level anti-corruption policy is unprecedented.

Does stakeholder engagement affect corruption risk management?

Major international organizations such as the Organization for Economic Cooperation and Development (OECD), the United Nations (UN), and the European Union (EU) have stressed the importance of risk management as a useful mechanism to prevent corruption. Anticorruption laws or regulations have been developed around the world, both at regional and national level. These aim to support the design and implementation of proactive management of corruption risks in the public sector. This article aimed to investigate the relationship between stakeholder engagement and the extent of implementation of corruption risk management systems by public organizations. We analysed the anticorruption plans of 343 Italian administrations to explore how different categories of stakeholders (i.e. employees, governing bodies, users/citizens associations) can contribute to the corruption risk management process. We found that the involvement of external and internal stakeholders can positively affect the extent of implementation of corruption risk management systems by public organizations. We explained our results by referring to both traditional organizational theories (institutional theory and the resource-based view) and public governance theories (collaborative and inclusive governance). Institutional pressures, knowledge and values emerged as keys to understanding the results.

Statistical form contents for selective survey of procurements with high corruption risks at the federal and municipal levels

The main purpose of the study is to identify the types and volumes of purchases for state and municipal needs with high corruption risks. Based on the studies, proposals have been prepared on the content of the sample statistical monitoring of procurements with high corruption risks. The expansion of statistical research in this area is provided by the National Anti-Corruption Plan for 2018–2020.The research materials include data from statistical observations, summary analytical reports of the ministries for 2014–2019, speeches by representatives of the government and science on corruption and the effectiveness of public procurement, as well as scientific publications. General scientific empirical and theoretical research methods were used. Empirical methods include the steps of collecting information and collecting official data, materials from scientific conferences and interviews. Theoretical methods provide for the formalization of the heterogeneous information received on the processes under study in the public procurement system.The results of the studies showed the need for selective statistical observation, despite the cancellation of continuous monitoring since 2015 due to the start of the full functioning of the unified information procurement system (hereinafter – the UIPS) on the website www. zakupki.gov.ru. Reports based on data from the UIPS, as well as the Federal Antimonopoly Service of Russia and the Treasury of Russia from 2015 to 2017 had been prepared by the Ministry of Economic Development of Russia and from 2018 by the Ministry of Finance of Russia. During such a transfer of authority, for example, the number of applications submitted per one competitive procedure dropped out of the number of the monitored indicators. However, since 2018, more attention has been paid to procurement on the basis of paragraphs рр. 24, 25 part 1 of article 93 of 44-FZ, providing for the possibility of concluding a contract with a single supplier due to failed tender procedures. The value of contracts on these grounds amounted to 2,755 billion rubles (or 43.78 billion US dollars) in 2018 with an upward trend in 2019, and amounted to 29% of the total value of the concluded contracts. A common way of making such purchases with high corruption risks is to conspire with participants in procurement procedures that have received the name «Battering ram operation» at electronic auctions, as well as formulating difficult conditions and high requirements for performers, with poor public examination of the state contract.In conclusion, it should be noted that selective statistical surveys should supplement the available information of the UIPS with data on procurement from a single supplier, and the selection of a separate category of contracts concluded as a result of failed procedures of a massive nature. The prepared proposals contribute to the implementation of order of the President of the Russian Federation to strengthen the effectiveness of control in the procurement of goods, works and services to ensure state and municipal needs dated December 17, 2018 No. Pr-2417 and implementing of national anti-corruption plan.

The disclosure in the Anti-Corruption Plans. Formal vs substantive attempts in the Italian Regional Governments

The disclosure in the Anti-Corruption Plans. Formal vs substantive attempts in the Italian Regional Governments

INSIGHTS: GOVERNANCE, INTEGRITY AND CORRUPTION: A COMMENTARY FROM THE PERSPECTIVE OF HUMAN GOVERNANCE

The National Anti-Corruption Plan (NACP) launched in January 2019 provides a narrative on the imperatives to fight corruption (fasad). Integrity and governance have been identified as the twin solutions to corruption. Based on this foundational premise, various initiatives from six key strategies relating to integrity, transparency and accountability of actors in politics, public administration, law enforcement, legal and judicial domain, corporate sphere and other relevant parties within the Malaysian society have been outlined in the journey towards a corrupt-free nation. In comparison with the National Integrity Plan (2004) and the Government Transformation Plan (2010), its two predecessor national frameworks, the NACP, explicitly recognises that integrity is a human issue. As a consequence, it highlights the human dimension that will also be its focus area, thus creating in our view, its differentiating factor. This commentary offers the pathway in addressing the human dimension on integrity and corruption through human governance

Legal Interpretation of Bribery (Statistical Analysis)

Anti-corruption is one of the priorities of state policy and the most important activity of law enforcement agencies, which are given a central place in the implementation of anti-corruption legislation and its enforcement. In order to combat corruption and in accordance with paragraph 1 part 1 of the Federal law of 25.12.2008№ 273-FZ «On combating corruption» the decree of the President of the Russian Federation of 29.062018 № 378 approved the national anti-corruption plan for 2018-2020.Bribery, which is the core of economic and legal violations, occupies a special place in the structure of corruption crime. The number of crimes on the registered facts of bribery is constantly growing and deviation from the norms is transformed into an acceptable norm that contradicts the interests of the civil service and state power.Considering bribery as a type of economic criminal offense, the author proposes an analytical decomposition of crimes committed in the period 2001-2015, the natural trends and random deviations from the trend. New coverage of crimes consists in building statistical relationships, dependencies and interdependencies between contractors, which are governed by the ideology of Law and Economics. An interdisciplinary approach aimed at improving anti-corruption measures expands the scientific and methodological potential of bribery research.As a measure of dependence, correlation and regression coefficients are used in the microsystem of the transaction organized without intermediaries. The axiom of a «bribe» is offered, increasing the cost of the service of the bribetaker and distributed subsequently by the bribe-giver on consumers of the benefits created by it.The tested procedures can be used to create mechanisms for promoting anti-corruption values and scientific support of anti-corruption.

Combating Corruption: the President of the Russian Federation Approved a New National Plan

Introduction. The article defnes the place and role of the institution of national anti-corruption planning in the context of the implementation of the state strategy to combat corruption practices, presents the main directions, principles, priorities and objectives of the new national anti-corruption plan, the main components of the mechanism of its implementation.Materials and methods. The scientifc and methodological basis of the this research is formed by the dialectical-materialistic concept of scientific analysis, a set of general scientifc and special methods of research of political, legal, social, moral and managerial aspects of the state strategy in the sphere of combating corruption.Results. The features of the content of the anticorruption powers of public authorities are presented; the nomenclature of innovative components of political, legal, economic, scientifc and educational initiatives of the state in the feld of combating corruption is presented; the main problems that should be paid attention to in the implementation of anticorruption measures under the national plan for the next three years are identifed. The issues of fighting elite corruption, de-offshorization of the economy, de-bureaucratization of management, optimization of the system of organization of tenders and auctions for procurement of goods and services for state and municipal needs, improving the effciency of legal, political and administrative mechanisms to combat corruption are also explored.Conclusion. The necessary generalizations and conclusions are made, some proposals are made to improve the existing anti-corruption mechanism in the Russian Federation.

Социальный контроль и противодействие коррупции

The article contains main theses of the author’s speech at the VI Eurasian Anti-Corruption Forum “Social control as a key factor of anti-corruption” which took place in Moscow, 26—27 April 2017 within the frame of implementation of point 19 of National Anticorruption Plan 2016—2017.
 On the basis of analysis of international legal norms, provisions of national and foreign legislation, including open government institute’s regulation the concept of social control is formed, its place and role in modern anti-corruption politics are determined. The danger of distancing of state from the institutions of civil society is underlined, because it causes weakening of the whole state, provokes the intervention of external forces into internal affairs of the country.
 In the article the tendency is analyzed which consists in changing of the goal-setting of social control in the process of its legal consolidation and implementation by individual entities that invest in it a sense close to law enforcement, although it is exclusively a state function.
 Risks of deformed understanding of essence of social control are examined and new legal solutions of improving legislation in this area are proposed, in particular, conduction of complex evaluation of adaptive possibilities of international legal norms and determination of difficulties, related to assumption of obligations; the development of interstate implementation mechanisms; expansion of the circle of subjects of public control and activation of departmental monitoring of the activities of non-profit organizations.
 The author comes to the conclusion that it is necessary to form an international standard of anti-corruption social control, taking into account international legal acts and scientific research. At the same time, the concept of such a standard must be based on an understanding of its creative nature, the potential of cooperation between various social structures for the common good.

Accountability and Reporting in the Fight against Corruption: Preliminary Evidences from the Italian Setting

This paper aims to explain how Italian Regional Governments reacted to the introduction of the Anti-Corruption Plans in order to understand the degree of thoroughness. To answer the research question 20 Anti-Corruption Plans prepared by Italian Regional Governments for the years 2013-2016. The plans were examined using a meaning-oriented content analysis. This analysis allows us to detect the degree of compliance with the National Anticorruption Plan (NAP). Also we investigated the characteristics of the information, as well as the degree of thoroughness of the reports. Our findings highlight the existence of high degree of heterogeneity in the Anti corruption plans that characterises the national context. Also, our findings reveal the existence of a wide presence of regions employing poor reporting practices.

Administrative Law Anti-Corruption Regulation in Public Administration

The article examines administrative and legal aspects of fighting against corruption in state-management relations. The author has studied provisions of legal instruments governing the prevention of corruption in the Russian Federation. The author has analyzed the process of discussion and adoption of the draft law regarding the fight against corruption, as well as the draft foundations of the legislation devoted to anti-corruption policy. The article analyzes the laws of constituent entities of the Russian Federation aimed at combating corruption. The author reviewed the provisions of anti-corruption by-laws and regulations, including the National Strategy against Corruption and the existing National Anti-corruption Plan. In addition, the article presents anti-corruption legal acts of State Administration of the Ministry of Internal Affairs of the Russian Federation, as well as provisions of legal acts issued by the Department of Economic Policy and Development of Moscow and aimed at fight against corruption.

Стратегия противодействия коррупции: опыт Российской Федерации и Китайской Народной Республики

The article deals with the strategy of anti-corruption on the example of Russian Federation and the People’s Republic of China. The author conducts a comparative analysis of the strategies developed in Russia and China, considering the appropriate anticorruption practices. The author concludes that the anti-corruption strategies in these countries have some common approaches, but there are significant differences in applying approaches, for example, there are great opportunities for incorporation of information and telecommunication technologies in the law enforcement practice of the Russian Federation, taking into account the positive experience of the People’s Republic of China. Also the experience of China is very interesting in the discourse of the rule of law, inevitability of punishment and the absence of selective justice against corrupt officials. In turn, for the Chinese experts can be interesting the experience of the institutionalization of anti-corruption efforts, which is reflected in anti-corruption plans, which are developing and adopting twice a year in a legal space of the Russian Federation.

Istanbul Anti-corruption Action Plan as a basis for anti-corruption reforms in Ukraine

Досліджено положення та рекомендації Стамбульського плану дій по боротьбі з корупцією. Визначено стан виконання Україною добровільно взятих на себе зобов’язань відповідно до цього міжнародного документу. Опрацьовано етапи та результати реалізації Стамбульського плану дій по боротьбі з корупцією, в різні періоди незалежності України. На підставі орієнтирів Стамбульського плану дій по боротьбі з корупцією та особливостей безпекової та політичної ситуації сьогодення, встановлені подальші шляхи державної вітчизняної політики у сфері запобігання корупції. Охарактеризовано пріоритетні сфери реформ впровадження заходів із запобігання корупції.

Disclosure on Measures to Prevent Corruption Risks: A Study of Italian Local Governments

ABSTRACTThis article investigates the characteristics of the disclosures of anticorruption measures that Italian local governments (LGs) publish to increase transparency, public accountability, and citizens’ trust in public administration. The analysis of the anticorruption plans of a sample of Italian LGs shows that this type of disclosure might be a way of repairing organizational legitimacy after an occurrence of corruption. More external directors in the governing body also increase the pressure on LG managers to publish information about anticorruption measures. Finally, larger LGs demonstrate a greater propensity to provide information on the actions implemented to mitigate corruption risks.

Anti-corruption revisited: the case of the Czech Republic and Slovakia

Corruption is an urgent problem in both the Czech Republic and Slovakia. Whereas the new Czech government has pushed anti-corruption plans, in Slovakia, a special court and prosecution office are in place facing constant challenges. In both countries, the issue has been highly politicised and the adaptation of anti-corruption institutions as well as the implementation of legislation have been poor. This paper examines whether those shortcomings can be explained by elite-based “politics of corruption”. Basically, on a general scale, the paper shows the relation between politics and corruption and identifies a gap between anti-corruption efforts and results. The conclusion finds that anti-corruption in both states has no serious political base while, depending on single personalities, there have been some achievements in this respect in both the Czech Republic and Slovakia.