Anti-corruption Strategies Research Articles

The slippery slope to State capture: cadre deployment as an enabler of corruption and a contributor to blurred party-State lines

Drawing on both legal and political sources, this article scrutinises the policy of cadre deployment that the African National Congress (ANC), the ruling party in South Africa, has implemented, and continues to apply. The analysis begins by recalling and commenting on the only reported judgment in South African jurisprudence that dealt with the political influencing of municipalities' exercise of their public power to make appointments, namely, Mlokoti v Amathole District Municipality & another 2009 (6) SA 354 (ECD). What the Mlokoti case has confirmed is that the legal foundation for the exercise of public power is found in the Constitution and its enabling legislation, and not in party political policy, such as the ongoing practice of cadre deployment. In an investigation of cadre deployment, the article then demonstrates that this ANC policy, particularly judging by its stated purpose, is incompatible with the constitutional State and, instead, enables the rise of the shadow State. Unsurprisingly, therefore, political commentators increasingly observe that, apart from the revelations at the Zondo Commission of Inquiry, State capture in South Africa in fact commenced when the ANC assumed political power in pursuit of the National Democratic Revolution. It is argued that the pursuit of a National Democratic Revolution in South Africa is directly at odds with the vision and goals of the 1994 constitutional pact. Convening a bipartisan national convention on philosophical and other approaches to the fight against corruption may offer a solution. Here, a starting point would be to reconsider the country's anti-corruption strategies to pay proper attention to the ethical causes of this scourge.

Cучасний стан формування та реалізації антикорупційної політики в Україні

The article studies the modern state of development and implementation of anti-corruption policy in Ukraine. It was found out that today corruption in Ukraine is a serious problem recognized by the state authority, national and foreign analysts and respective international institutions. It was established that a considerable development of the anti-corruption legislation took place in 2014. The new three-level planning system for prevention and detection of corruption was developed in Ukraine, but, unfortunately, only de-jure. It was found out that the first anti-corruption strategy did not become an effective tool for the anti-corruption policy due to the low institutional capacity of the National Agency on Corruption Prevention and absence of clear indicators of strategy implementation. It was found out that the draft of the new Anti-corruption strategy was aimed at the coordinated and systematic work of all anti-corruption bodies of public authority. It was also found out that the anti- corruption programs of the public authority bodies, as well as the institute of authorized persons, did not manage to become an effective tool for combating corruption. The article analyzed the activity of NACP as an executive authority central body with a special status. It was found out that NACP had achieved major success in its activity through the development and modernization of necessary anti-corruption registries and portals, engagement in the development of the open data in Ukraine and establishment of the Integrity Building Office and School of Integrity. It was found out that the institutes of civil society and international organizations (Public Council, Anti-Corruption Action Center, Center for Political and Legal Reforms, Independent Defence Anti- Corruption Committee, Transparency International Ukraine and others) actively participate in the development and implementation of the anti-corruption policy in Ukraine. The author points out that today the basis for the anti-corruption legislation was developed and the anti-corruption infrastructure was created, however, the scale of corruption in Ukraine stays pretty much the same.

Особливості податкового контролю нових країн ЄС: на прикладі Латвії

The paper substantiates comprehensive approaches to the formation of an effective mechanism for tax control of income and expenses of taxpayers in the Baltic States, in particular in Latvia. In order to effectively implement methods of controlling income and expenditure on a legal basis, first of all, it is necessary to start comprehensive and persistent fight against shadow income. Methodological approaches should include: attracting public investment to create an information digital infrastructure for processing declarations; the elimination of shadow flows, as well as the implementation of universal declaration using indirect methods of determining tax liabilities and the general modernization of the tax system. The anti-corruption strategy of modern state legislation should be aimed not only at the inevitability of punishment for corrupt practices, but also at the consistent elimination of the conditions for corruption.

BLOCKCHAIN TECHNOLOGY AS AN ANTI-CORRUPTION MANAGEMENT TOOL

The world has not yet come up with a single recipe for fighting corruption. But thanks to constant progress, anti-corruption strategies are replenished with effective innovation mechanisms. The global experience of using blockchain opens up new prospects for eliminating corruption in the world. Blockchain is an opportunity not only to modernize outdated functional systems, but also to apply new, more effective means of combating corruption and cybercrime. One of the main advantages of the blockchain is that all network participants have a register of transaction data. Therefore, if someone decides to hide, delete or change their recalculations in the accounting book, then copies of these transactions still remain in tens of thousands of other users and the system immediately accesses them. Therefore, a few minutes will be enough to solve the issues of detecting a crime. Today, it is worth highlighting 3 types of widespread use of blockchain technology in the fight against corruption: identity verification, asset registration and tracking of monetary transactions. For example, you can check the purpose of money transfers in real time, see salary payments, and compare prices among suppliers. Like any type of crime, corruption in human society cannot be completely excluded. However, decentralized platforms functioning on blockchain technology, already today, firstly, can directly bring together the customer and the executor, and secondly, all the conditions agreed upon by the participants can then be easily verified (thus, it will be impossible to imperceptibly inflate the price when using blockchain). Blockchain technology is in demand because it creates an unprecedented degree of trust in information in relationships between individuals and public organizations, or between the state, people and private institutions.

PARTICIPATION OF NON-GOVERNMENTAL ORGANIZATIONS IN COUNTERING CORRUPTION IN POLAND: LEGAL FRAMEWORK AND IMPLEMENTATION PRACTICES

Poland has developed a sufficiently effective and systematic approach to combating corruption among post-socialist countries. Cooperation between the authorities and non-governmental organizations is an important part of the fight against corruption in Poland. Purpose: to show the role of non-governmental organizations in Poland, to determine their main functions, goals and forms of their activities; to show the experience and challenges of interaction between the government and non-governmental organizations. Methods: the paper is based on a combination of general scientific methods (system analysis, ascent from the abstract to the concrete, synthesis, typological method, etc.) and special methods of law and political science research (comparative, content analysis, etc.). Results: The paper shows the role of non-governmental organizations in shaping the anti-corruption strategy of Poland. Their goals, functions and forms of activity, sources of their financing are analyzed. The author highlights the following positive forms of interaction between the state and non-governmental organizations: involvement of the authorities in debates and conferences held by non-governmental organizations, allocation of grants to finance their activities, taking into account the proposals of non-governmental organizations in the activities of the authorities. The author distinguishes among the negative forms: reduction of external funding in connection with state policy, violations of human rights by state bodies, violation of the obligation of non-governmental organizations to prepare an annual report on their activities. The paper concludes that it is possible to apply the positive experience of Poland in the post-Soviet countries.

Days of post-pandemic future: re-imagining corruption practices in a world that won’t stop changing

PurposeThe purpose of this paper is to propose a new analytical framework in examining corruption from the social ontology perspective by using the Schatzkian practice theory to assess the interconnectedness among social practices constituting the social reality.Design/methodology/approachThis exploratory paper is part of the author’s study to assess the complex corruption phenomenon in Indonesia from multiple perspectives to gain a better understanding of its nature and dynamics. By drawing from the existing literature on the Schatzkian practice theory, the COVID-19 pandemic and the corruption phenomenon, this study investigates the potential changes of the new constellation of practice-arrangement bundles within the social reality and how such changes may alter corruption practices in the future. Furthermore, this study also uses publicly available reports from several national and international agencies to explore possible future scenarios from the interconnectedness of corruption, anti-corruption and pandemic practices. This paper constructs a new analytical framework for assessing the corruption phenomenon and designing the most appropriate anti-corruption strategy from such an exploration. The framework also serves as a reference for future anti-corruption research.FindingsThe author establishes that all social phenomena are constructed by an interconnected, dynamic and ever-changing constellation of practice-arrangement bundles within the social reality. As a largely social phenomenon (at least in Indonesia), corruption is also constructed by webs of practice-arrangement bundles. For decades, corruption practices in Indonesia have always been interconnected with anti-corruption practices in ways that changes in one group of practices will drive changes in the others. With the adoption of the pandemic practices centered around social distancing, social restriction and social safety net, corruption practices appear to transform to adapt to the new environment. Therefore, future anti-corruption research should aim to examine the structure and dynamics of corruption, anti-corruption and pandemic practices to highlight changes or potential changes within the three groups of practices to determine the most appropriate intervention measures and anti-corruption strategy.Research limitations/implicationsThis exploratory study is self-funded and relies primarily on documentary analysis to explore the corruption phenomenon in Indonesia. Future studies will benefit from in-depth interviews with former corruption offenders and corruption investigators.Practical implicationsThis exploratory paper contributes to developing a sound corruption prevention strategy by proposing a new analytical framework for assessing various social practices, particularly those associated with corruption and the COVID-19 pandemic.Originality/valueThis paper highlights the importance of understanding the structure, interconnectedness and dynamics of social practices, particularly associated with the COVID-19 pandemic, to better understand the corruption phenomenon.

Реалізація антикорупційної політики в процесі трансформації системи публічного управління

Models of corruption based on its social essence are revealed. Research approaches to the formation of anti-corruption policy by areas are highlighted and characterized. The factors influencing the formation and implementation of anti-corruption policy are presented. The Corruption Perceptions Index in Ukraine for the period 2012-2019 is analyzed. Ways to combat corruption are suggested. The basic methodological components of transparency in the activities of public authorities with the use of information and communication tools are outlined. The priority tasks of the state's anti-corruption policy have been identified. The structural scheme of anti-corruption policy implementation has been developed. The current trend of improving national legislation in the context of forming the foundations of anti-corruption policy is identified. The Strategy of Public Administration Reform of Ukraine for 2022 - 2025 and the expected results from its implementation are considered. It is proved that the process of formation and implementation of anti-corruption policy in the field of public administration depends on strong political will, which is embodied in the anti-corruption strategy.

COMBATING POLITICAL CORRUPTION ON POLITICAL PARTY FINANCING: PROSPECTS FOR IMPLEMENTATION OF EU LEGISLATION

The article provides an analysis of the concept of "political corruption" under the laws of Ukraine and proves the lack of a clear definition and features of this concept. Instead, the author highlights the main features of political corruption, its differences from other types of corruption. In addition, the peculiarities of regulating the concept of "political corruption" in the Anti-Corruption Strategy 2020-2024 are analyzed. The article pays special attention to the types of political corruption, namely the financing of political parties and the experience of the European Union in addressing issues of transparency, control, prevention and combating illegal activities. Attention is paid to sources of financing, selection of their types and features of receipt of funds by certain types. The concept of "gifts" and issues related to this type of funding, transparency and legitimacy of gifts and such activities within the requirements of applicable law, setting limits on the amount of such income and the procedure for reporting and declaring the income of parties. A system of control over the transparency of the receipt of funds has been established: 1) the obligation of parties to report the fact and source of receipt; 2) provide information on legal and natural persons-donors; 3) the right of a specially authorized body of the EU to verify the revenues and contributions of political parties is defined. The procedure for financing political parties at the expense of state funds and the conditions for their provision, features of reporting and control over the expenditure of funds, areas of funding, restrictions and requirements for the receipt of funds, the procedure and requirements for declaring certain financial sources. It also mentions the rights and opportunities for measures taken by the bodies that control the financing of political parties from the budget of the European Union.

Life Imprisonment without Parole in China: Substituting Death for Economic Crimes

Life imprisonment without parole and commutation (LWOP) came under Ninth Amendment to the 1997 Criminal Law of Peoples Republic of China as a proviso to the suspended death penalty for corruption crimes. The legislative intent given for the arrival of new punishment depicts LWOP as a solution for the disparity in a suspended death sentence, controlling judicial discretion and proportional punishment for corruption which is debated as not an exhaustive and compelling justification. The manuscript addresses a substantive question; if LWOP is suitable for the criminal justice system in China? And is answered under three normative claims, namely necessity, effectiveness, and humanness.The examination of the topic contends LWOP is more of an effective tool in broader anti-corruption strategy than a need for domestic utilization.LWOP in China gives no hope of release and stands inconsistent with Article 3 of the European Convention on Human Rights

FIGHT AGAINST CORRUPTION AS A CONDITION FOR THE LEGAL ESTABLISHMENT OF LOCAL DEMOCRACY IN UKRAINE

In the article, the author explores the problem of combating corruption in Ukraine, which affects the legal formation of local democracy, drawing attention to the direct relationship between these processes. A vicious circle has been created in Ukrainian society where corruption undermines democratic institutions, in turn, weak democratic institutions are unable to control corruption. It is obvious that an important factor in the unresolved nature of this problem is the anti-corruption strategies of recent years, which have not been able to significantly affect the current state of affairs. This article offers an analysis of anti-corruption strategies of previous years and the draft law on anti-corruption strategy for 2021-2025, which aims to prevent and eliminate corruption in Ukraine.
 In turn, an effective anti-corruption fight would promote the development of the institution of local democracy, its forms such as elections, advisory bodies to the authorities, public hearings, conferences, public discussions, cooperation of public institutions and authorities at the regional and interregional level, financial participation in projects, programs and activities of the state and citizens, joint monitoring of public opinion and conducting polls, sociological research, the institute of formation of civic competencies, feedback of information exchange, etc.
 Despite the long history of the development of legal mechanisms of the state aimed at overcoming corruption, there is no deep understanding in the domestic political science of the relationship between the concept of local democracy and the level of corruption. There is a noticeable lack of work that examines the relationship between corruption and the development of the institution of local democracy, which would contain an analysis of the problems of local democracy through the prism of the level of corruption and the activities of anti-corruption bodies in Ukraine. Considering the problem from this angle, we can better understand the essence of the changes that the European Ukrainian state needs.

Do Anti-Corruption Messages Improve Public Service Delivery? Insights from a Lab-in-the-Field Experiment in Burundi

This paper explores the effects of anti-corruption sensitisation messages on bribe-taking and public service delivery. In a novel lab-in-the-field experiment in Burundi, 527 public servants were asked to allocate rationed vouchers between anonymous citizens; some of these citizens attempted to bribe the public servants to obtain more vouchers than entitled. Two groups of public servants were randomly exposed to similar short messages that called to either the idea of good governance or professional values of integrity. Public servants exposed to the professional identity message behaved in a more equitable manner than those not exposed to any message. We hypothesise that reflecting upon professional values increases moral costs and prompts fairer service delivery. Bribe-taking was not impacted by the messages and bribe-taking and service delivery appear to be distinct dimensions, correlated to different variables. The experiment provides new insights into the design of public service improvement and anti-corruption strategies.

Investigating the causal complexity of corruption in project-based organizations: a scenario analysis of bidding activity in the Chinese construction sector

PurposeAlthough the global construction industry has made great contributions to economic development, industry corruption is a challenge for governments all over the world. This paper aims to investigate the causal complexity of organizational corruption by exploring the configuration effect of multiple induced conditions of corruption in the construction sector.Design/methodology/approachThis study is focused on bribery, a specific form of corrupt behavior through a scenario-based survey role-playing game in which participants encounter bribery. A total of 400 Chinese construction sector participants were randomly recruited to complete this survey.FindingsCompared with studies that have identified a number of factors associated with corruption in the construction sector, this study found asymmetry and complexity in the causality of organizational corruption. That is, when a variable causing corruption changes from one condition to its opposite – for example, from fierce to mild competition – the degree of corruption is not necessarily reduced as one may expect.Practical implicationsAnti-corruption measures should not rely solely on the net effects of discrete conditions and the interactions between multiple factors should not be ignored. In other words, anti-corruption strategies should not be implemented in isolation of their context, and pairing control measures with configurations is critical in controlling corruption. Finally, multiple configuration paths should be reconsidered when considering the degree of corruption reduction.Originality/valueThis study proposes a comprehensive analysis framework for addressing organizational corruption in the construction sector by investigating configuration effects of multiple induced conditions and offers a useful method for addressing corruption.

Psychological Contract: A New Dimension in Preventing Corrupt Behaviour in Customs

The fight against corruption in the Customs environment is a major challenge for many countries. It is important to highlight the commendable efforts that have been made by Customs through the implementation of anti-corruption programmes. However, it is difficult to identify cases where these efforts have yielded a positive return on investment. This is partly because they are not sufficient to foster a process of organizational, cultural and behavioural change conducive to Customs integrity. As corruption ultimately results from decisions made by individuals, an understanding of human behaviour is of paramount importance. Behavioural insights that help us understand corruption and make integrity-promoting measures more effective should be applied in consultation with Customs practitioners in the development of workable anti-corruption strategies. Through this article, we aim to explore a new approach (Although previous research studies have examined the effect of the psychological contract on promoting behavioural change in employees at work (e.g., Conway & Briner, 2005; Coyle-Shapiro, 2002; Van de Ven, 2012; etc.), to the best of our knowledge, there has not been any research directly investigating the link between the psychological contract and corruption behaviour in the Customs working environment.) to corruption prevention from the perspective of the psychological contract as a cognitive concept, one that is measurable and that forms the foundations of the employment relationship. This can help to assess the ‘emotional distance’ between the employee and the employer in any given Customs administration, and can thus assist in analysing measures of the level of trust, reciprocity and integrity exhibited by Customs employees in relation to the organization. This article aims to discuss the value of the concept of the psychological contract and, more specifically, the consequences of contract violation in understanding and combating the phenomenon of corruption in the Customs environment. Behavioural insights, psychological contract, psychological contract violation, corruption in Customs, integrity in Customs

Науково-теоретичні основи формування та реалізації антикорупційної політики держави

Theoretical bases of counteraction to corruption with specification of the conceptual apparatus of science of public administration are opened. The basic methodological components of the formation and implementation of anti-corruption policy of the state are outlined. It is determined that the anti-corruption policy should be integrated into the basic strategy of the state development. It is proved that the effectiveness of the state's anticorruption policy depends on strong political will, which is embodied in the anti-corruption strategy and effective functioning of a comprehensive system of authorized institutions.

Victims of Corruption: Integral Reparation and Institutional Trust as Cores of Anticorruption Strategies

In the context of the current anti-corruption discourse, it is critical to consider the systemic and structural manipulation of institutions, which potentially increases social/interpersonal and institutional distrust and lack of confidence, and creates the perception of “institutional vacuums” and institutional illegitimacy. In the long run, this dynamic creates a vicious circle between lower social/ interpersonal and institutional trust and higher corruption. Bearing this in mind, in this paper it is argued that integral reparation of individual, collective, and social victims of corruption should be a core principle of any anti-corruption discourse and practice that seeks to restore social/interpersonal and institutional trust and legitimacy. This paper consists of four sections. After the introduction, in the second section it is analyzed how institutional distrust is an unexpected consequence of exposing Macro- corruption and institutional cooptation. In the third section the main strategies for restoring social/interpersonal and institutional trust are discussed. In the final section it is considered the role of integral reparation actions to restore trust and confidence among individual, collective, and social agents.

Dark Side Case: Layers of Corruption in the Car Wash Scheme

Petrobras is an oil and gas giant publicly traded in Brazil and in international stock markets such as the New York Stock Exchange. The company’s main shareholder is Brazil’s federal government. Political influence is at the center of Petrobras’ implication in a massive corruption scheme revealed in 2014. Brazilian Federal Police’s Operation Car Wash disclosed a wide corruption scheme involving Petrobras, members of the Brazilian public administration, and some of the top construction firms in the country. The case focuses on describing how corruption practices spread at Petrobras as well as on the company’s responses to the crisis initiated in March 2014. In the months that followed the scandal, former Petrobras executives involved in the scheme agreed to plea bargains and thus helped reveal an intricate network of corruption practices, including complex forms of bid rigging and bribery. Meanwhile, Petrobras announced the intention to create a Governance, Risk, and Compliance unit that would be in charge of various compliance initiatives. On the other hand, the company expressly denied liability and portrayed itself as a victim of the scheme. Based on rich information from the Car Wash scandal, the case addresses the following questions: what is organizational corruption and what are the main assumptions underlying the design and implementation of anti-corruption strategies?

Breaking the cycle of failure in combating corruption in Asian countries

PurposeThe purpose of this paper is to identify the five mistakes made by political leaders in Asian countries in combating corruption. These mistakes constitute the cycle of failure which must be broken for Asian countries to succeed in fighting corruption.Design/methodology/approachThis paper is based on the comparative evaluation of the effectiveness of the anti-corruption measures adopted by various Asian countries.FindingsThe cycle of failure in combating corruption in Asian countries arises from their governments’ reliance on corrupt political leaders and the police, and multiple anti-corruption agencies as attack dogs or paper tigers.Originality/valueThis paper would be of interest to those policymakers, anti-corruption practitioners, and scholars, who are concerned with enhancing the effectiveness of anti-corruption strategies in their countries by breaking the cycle of failure.

Корупційні ризики у сфері земельних відносин та напрями їх мінімізації

The purpose of the article is to identify corruption risks in the field of land relations, identify specific factors confirming the existence of a corruption component in agricultural land use to create a system of preventive measures and establish regulatory fuses, limit corruption influence on land transactions and protect human rights. Research methods. To achieve this goal, the following methods were used: analysis and synthesis (to determine the sources of corruption schemes in the field of land relations); correlation analysis (to establish the relationship between corruption and land use concentration); empirical (on the study of the consequences of corruption offenses in the field of land relations) and abstract-logical (to summarize the conclusions and formulate proposals). Research results. Identification of the main sources of corruption schemes in the field of agricultural land use contributes to the development of effective methods to combat these offenses. According to research by foreign scholars, the system of preventing abuse of office and obtaining illegal benefits by officials at all levels of government is built through: overcoming the monopoly, as the exclusive right of government agencies to carry out and control land transactions; clear legislative regulation of mechanisms of purchase and sale and other transactions with agricultural land; introduction of mechanisms of publicity, transparency and information openness in the land market. Disclosure of intentions to conduct land transactions, opening of operations, dissemination of information on approved agreements will reduce the interest of corrupt officials and protect legal actions. In addition to the types of corruption in the field of agricultural land use identified by the NACP, specific factors are outlined that confirm the existence of a corruption component, including: 1) conclusion of large land agreements (concentration of land use); 2) investment flows into land assets from offshore zones; 3) discretionary powers of a single body of executive power in the field of disposal of agricultural land. The establishment of regulatory safeguards on additional to generally accepted factors of corruption will limit the corrupt impact on land transactions and protect the rights of low-income people, small landholdings and other types of socio-economic exclusion. Scientific novelty сonsists in substantiating the need to single out large land agreements (concentration of land use) as transactions with significant corruption risk, when developing mechanisms to combat corruption at the national level. Practical significance. Addendum to the draft Anti-Corruption Strategy for 2021-2025 in terms of identifying key issues in the field of land relations by developing a special mechanism for concluding large agreements (land use concentration) with mandatory verification of sources of funds, verification of information on ultimate beneficial owners and verification of corporate structure permanent monitoring of the impact of concentrated land use on the observance of the rights of the local population and preservation of the environment will become an effective preventive anti-corruption measure in the field of land relations. Figs.: 3. Refs.: 27.

Forensic Finance and Budgeting Process Within the Public Financial Management (PFM) Framework in the African Context

International development institutions frequently prescribe improving public financial management (PFM) as part of the response to lowering corruption levels in low- and middle-income countries. But to date, there has been little cross-country analysis on whether better PFM is associated with lower levels of corruption. This paper investigates the relationship between PFM, crime, and forensic sciences' role in curbing corruption levels during the budgeting process. The paper explores the public finance management (PFM) system in African countries, the PFM system and budget credibility, the PFM system, and fiscal outcomes. Further, the paper analyses how the PFM system can provide opportunities for corruption and how to strengthen the PFM as an anti-corruption strategy. In this regard, the paper brings forensic sciences and transparency in budget preparation, execution, and reporting. In this paper, the author presents areas of corruption during the budgeting process. It involves several stages, including Long-term planning at the political level, the annual budget formulation in the executive branch, debate and passage of the budget in parliament, implementation by various ministries and government agencies, and oversight and control by several institutions. This paper will explain a case study on corruption during the budgeting process or budget padding. On a positive note, the paper shows that if there is the political will to curb corruption in the budget process, three factors stand out as essential: transparency, objective criteria for allocating burdens and favouring legitimate decision-making processes. Finally, forensic sciences occupy the scene and its importance exis

Corruption: An Impediment to Delivering Pathology and Laboratory Services in Resource-Limited Settings.

Corruption is a widely acknowledged problem in the health sector of low- and middle-income countries (LMICs). Yet, little is known about the types of corruption that affect the delivery of pathology and laboratory medicine (PALM) services. This review is a first step at examining corruption risks in PALM. We performed a critical review of medical literature focused on health sector corruption in LMICs. To provide context, we categorized cases of laboratory-related fraud and abuse in the United States. Forms of corruption in LMICs that may affect the provision of PALM services include informal payments, absenteeism, theft and diversion, kickbacks, self-referral, and fraudulent billing. Corruption represents a functional reality in many LMICs and hinders the delivery of services and distribution of resources to which individuals and entities are legally entitled. Further study is needed to estimate the extent of corruption in PALM and develop appropriate anticorruption strategies.