Systemic Corruption Research Articles

Corruption and the criminal law: Assurance and deterrence

In this article, I consider the degree to which criminal justice interventions may be expected to ameliorate systemic corruption. I distinguish between two ideal types of corrupt actors – conditional cooperators and autonomous defectors – and argue that the prospects of reform through criminal justice are greatly affected by the relative preponderance of each type. When conditional cooperators predominate, the criminal law serves primarily to provide assurance that a perceived social norm is effective, in that the norm is both widely adhered to, and adhered to because people endorse the propriety of that norm. When autonomous defectors predominate, the criminal law serves primarily to deter would-be cheaters by attaching costs, at least in expectation, to cheating. Because patterns of compliance based upon a social norm tend to be self-reinforcing, unlike patterns of compliance motivated by fear of sanction, I argue that the prospects of sustainable reform through criminal justice interventions is likely to depend to a substantial degree upon convincing people to trust social norms rather than rely upon their private judgments of what is in their interest – that is, to become conditional cooperators.

COLABORAÇÃO PREMIADA E SUA APLICABILIDADE NO ORDENAMENTO JURÍDICO BRASILEIRO COM O ADVENTO DA LEI 12.850/2013 LEI DO COMBATE AO CRIME ORGANIZADO

The Awarded Collaboration is part of a new phase of procedural development in the criminal legal scenario, which has brought benefits in the fight against organized crime and systemic corruption implanted in the country, for decades. This article aims to analyze in the scope, the winning collaboration and its applicability in the Brazilian legal system with the advent of Law 12.850 / 2013 (Law to Combat Organized Crime). This research is scientific and will be of a qualitative approach aiming to generate knowledge for the elaboration of the monographic text as a course conclusion work, through the deductive approach method, it corresponds to the discursive extraction of knowledge from general premises applicable to concrete hypotheses, once that the researcher will establish relations from the general to the particular, based on logical reasoning, arrive at the truth of what he proposes. Anyway, what we have with the awarded plea bargain (awarded collaboration) in the form of Law 12.850 / 2013, is a very powerful and efficient instrument to fight organized crime, be it low-caste organized crime to high-caste organized crime, and mainly organized crime cast in the walls of the National Congress and the Planalto Palace, as seen with the results of the “lava jet” task force.

How Do Local Subjectivities Interfere with the Domestic Enforcement of International Laws on Corruption in Selected Regions of Tanzania?

Abstract Although Tanzania has ratified several international laws on corruption, the domestic enforcement of such laws remains problematic. Some social structures that sustain corruption in the country continue to exist. The article is informed by the theory of constructivism of international law. Some insights from cultural relativity theory, clashing moral values theory of corruption, Critical Theorist paradigm, and anti-colonial discursive framework have also been useful in informing the article. Using ethnographic longitudinal case study methodology, this article explores local subjectivities that interfere with the domestic enforcement of International laws on corruption in selected regions of Tanzania. The study has also attempted to answer the following question: can international law on corruption influence the local context and actors in an attempt to eliminate corruption in Tanzania? The key finding is that the presence of systemic corruption and local subjectivity hinders the fight against corruption. In turn, the situation hinders the domestic enforcement of international law. The study also highlights that the fifth phase government adopted an anti-corrupt cultural approach to address corruption in Tanzania. The cultural approach enabled Tanzania to attain significant achievements in the fight against corruption. In this regard, the study recommends a cultural approach to the elimination of corruption. The focus should be on creating an anti-corruption culture through good governance and democratization. The paper adds to the scholarship on cultural studies, development studies, human rights, African studies, governance, international law, and international relations.

Constitutional framework for the development of self-regulatory organizations as a way of protection against corruption

The article reveals the reasons for the occurrence of various types of corruption and the classification of anti-corruption measures. The object of research is a complex of legal and non-legal relations that arise at the initial stages of the appearance of various forms and varieties of corruption. The purpose of this paper is to study the external and internal factors of the emergence of systemic corruption and to develop proactive methods for its weakening and disappearance at all levels of government and self-government. Ways are proposed to weaken corruption by developing self-regulatory organizations of entrepreneurs and delegating them to certain state functions. The relevance of the topic is due to the fact that corruption is a universal property of any state, a property that, potentially, under certain conditions of social life, can lead to the emergence of problems that call into question the very existence of the state. The author also believes that it is necessary to take concrete practical measures in the direction of changing imperfect legal norms in the form of stricter control over departmental regulation and conducting permanent expertise of “anti-corruption”legislation.

Структурные взаимосвязи коррупции и отраслевой системы страны, влияние на ее функционирование

In this article, the author has formulated a conceptual model of the relationship between corruption and factors of the state system, put forward conceptual paradigms for the purposes of statistical assessment of corruption-related crimes in the context of the country's economy.

An anti-corruption value of administrative and legal restrictions of joint work of near persons in justice system

The article focuses on the formulation of an urgent comprehensive scientific thought on the anti-corruption value of the administrative and legal restriction of the closely affiliated persons’ collaboration in the justice system of Ukraine. It is a justified restriction of the citizens’ rights to access professional public service in the justice system, provided by national administrative legislation, to continue public service and to exercise a career in this system, by preventing the conclusion of a service contract, blocking the promotion of persons, if this predetermines about direct subordination to a closely affiliated person; termination of official legal relations with persons who are in a relationship of direct subordination to a closely affiliated person. It is noted that the general anti-corruption essence of the restriction under consideration is manifested in the fact that this restriction appears as a «personnel barrier» for increasing corruption risks in the justice system due to the implementation of personnel policy, as well as a “personnel instrument” for correcting situations when a violation of the corresponding restrictions takes place. Considering the concept and essence of limiting the collaboration of closely affiliated persons in the justice system, the author proves that the anti-corruption value of such a limitation is that it: while restricting the joint work of closely affiliated persons in the justice system, makes it impossible for nepotism as a separate manifestation of corruption to arise in this system; is a real barrier that reduces the dynamics of the spread of corruption and limits its scale (primarily, in the form of nepotism) in the system of public administration subjects in Ukraine in general and in the justice system in particular; contributes to increasing the authority of judges, professional public service in general and the level of respect and trust of society in the judiciary, the state, as well as reducing legal nihilism in society; maximizes positive incentives for lawful behavior of citizens in general and professional public servants in the justice system, in particular; is the actual result of a public demand for a decrease in the level of tolerance to corruption in the public administration system in general and in justice system, in particular. In the conclusions to the article, it is noted that non-compliance with the administrative and legal restrictions on the collaboration of closely affiliated persons in the justice system creates a situation in which the public service bodies in this system are filled with close persons, who may enter into a corruption conspiracy to use the common good and public interest in their own (personal) interests, which is unacceptable because it distorts the purpose of the existence of the state in general and the judicial power, in particular. Keywords: administrative and legal restrictions, anti-corruption value, corruption in the justice system, joint work of closely affiliated persons, justice system, personnel barrier, personnel tool.

Individual Responsibility under Systemic Corruption: A Coercion-Based View

AbstractShould officeholders be held individually responsible for submitting to systemically corrupt institutional practices? We draw a structural analogy between individual action under coercive threat and individual participation in systemic corruption, and we argue that officeholders who submit to corrupt institutional practices are not excused by the existence of a systemic coercive threat. Even when they have good personal reasons to accept the threat, they remain individually morally assessable and, in the circumstances, they are also individually blameworthy for actions performed in their institutional capacity.

Transnational Organised Crimes: An Assessment of Human Trafficking and the Challenges Militating against a Total Elimination in Nigeria

Transnational crimes have remained one of the menaces that has continued to threaten global security, peace, and tranquillity, hence requiring a multilateral and multilevel approach in effectively curtailing them. One among these transnational crimes is human trafficking, which has been estimated to be generating $150.3 billion annually (IMF, 2018), with the Asia-Pacific region ranked as the most lucrative .It is against this background that this paper examines the crime of human trafficking in Nigeria, tracing the evolution of human trafficking in general, the efforts at tackling the crime in Nigeria, as well as some of the challenges hampering the total elimination of the crime in Nigeria. Using secondary sources of data for analysis, the paper identified some of themajor drivers of the crime in Nigeria to include but not limited to, poverty and underdevelopment, weak laws and inadequate enforcement, systematic corruption, stigmatization, sophistication and financial war chest of cartels, influence of the social media, traditional and cultural practices, among others. To mitigate the crime of human trafficking in Nigeria, the paper proffers: the addressing of social in equality, creation of more employment opportunities, awareness campaigns at all levels, and the use of ―triangulated nexus of human-trafficking enforcement‖ among countries, among others.

Conflicts of interest: an invisible force shaping health systems and policies

Conflicts of interest: an invisible force shaping health systems and policies

Combating corruption in the public sector: international legal standards and their implementation in the legislation of Ukraine

Nowadays, one of the reasons for the ineffective fight against corruption in the budget system is certain discrepancies and inconsistencies between the legal components of the mechanism for countering this anti-social phenomenon. The lack of a clear definition of the limits of competence of participants in the budget process, discretionary powers in the distribution and expenditure of budget funds, conflicts in budget legislation, and the lack of real competition in the field of public procurement clearly form the main corruption risks for all participants in these legal relations. The purpose of the study was to analyse the international legal mechanisms for combating corruption and find ways to implement them in Ukrainian legislation. The development of the national anti-corruption policy of Ukraine in the public sector as a subject of international anti-corruption law is determined by a number of the following national and external factors: 1) Ukraine's accession to the universal and regional conventions on combating corruption, compliance with which constitutes the main prerequisite for Ukraine's entry into the global space; 2) Ukraine's implementation in national legislation of anti-corruption international standards developed by international intergovernmental and non-governmental organisations; 3) adaptation of national legislation to European standards within the framework of the signed association agreement between Ukraine and the EU of 2014; 4) cooperation of Ukraine with international organisations, within which the international anti-corruption policy is developed and formed; 5) activities in the field of combating corruption of international non-governmental organisations, among which Transparency International constitutes an important element of the legal mechanism of the international anti-corruption legal order; 6) Ukraine’s international anti-corruption obligations to international financial institutions; 7) Ukraine's participation in international conferences and summits on anti-corruption issues; 8) Ukraine's cooperation with other states in providing relevant bodies of foreign states and receiving information on preventing and combating corruption; 9) national historical and political factors.

Trust‐based corruption networks: A comparative analysis of two municipal governments

AbstractThis article explores the role of trust in corrupt networks and networks that facilitate corruption. Specifically, we ask what is the role of particularized trust in the operation of systemic corruption? How is the basis of trust reflected in the logic of corruption and with which effects? Based on the analysis of 50 in‐depth interviews in two Mexican cities, we analyze two types of particularized trust that bind actors in informal networks: trust based on political affiliation and/or personal relationships and trust derived from complicity, or the co‐participation in illicit activities. Analysis suggests that the basis of trust and the dynamics that arise thereof have different effects on the functioning and stability of the informal networks and that these, in turn, reflect the informal governance systems in place. This article provides further empirical evidence to the central role that particularized trust plays in contexts of systemic corruption, highlighting the importance of understanding these dynamics for the design of anti‐corruption efforts.

The Trilogy of values Doer and Its Impact in Reinforcement of the Environmental Security

According to what environment witnesses of systematic corruption, intended destruction, and underestimation of life's fundamentals and human existence elements, there is a critical necessity to reconsidering value system that represents the building bas, corner stone, and a safety valve in the history of rising nations in addition to the other legal, social, economical approaches aiming keeping the environment and estimating its resources, and protecting its elements. If these elements utilized in an integrated context and team effort, they will be a protecting factor and a bridge for environmental security, human progress, and health safety. This research divided – according to this introduction – into two sections: the first of them investigated the value concept, its language origin, and its generated meanings that enable of understanding the dimensions of this concept, aims, and functions. The second section displayed the organizing values of the environmental human behavior. The conclusion included the research results, recommendations, and suggestions.

Lessons from Operation Car Wash

This paper examines the question of how a nation can combat corruption and collusion and prevent these practices from plaguing and undermining public procurement processes. This matter is especially important to Brazil where Operation Car Wash (Operacao Lava Jato) exposed widespread corruption and collusion affecting public procurement. Although focusing on Brazil, this paper reflects an academic and policy debate as to how a nation can escape from a “high-corruption” equilibrium, especially one strengthened by its interaction with supplier collusion. In particular, whether endemic corruption can be combatted through an invigorated law enforcement push accompanied by strategies of incremental change, or whether some “big bang” approach, with complete institutional overhaul, is required to establish a new equilibrium. The paper notes that the Brazilian experience provides support for the hypothesis that where corruption is endemic, better laws, and law enforcement, may be insufficient on their own to break a cycle and to remove the incentives and opportunities for corruption and collusion that exist. It also recognises, however, that, for many jurisdictions, wholesale big bang reform is unlikely to be feasible. It thus proposes a multipronged, and self-reinforcing, set of reforms to trigger change, concentrated on weaknesses diagnosed in the system. In particular, it suggests that where corruption affects public procurement, beyond specific adjustments to procurement, competition and anti-corruption laws, procurers, anti-corruption and competition enforcement agencies need to work closely together to coordinate policies and achieve synergies, and to combat incentives and opportunities for corruption and collusion within procurement processes. Such reforms must be combined with measures to tackle broader factors contributing to systemic corruption. Although inspired by the Brazilian case study, the diagnosis and proposed reform strategy provides a workable model for use in other jurisdictions.

An Anatomy of Satirical Cartoons in Contemporary Vietnam: Political Communication and Representations of Systemic Corruption in a One-party State

ABSTRACT Satirical cartooning in Vietnam is subject to a complex dynamic: an increasingly liberalised and internationalised economy, and the rise of social media in a one-party state. This article examines what state-sanctioned satirical cartoons can reveal about the representation and management of political criticism in such a context. We find a growing trend of depicting corruption as a systemic problem, which is present in 45 per cent of the sample and in 70 per cent of the 20 most-viral cartoons in one of Vietnam’s most popular magazines, Tuoi Tre Cuoi (Youth Humour). This trend can be interpreted as a change in the sensibility of audiences and a shift toward a more tolerant media landscape. The trend, however, may also be a worrying sign of the dual dangers of cynicism in Vietnamese politics: the development of apathy among audiences and the cynical use of art by authorities. Despite these concerns, we argue, political cartoons in Vietnam provide an important public avenue for collective political reflection and everyday social solidarity.

Influence Factors in the Effectiveness of National Defense Anti-Corruption Governance

Armed forces are currently in the environment with moral ambiguity and multiple cultures. In face of the chaos, corruption, and wasteful trend in current social value system, continuous conflict is bothering the cultivation and atmosphere of military character. Under the situation, officers and soldiers could easily fall into bad belief and become indifferent to surrounding affairs with apathy. Various military discipline events appear in domestic armed forces in past years; besides, the exaggeration and report of print media and electronic media, and even some officers and soldiers spilling, smearing, and slandering each other to defile others’ innocence destroy the image of armed forces. Military character presents close relations with integrity building action. Aiming at military personnel in Ministry of National Defense, total 420 copies of questionnaire are distributed, and 347 valid copies are retrieved, with the retrieval rate 83%. The research results are summarized as below. Factors in the effectiveness of armed forces personnel’s anti-corruption governance contain micro aspects of lack of legal and disciplinary ideas and value deviation of armed forces personnel as well as macro aspect of complicated approval operation and rules resulting in lobbying interfering businesses. The effectiveness of armed forces personnel’s anti-corruption governance not being affirmed by the society is related to the engagement of supervisors at all levels in anti-corruption work, as armed forces personnel are restricted to the political environment and aging senior customs personnel that the director’s engagement in anti-corruption work is not manifested. Armed forces personnel involving in internal anti-corruption problems are minimized to largely reduce the effectiveness of anti-corruption governance. According to the results, suggestions are proposed, expecting to improve problems resulted from military discipline and to promote the armed forces’ image of integrity, being close to the people, and loving the people.

Analysing the Impact of Good Governance on Socio-Economic Development: A Case Study of Pakistan

The concept of “good governance” has emerged as vital driving force in the past few decades to positively shape economic growth and sustainable socio-economic development across the globe in general and developing countries in particular. However, Pakistan’s turbulent political landscape and deeply entrenched systemic corruption in the recent decades have utterly harmed the good governance at large, resulting in socio-economic developmental woes and increased sufferings of the people. This paper focuses on analysing the influences of good governance on the socio-economic development in Pakistan in the light of World Bank good governance indicator and also probe the impact of prevalent perceived corruption in the country in accordance with observation taken by Transparency International, UNDP, and other renowned State Institutions. The paper has emphasized on the last two decades to ascertain the contributory factors by using the appropriate qualitative / quantitative and statistical techniques that debilitated good governance in Pakistan and caused continual political instability, pessimism, and recurring political crises and undermined socio-economic development in the country. Based on the ascertained findings, the paper has identified impediments to existing governance situation and prevalence of corrupt practices and has proposed workable suggestions/ recommendations to assist policy makers, development planners, intellectuals, politicians, and succeeding governments in Pakistan to take corresponding structural or policy reforms to address the said hurdles.

Corruption and Political Mobilization: Evidence from a Natural Experiment

How do voters react to news of political corruption? Information about corruption may mobilize citizens to demand political and institutional reform, but existing empirical evidence is mixed. We argue that the effects of information about corruption on citizen attitudes and voting behavior is moderated by political efficacy (perceived influence of activism on political outcomes), which varies considerably across and within emerging democracies. To test the argument, we draw on survey data from Afghanistan collected during the 2010 Kabul Bank crisis, which revealed corruption in the formal banking system. The unanticipated scandal unfolded midway through the collection of the survey, allowing us to adopt a novel quasi-experimental approach. The scandal led to an increase in perceived corruption in government and heterogeneous effects on voting via a political efficacy mechanism. Our argument and results clarify an important puzzle in the cross national literature on corruption and voter mobilization.

TARĖJŲ INSTITUTO LIETUVOS RESPUBLIKOS TEISMŲ SISTEMOJE MODELIO PAIEŠKOS TEORINIAI ASPEKTAI

Government organization and activities in a democratic state must be based on the principle of separation of powers. The essence of this principle is to ensure individual rights and freedoms and to help the society prevent government arbitrariness. Each power is implemented through its institutions: Parliament, representing the Nation, legislate the laws and perform other functions provided in the Constitution, the Government implement the laws legislated by Parliament and courts execute justice. If the state does not ensure the implementation of justice, all the talk of democracy, the rule of law, civil society, human rights and freedoms are declarative. Only being independent and autonomous judicial authorities can properly fulfill their function – to execute justice, to ensure implementation of law, expressed in the Constitution, laws and other legal norms, to guarantee the rule of law, to protect human rights and freedoms. Inevitably, the question must be raised whether the courts executing justice ensure these constitutional principles good enough and whether the citizen applying to the court to protect his violated rights can be sure that the court will resolve the dispute impartially and restore his violated rights. Authors of the article examine such an important topic as confidence in the courts, discuss the possible ways and means to achieve that the state government would be more trusted. In the article authors raise a question whether it would be effective to establish associate judges’ institute in Lithuania. The authors conclude that Lithuania is one of the few democratic countries having no jury or associate judges institution and that its establishment would help reduce corruption in the legal system. Also it would be a step to increase public confidence in the judiciary. The main conclusion is that discussions about moderate model of associate judges’ institution shall be encouraged. The authors believe that such a concept model would not form intervention in the Constitution of the Republic of Lithuania of 1992 and legal framework, but would complement the practice and the commitment to strengthen the relation between the public authorities and society, which is expressed in the Constitution. The model of such aspiration development really makes sense and would be very necessary.

The uses and misuses of centralised high stakes examinations-Assessment Policy and Practice in Georgia

ABSTRACT Trust in centralised high-stakes exams in Georgia has grown since 2005, when the introduction of nationwide standardised tests for university entry successfully eradicated the deep-rooted corruption in the admissions system. In 2011, another set of high-stakes exams were introduced for school graduation, resulting in a minimum of 12 exams for secondary school graduation and university entry. The examination system reform in 2019 was limited to abolishing the school graduation exams and reducing the number of university admission exams. Fewer exams instigated the fear of decrease in student motivation and the deterioration of learning outcomes among some stakeholders. This article describes how centralised high-stakes assessments have become an integral part of the education system, cites available evidence on their impact, accounts for recent changes, and argues that overreliance on centralised high-stakes exams is due to complex educational, political and social processes that make it difficult to transform the system.

Politics of Energy Sustainability and Adoption of Modern Day Best Practices: Nigeria in View

The study examines the problems of electricity generation; challenges encountered and proffer solutions to the epileptic electricity supply in Nigeria. The study was a descriptive survey. Three research questions and two hypotheses guided the study. The population comprised 1870 EEDC staff. A sample size of 532 was used for the study. Data were collected through questionnaires, key informant interview (KII) and analyzed using thematic analysis, mean and ANOVA. The results showed that systemic corruption, etc. were behind insufficient power generation. The study found out that policies implemented to reform power sector is faced with emerging challenges stretching from inadequate infrastructure, inconsistent government policies and huge metering gap. The study also discovered that the solutions to the erratic power supply lies strongly on the decentralization of power sector, building capacity for local manufacturing and repairs of renewable power systems. The paper recommends that government demonstrate some degree of political willingness by formulating and implementing consistent policies, reforms to attract more local and foreign investors into the power sector.