Systemic Corruption Research Articles

Strong presidents and grand corruption scandals in the Philippines

PurposeThis paper provides evidence from the Philippines that strong presidents (termed here as hyper-presidents) have failed to address systemic corruption despite their anti-corruption rhetoric and promises.Design/methodology/approachThe paper uses a case study methodology to review how “strong presidents” have dealt with the problem of corruption in the Philippines and to examine their handling of grand corruption scandals. Data were collected from court decisions, congressional reports, news reports, journal articles, and other academic publications.FindingsThe paper has two major findings. First, none of the strong presidents were able to build the social and political foundations for anti-corruption reform. Second, in dealing with corruption scandals, the strong presidents observed selective persecution and particularistic concealment (cover-ups) instead of allowing the rule of law to prevail. These findings dismiss the idea of the sufficiency of strong presidents, some of whom project the possession of the political will necessary to combat corruption in the country.Originality/valueWhile the need for strong leaders has been emphasized in the anti-corruption literature, this paper argues that such leaders do not necessarily add to the political commitment needed to fight systemic corruption or even lay the political, institutional, and social foundations for reform. Strong presidents in the weak Philippine state are powerless against the institutions and culture that encourage and tolerate grand corruption.

Capturing Calabria? ‘ndrangheta, corruption, and maladministration in local public institutions in Southern Italy

ABSTRACT The ‘ndrangheta is the collective name of mafia-type groups from Calabria, Italy. Some ‘ndrangheta clans’ ability to influence local public institutions has been based on personal connections, systemic corruption, electoral influence, hidden exchanges, blackmailing power, and ‘elitarian handshakes’. Mafias have long-term interests in ‘capturing’ state’s institutions to gain profits, impunity, and generally a dominant position in the resulting balance of power with the ‘legitimate’ state. In this paper, we will highlight the process of state capture at municipal level enabled by ‘ndrangheta clans in Calabria, showing how the clans’ influence-oriented policy formulation, implementation, and enforcement of rules over time.

COMBATING ORGANIZED CRIME IN UKRAINE: CURRENT PROBLEMS AND POSSIBLE SOLUTIONS

This article presents the findings of a state-of-the-art analysis of Ukrainian legislation in the field of combating organized crime. The authors focus on specific features of meeting Ukraine’s obligations under the United Nations Convention against Transnational Organized Crime, as well as implementing the provisions of the National Security Strategy of Ukraine (2020), the Strategy of Safeguarding State Security (2022) and the Strategy for Combating Organized Crime (2020). The special services of some foreign states continue intelligence and subversive activities against Ukraine, try to feed separatist sentiments, and use organized criminal groups and corrupt officials to strengthen their influence. In this context, the authors emphasize the need to safeguard state security by intensifying the fight against terrorism and organized crime, and counteracting the erosion of the state apparatus and local self-government bodies, which occurs due to the spread of systemic corruption in state bodies. The authors conclude that Ukraine lacks a systematic approach to combating organized crime, which is manifested through an inadequate level of interaction among law enforcement agencies in the relevant fields, an outdated and unbalanced regulatory framework for combating organized crime, an imperfect procedure for monitoring the criminogenic situation, a lack of a consolidated objective methodology for assessing threats from organized crime, and a reliance on obsolete forms and methods of combat. These factors aggravate problems related to organized crime and the low level of effectiveness of the fight against it. There is a need to consider the establishment of special bodies combating organized crime and the division of the fight against organized crime into strategic and tactical levels. The authors propose to entrust the fight against organized crime at the strategic level to a special-purpose state body with law enforcement functions.

Judicial Populism and Corruption Prosecutions in the Mani Pulite Operation

Abstract I provide a new analytical framework to understand the effectiveness of corruption prosecutions in the so-called Mani Pulite (Clean Hands) operation by showing how this operation was rooted in a populist interpretation of criminal rules and criminal procedure. The Clean Hands operation represented a successful breakthrough against the vast and complex corruption system that had sustained Italian politics for decades. I show that prosecutors in the Clean Hands operation interpreted legal rules through the lens of a deep-seated hostility between a vague conglomerate of “corrupt elites” and “virtuous citizens.” This populist interpretation of criminal and procedural rules introduced significant legal innovations that empowered judicial actors against systemic corruption by creating unprecedented incentives for defendants to cooperate with legal authorities. Consequently, the judicial professionals leading the Clean Hands operation also felt the need to shield themselves against retaliation for the use of these novel approaches to corruption prosecution by bringing their fight before the court of public opinion. To this end, the Clean Hands prosecutors made use of targeted media interventions to rally public support around their investigation and protect their work from political interference.

The Alarming Exodus of Nigerian Professionals: The Devastating Consequences of Human Capital Flight and Migration on Nigeria's Economic Development

Purpose: This study rigorously investigates the phenomenon of human capital flight and migration in Nigeria, emphasizing the alarming exodus of skilled professionals and its profound implications for the nation's economic development. By contextualizing brain drain within the broader landscape of labour mobility, this work seeks to elucidate the factors driving the migration of educated individuals, particularly in critical sectors such as healthcare, education, and technology. Materials and Methods: Utilizing a mixed-methods approach, this research synthesizes qualitative data from academic literature, policy documents, and empirical studies, alongside quantitative analysis drawn from migration statistics and socioeconomic metrics. This robust methodological framework supports a comprehensive exploration of the interplay between migration, brain drain, and national development, facilitating a deeper understanding of the ramifications of skilled labour loss. Findings: The findings indicate that Nigeria's alarming exodus of professionals is intricately linked to a confluence of factors, including systemic corruption, deteriorating infrastructure, and limited employment prospects. This human capital flight significantly undermines the quality and accessibility of essential services in critical sectors, leading to substantial socio-economic disparities. Consequently, the loss of skilled labour constrains Nigeria's competitive edge and stunts its economic resilience and growth potential. Implications to Theory, Practice and Policy: This inquiry extends beyond descriptive analysis to propose a nuanced framework for understanding the theoretical implications of human capital flight and migration in developing economies. It underscores the urgent need for policymakers to undertake comprehensive strategies that address the root causes of this phenomenon, fostering a conducive environment that retains talent while enhancing human capital investment and innovation capacity.

Overview of Governance and Rampant Corruption in Land Administration in Bangladesh

This study focuses on the governance and corruption in the land management system of Bangladesh and the effect of these factors on the tenure security of land and the country’s economic growth. This study used a quantitative research design. The research outcomes show that corruption is systematic in all levels of land management, thus eroding the security of tenure, and worsening social inequalities. The new governance reforms have also been implemented to curb corruption; however, these changes’ impact has been rather poor. In light of the findings of the study, there is a well-established need for systematic reform to improve the situation in Bangladesh through digitization of land records, better transparency, and higher accountability in the land administration sector. The investigation presented in this research adds to the discussion of governance and development and offers practical policy suggestions that relate to fighting corruption and enhancing the efficient utilization of Bangladeshi land.

Procurement Ethics and Corruption: An Examination of Italy and Zimbabwe

Purpose: The aim of the study was to analyze the procurement ethics and corruption: an examination of Italy and Zimbabwe. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study on procurement ethics and corruption in Italy and Zimbabwe reveals significant contrasts between the two countries. In Italy, procurement processes are more structured, with stringent regulations aimed at curbing corruption, yet challenges persist, particularly in the enforcement of these regulations. In contrast, Zimbabwe faces more profound issues with systemic corruption deeply embedded in its procurement practices, exacerbated by weaker institutional frameworks and lack of transparency. Unique Contribution to Theory, Practice and Policy: Principal-agent theory, institutional theory & ethical decision-making theory may be used to anchor future studies on analyze the procurement ethics and corruption: an examination of Italy and Zimbabwe. Organizations in both Italy and Zimbabwe should implement robust ethical training programs for procurement officials to promote integrity and accountability. Policymakers in Italy and Zimbabwe should collaborate to develop comprehensive anti-corruption frameworks that address the unique challenges faced in each country’s procurement landscape.

Case method in the aspect of forming the values of future lawyers

In the context of the ongoing Russian-Ukrainian war, the Ukrainian education sector is facing new challenges, including, in particular, the revision of training for specialists in strategic areas, including lawyers. A developed nationally conscious civil society with strong democratic beliefs and rejection of corruption, which puts the interests of the state at the forefront, is the ideal that today's generation of higher education students should embody. With this in mind, educational practices should be revised, primarily in terms of forming a system of values, as well as maximizing the actualization of learning. We consider the case method to be one of the effective tools that meets these important tasks. The purpose of the study is to comprehend the experience of using the case method with a view to forming the values of future lawyers and is realized through such tasks as studying the educational practices of using the case method, considering examples of the use of the case method in teaching future lawyers, and finding out the impact of the case method on the formation of the values of respect for the law and the inadmissibility of corruption in future lawyers. The examples of case studies, discussed in the article, are devoted to a specific topic – exposing cases of corruption in the higher education system of Ukraine. The author formulates the requirements for the content of cases and the sequence of work with them, which provides for a gradual increase in the degree of independence of students. It is proved that the case method contributes to the formation of such important values for future lawyers as respect for the law and the inadmissibility of corruption. The development of a mature civil society in post-war Ukraine, to which today's students will be involved, depends on the formation of these values. Prospects for further research are seen in the study of the use of the case method to analyze situations related to academic dishonesty

Advancements and Best Practices in Hard Disk Drives (HDDs) Repair: A Comprehensive Review of Diagnostic Techniques, Repair Methods, and Preventive Strategies

Hard Disk Drives (HDDs) remain a crucial component of data storage systems despite the advent of Solid State Drives (SSDs). However, the mechanical and electronic nature of HDDs makes them susceptible to various failures over time. This article provides a comprehensive examination of HDD repair, focusing on the anatomy and function of these devices, common causes of failure, diagnostic techniques, and effective repair methods. Mechanical failures, such as head crashes and spindle motor issues, electronic failures like PCB damage, and logical failures including file system corruption and bad sectors are explored in detail. Diagnostic approaches utilizing visual inspection, diagnostic software tools, hardware-based diagnostics, and SMART monitoring are discussed to aid in identifying issues accurately. Repair methods covered include data recovery techniques, mechanical repairs, electronic component replacement, and firmware fixes. Real-world case studies illustrate practical challenges and solutions in HDD repair, highlighting the complexities involved. Additionally, best practices and safety measures for handling and maintaining HDDs are provided to prevent future failures and ensure data integrity. This article aims to equip data recovery professionals, IT technicians, and tech enthusiasts with the knowledge and skills necessary to diagnose and repair HDD issues effectively. By integrating technical insights and practical approaches, it serves as a valuable resource for enhancing the reliability and longevity of HDDs in various applications.

Mining corruption, environmental damage, and the increasing unauthorized properties of state officials

Indonesia is blessed with natural resources in the form of minerals and coal. Their use must be directed towards the greatest welfare and prosperity of the people based on the 1945 Constitution. However, what is currently happening is the opposite. the Attorney General revealed case of alleged corruption in the trading system of tin commodities in the Bangka Belitung region. The suspects include businessmen, directors, crazy rich Indonesians, and artists who are now increasingly attracting public attention. The total state losses were equivalent to $16,667 billion USD. This research used a sociological legal research model. The research object was the legal behavior in the reality of society. It was found that to formulate appropriate law enforcement for mining corruption, Friedman’s legal system theory approach was used. This theory includes legal structures, with good synergy from each law enforcement institution. Concerning the legal substance, apart from using the Corruption Crime Law, perpetrators also need to be impoverished by regulating the crime of money laundering. In terms of legal culture, state officials should uphold ethics and integrity to achieve good governance. Meanwhile, restoration of environmental damage resulting from mining activities can begin with future environmental policies that are directed towards ensuring the safety and health of the human life as well as controlling the wise use of natural resources. The integration of environmental law and Islam can be carried out using a prophetic ethical approach. The prophetic paradigm interprets nature as something sacred as humans only borrow it and manage.

Historical origins of corruption in the Romanian public health system - path dependency and contagion effect

BackgroundIn this paper, we estimate the long-lasting influence of the former Habsburg Empire's border on the territory of Romania, specifically on the prevalence of corrupt behaviour and practices in health services.MethodsEmploying microdata from the 2016 Life in Transition Survey and applying ordered probit regression, we explore the hypothesis that the geographical proximity of respondents' residences to the former imperial border—restricting the analysis within a bandwidth of 50 km, 75 km or even 100 km on either side – significantly influences current individual tendencies towards corrupt behaviour.ResultsThe results indicate that individuals in Transylvania living in the immediate vicinity of the former border of the Habsburg Empire (no more than 75 km away) show a higher propensity towards corrupt behaviours, similar to those from Moldova and Wallachia who reside in the same bandwidth but to the east of the former historical border. Interestingly, on one hand, after a series of tests with various relevant factors, the contagion effect is observed from right to left, meaning from those in Moldova and Wallachia towards those in Transylvania, and not the other way around as might be expected based on other previous studies. On the other hand, individuals living more than 75 kms west of the former historical border show clear reluctance to engage in informal payments and gift-giving when interacting with the public health system as patients.ConclusionBy rigorously controlling for various variables that comprehensively show different legacies of the communist regime, our results confirm the persistence of these influences across different bandwidths, thereby corroborating the hypothesis of path dependence influenced by the former Habsburg Empire.

The Potential of Spatial Planning as a Tool for Cities' Pursuit of Sustainable Development Goal 11 in Zimbabwe

This article analyses the extent to which the applicable legal and policy frameworks in Zimbabwe enable cities to use spatial planning to pursue the vision encapsulated in SDG 11. This article argues that although the existing legal framework makes adequate provision for features that can hypothetically guide cities to use spatial planning to pursue the vision envisaged in SDG 11, their potential is constrained by diverse factors such as lack of effective public participation in local governance, the inability of local authorities to generate sufficient revenue, systemic corruption in spatial planning processes, and under-utilisation of a flexible and accommodating legal framework. The research is based on an integrated analysis of primary and secondary sources of law.

From market concentration to political corruption [Book review

First paragraph: The government and the press in the United States tend to define corruption narrowly as the misbehavior of individual politicians. They turn a blind eye to systematic corruption such as, for example, the wealthiest people and corporations using campaign contributions to buy political influence. A politician who takes a cash bribe in exchange for a political favor might be deemed corrupt. In contrast, a politician who derails a piece of legislation after receiving a large campaign con­tribution is operating within the limits of the U.S. campaign laws and is, therefore, not deemed corrupt. . . .

Taking refuge in melancholy amidst natural landscapes: Zhang Dai’s idle life in the Ming-Qing transition

During the middle to late periods of the Ming Dynasty, the commercial economy experienced striking development, yet political corruption and congestion of the imperial civil service examination system deprived many scholars of a pathway for elevation. Many people therefore opened up new avenues, preparing for the examinations while simultaneously exploring different ways of life, expanding new fields of activity so as to realize value in life. Zhang Dai 張岱, who originated from a great clan in Shaoxing, was one such person. Whilst reading, assembling scholars, critiquing theater, and engaging in other activities, he gradually created considerable renown and achievements for himself. In reviewing Zhang Dai’s life, his inability to enact change in the face of the incoherent society of the late Ming Dynasty was the first great tragedy of his life. He endured by leading a life of pleasure, realizing his ambition of accomplishing great things in a roundabout fashion. After the fall of the Ming Dynasty, he experienced the second tragedy in his life, which caused him to nostalgically ponder the events of the past and, in his extreme grief, he resorted to the writing brush to express his thoughts and emotions, including writing history to pass on what was left of his life. Throughout his life, Zhang Dai produced many written works, perennially relying upon his writing to make a living, and leisure, extravagance, comfort, sorrow, lamentations and grief for the world all became subjects of his writing, ultimately allowing him to find a different path in life and achieve longevity in academic and cultural history.

THE FIGHT AGAINST CORRUPTION IN HIGHER EDUCATION AS A DIRECTION OF ANTI-CRIMINAL POLICY: THE EXPERIENCE OF SOCIOLOGICAL RESEARCH

In the structure of the anti-criminal policy being developed, the direction of overcoming corruption in the higher education system is considered. The empirical basis of anti-corruption prevention is investigated, its principles are formulated. The anonymous questionnaire method was used to obtain empirical data on corruption in educational institutions. A survey of 416 students of Russian universities was conducted. The questionnaire questions reflect the respondents’ opinion on the causes, conditions and forms of corruption, as well as on the effectiveness of anti-corruption measures applied. The results show that students associate corruption with giving bribes (in monetary or material form) to a teacher. The motives of students’ participation in corrupt relations are manifested in the desire to obtain a diploma of education without making efforts to master the educational material. A significant part of the respondents recognizes the initiative of students in establishing corrupt relations with the teacher. Many respondents justify the permissibility of illegally acquiring a final qualifying work. Students are not sufficiently informed about the content of anti-corruption programs operating at the university. A significant part of the students are indifferent to the manifestations of corruption. During the survey, students expressed idealistic views on anti-corruption issues. Many respondents do not associate anti-corruption prevention at the university with the system of anti-criminal policy of the state, do not associate the rejection of corruption with the system of traditional moral values. The results obtained in this work form the basis for anti-corruption prevention in the higher education system.

Vicarious Responsibility Theory on the Corruption Case by PT Timah Tbk

The alleged corruption case of tin commodity trading system in the PT Timah Tbk Mining Business License (IUP) area for the 2015-2022 period has caused state losses of hundreds of trillions of rupiah. This article examines the applicability of vicarious responsibility theory or substitute responsibility theory to the case of corruption in the tin commodity trading system in the PT Timah Tbk Mining Business License (IUP) area. This research aims to look at all aspects of corporate liability theory, one of which is vicarious responsibility theory. Related to the corruption case of PT Timah Tbk, vicarious responsibility theory does not apply, because the perpetrator is a superior, so it is not possible for his subordinates or other people to take responsibility for his actions

Административно-правовой механизм предупреждения коррупционных рисков государственных служащих

The article deals with the issues of preventing corruption in the public service system. The analysis of anti-corruption methods is carried out. Reasonable proposals are made to improve the Russian anti-corruption policy.

The Hermeneutic View of Transparency Against Major Bottlenecks of Corruption in Iran's Legal System

The Hermeneutic View of Transparency Against Major Bottlenecks of Corruption in Iran's Legal System

THE RIGHT TO A JUST REMEDY IN PRIVATE LAW—A RIGHT AND A HUMAN INSTINCT:AN ANALYSIS OF HOW GREED AND LAWLESSNESS REMOVES CONFIDENCE

This article explores the fundamental concept of justice and the right to a remedy in private law. Specifically, the question of whether the belief that justice will prevail is a spoiled concept to have, and only shared by populaces in places without corruption, rule of law issues, etc. The paper delves into the historical and global recognition of the rights of obligees, and scrutinizes the diminishing trust and conviction in justice, especially in jurisdictions plagued by corruption and weak rule of law. Bribery and corruption in judicial systems undermine access to remedies, particularly for the poor, and contribute to the erosion of faith in the judiciary. The analysis extends to non-state judiciaries, exploring the role of tribal courts in addressing private law matters in regions with challenges in formal legal systems. Ultimately, the paper contends that the instinct for justice is a timeless and universal human trait, inherent in the evolution of legal systems. While corruption and external influences can erode confidence, the desire for a just remedy remains engrained. Keywords: justice, corruption, judicial corruption, instinctive access to justice, sociology of remedies and their opinions, comparative legal systems

Mathematic modeling of risks as a way for determining corruption in the acquisition system

Relevance. The research is relevant due to the potential of mathematical risk modeling in diagnosing corruption within the acquisition system. This approach is highly effective in identifying the causes and conditions of corruption, offering significant prospects for improving anti-corruption measures. Purpose. The study aims to comprehensively analyse both the normative and theoretical foundations of mathematical risk modeling in the acquisition system. The goal is to develop doctrinal proposals to enhance the current state of mathematical modeling in this context. Methodology. The authors used analysis, synthesis, formal-logical methods, system-structural methods, and mathematical modeling to examine Kazakhstan's anti-corruption regulations and establish legal grounds for diagnosing corruption risks. Results. The research presented an evidence-based proposal for the gradual implementation of mathematical modeling provisions in diagnosing corruption risks within the acquisition system, structured in two stages. It offered a critical analysis of theoretical developments on the subject, explored the functions of mathematical modeling in jurisprudence, and discussed their concepts and types. The study also developed a mathematical formula for calculating corruption risks and described its components. Conclusions. The study's findings include recommendations for developing mathematical formulas to diagnose corruption risks in the procurement system, highlighting the practical significance of the work. These recommendations provide valuable insights for improving anti-corruption measures through the application of mathematical risk modeling. Keywords: strategy; Kazakhstan Republic Law; cause and conditions of the crime; scientific program