Implementation Of Anti-corruption Policy Research Articles

General Principles of Anti-Corruption in V4 Visegrad Countries: Experience of Hungary

Corruption in Hungary poses a significant risk to business, especially in the tax administration and public procurement sectors, which suffer from its high level. The public procurement process and the tendering process are insufficiently protected from irregularities at the local level due to strong informal relations between business and representatives of government at the local level. Public opinion polls on general and specific corruption issues show that a third of Hungarians consider corruption and abuse of power to be widespread in Hungary’s public administration system.
 The purpose of this article is to clarify the origins of the formation and to study general experience in implementing activities aimed at preventing and combating corruption in one of the countries of V4 Visegrad Group – Hungary, a neighbor of Ukraine, post-socialist country and member of the European Union since 2004, as well as to analyze its results and the possibility of implementing certain provisions into national legal system.
 The author has clarified the place of Hungary and Ukraine in the world rankings as the result of the study, in particular in the Corruption Perceptions Index. The author has studied the data of sociological research conducted in Hungary to identify the most corrupt areas of public life, to determine the attitude of the population to the level of corruption and willingness to participate in its reduction, as well as to summarize the factors that led to such results.
 The activities of certain Hungarian state organizations that directly or indirectly prevent and combat corruption, including the Ombudsman, the State Audit Office and the National Defense Service of Hungary, have been considered. The legal basis for the implementation of anti-corruption policy from international acts to the National Program for the Prevention of Corruption in Public Administration has been determined.
 The author has made an attempt to summarize the reasons for the decrease in the level of effectiveness of the implementation of the anti-corruption strategy and recommendations aimed at improving its effectiveness.

Організаційно-інституційне забезпечення реалізації державної політики протидії корупції

The problem of corruption in Ukraine is very relevant today and covers all levels of government, despite the steps taken to prevent and counteract it in 2014-2019. In addition, the idea of widespread dissemination in all structures of government and at all levels of government has become entrenched in the minds of citizens. The high level of corruption, recognized both at the expert level and by the government, has led to the fact that this problem has gone beyond Ukraine’s domestic policy. The foreign policy of EU countries does not allow the existence of a country with such a high level of corruption in the center of Europe, which affects the European aspirations of our country, since a corrupt country is not attractive to investment and unreliable as a strategic partner. Anti-corruption policies are shaped and implemented in specific circumstances in a specific institutional environment. Becoming an integral part of economic and social institutions, it influences both the existing institutions and the possible directions and speed of their change. The fight against corruption is a task not only for public authorities and local authorities, but also for civil society institutions. As a result of the research, public experts concluded that effective cooperation of authorities and civil society institutions in the implementation of anti-corruption policy is hindered: the unwillingness of officials to cooperate with the public, their orientation to their own interests by causing losses to public organizations, lack of financial support. the cooperation of officials with the public The factors of successful counteraction to corruption tested by the international community are, first and foremost, a clear regulation of actions and ethical standards of activity of officials of all levels, responsibility for their violation,\ openness of power, transparency and clarity of procedures for making public decisions, effective mechanisms for control over the activity of public bodies, public bodies freedom of speech and media independence.

Modeling the Role of Culture in Policy Transfer: A Dynamic Policy Transfer Model

Anticorruption policy transfer has been discussed for decades, but the influence of culture in target countries has not received comparable attention sufficient to explain the lack of progress in reducing corruption in those countries. The conceptualization of culture so far has provided only a limited tool for developing a dynamic theory of policy transfer. We propose a bottomup model of dynamic policy transfer that takes into account the cultural context in target countries. We first define culture as a set of values that are consistent with each other but that also conflict. We then develop a dynamic policy transfer model that revises the traditional model by considering the proposed concept of culture. Finally, we discuss the practical implications of the model, emphasizing the importance of knowledge of culture at the local level, where a bottom-up implementation of anticorruption policy takes place. We conclude by suggesting strategies for empirical research and specific implications regarding the Korean policy context.

Background for the formation and predictors for the implementation of state anti-corruption policy in Ukraine

Corruption in the public administration of Ukraine, which is a socio-economic phenomenon, is investigated as a plurality of actions of public service officials, which is arising in the process of realization of their authorities and building relationships and connecting with abuse of political or public authority for the sake of personal gain. An analysis of the preconditions for formation and theoretical substantiation of the predictors of the state anti-corruption policy implementation is conducted. Corruption is manifested through such institutional deformations as institutional constraints, legal burdens, distortions of moral and ethical standards of officials, and tolerance of corruption by society.The main preconditions for the formation of anticorruption policy are as follows: the set of external and internal factors of the mechanisms of public and managerial activity, which is burdened by the historical legacy of the administrative-command system of the Soviet era; formation of the outlook of a civil servant, in which the common purpose of occupying a post is a phenomenon like sinecure; a feature of professional state-management activity, which is determined by the state-power authorities of individuals, which are the exclusive privilege and responsibility of officials; the existence of legal preferences that imply inequality of citizens in the access to socially useful benefits that distort understanding of the legal equality of citizens and are the basis of corruption; the presence of effective foreign experience in the implementation of anticorruption policy, based on the cooperation of government institutions with the private sector and the public, is long-term and complex.The main predictors that will become qualitative and quantitative benchmarks for changing the trend in the implementation of anti-corruption policies are reducing the proportion of actions committed to attract corruption leverage, reducing the share of the shadow economy, raising the index of perceived corruption in Ukraine for five years at least to an average of 60-65, the creation of prerequisites for absolute rejection of corruption, complete lack of tolerance to any, even minimal, manifestations of corruption.

ANTICORRUPTION MARKERS IN POLITICAL CONSCIOUSNESS OF UKRAINIANS: SOCIOLOGICAL ANALYSIS

Problem setting. Assessments of perception and attitude towards corruption are the basis of most of the monitoring of anticorruption potential in the world as well as in Ukraine. They are most often the subject of scientific discourse. However, unresolved issues are related not so much to the measurement as to the factors that determine the peculiarities of the perception of corruption.Analysis of actual research. The problem of corruption was widely studied in the works of such prominent Western scholars as G. Broadman, G. Davos, D. Kaufman, P. Mauro, V. Miller, S. Rose-Exerman, V. Dances, E. Tebaldi, J. Helman, M. Horton et al. Among the Russian and Ukrainian researchers, corruption problems should be mentioned by L. Bagryi- Shakhmatov, O. Baranovsky, A. Bovu, Y. Kuzminov, M. Melnyk, T. Koshechkin and others like that. Issues of effective prevention and counteraction of corruption, implementation of anticorruption policy, cooperation between civil society and authorities in combating corruption were investigated by Ukrainian researchers such as VMartynenko, A. Mikhnenko, E. Makarenko, S. Kravchenko, O. Sosnin, Yu. Kannish, E. Nevmerzhitsky and many others.The purpose of this article is the analysis the factors that determine the peculiarities of perceptions of corruption in Ukraine and thus explain the phenomenon of low anti­corruption potential.Presenting the main material. Corruption counteraction requires definite and consistent ideas about the essence and forms of corrupt behavior. In other words, in the course of development and implementation of a national anticorruption policy, it is important to consider existing standards or stereotypes in the understanding of corruption. People rely on such standards in their assessments of various dimensions of corruption, which, sometimes, differ from a legislative vision of the essence and forms of corruption entirely. In the countries where the process of implementation of the international anticorruption conventions containing fundamental or model descriptions of elements of corruption crimes has not been completed, the picture is even more complicated. For instance, prior to June 2009 (the first attempt to pass «the anticorruption package»), only an insignificant number of administrative offences was classified as corruption under the Ukrainian law. At the same time, various types of actions were regarded as corruption both by the public and by politicians.From a legal standpoint, there is presumed knowledge of the law. In other words, for the purposes of law enforcement, it is presumed that every citizen is aware of the types of actions that are considered corruption crimes or administrative corruption offences in a given society. However, social reality considerably deviates from the regulatory model of the anticorruption laws. Besides, the problem in this case is much more complex than a mere knowledge of respective legal provisions.Conclusions. In the public opinion, corruption may take various forms; and a model described in an anticorruption law is not always acceptable for people. Moreover, there are types of actions that look like corruption but are not corruption from a legal perspective; conversely, circumstances that may not look corrupt atfirst sight are corruption under the law. It is very important to determine how respondents understand corruption and how they distinguish its various forms in specific everyday situations. From a socio cultural perspective, perceived assessments of corruption depend on the public conceptions of corruption.The problem has received essentially no attention in the studies conducted in Ukraine. To an extent, an explanation could be that there were no legal experts in the research groups carrying these surveys out and that the conceptions of sociologists in respect of corruption were, at best, incomplete or superficial, because they covered only most common forms of corrupt conduct, i.e. bribery and abuse of power. Legal subtleties associated with the definition of offenders, elements of crime, types of liability and correlation between moral and legal aspects etc. have been left without attention of the methodology designers.In this case, these findings could be used as «background information» in the interpretation offindings received in respect of the public perceptions of corruption and the extent of involvement in corrupt relations.

The effectiveness of anti-corruption policies: measuring the impact of anti-corruption policies on integrity in the public organizations of South Korea

To confront their struggles with corruption, many countries have adopted various anti-corruption policies. Do anti-corruption policies reduce corruption? Experts in this field have developed anti-corruption measures, and yet the current literature stops short of evaluating the effectiveness of anti-corruption tools due to a lack of data. Using the Anti-Corruption Initiative Assessment data and the Integrity Assessment data, this paper empirically tests the effectiveness of anti-corruption policies on the level of integrity amongst 183 public organizations in South Korea from 2013 to 2016. To capture the impacts of anti-corruption policies, this article employs a fixed effects model and time-lagged regression. A case study is presented to illustrate some interesting points that are related to the findings. This paper finds that the implementation of anti-corruption policies has a positive effect on the level of integrity in the public organizations. This result counters the conventional argument that we have failed to reduce corruption. In South Korea at least, the success of anti-corruption policies is not elusive. Corruption can be curbed when anti-corruption policies are vigorously implemented.

Базові методологічні складники формування та реалізації антикорупційної політики в УКР

Базові методологічні складники формування та реалізації антикорупційної політики в УКР

The Political Cycle of Fighting Corruption: Peru’s Experience with its First National Anti-Corruption Commission

Despite progress made over the past two decades, current international anti-corruption efforts continue to struggle with implementation issues in individual nations. The present study proposes an approach to anti-corruption policy implementation that considers the fight against public malfeasance in terms of its potential costs and benefits for political leadership. The existence of a political cycle for anti-corruption initiatives is proposed and tested through an examination of Peru’s National Anti-Corruption Commission from 2001 to 2005. The empirical analysis supports the theoretical tenets, showing how the government of President Toledo created and later devolved the anti-corruption commission due to private interests and political circumstances.

Separation of administrative and other legal relations arising during the Implementation of anti-corruption policy

Separation of administrative and other legal relations arising during the Implementation of anti-corruption policy

International experience of formation and implementation of anticorruption policies in other states

International experience of formation and implementation of anticorruption policies in other states

Alcances y limitaciones de los mecanismos de coordinación gubernamental en la política anticorrupción: el caso de la Oficina de Fortalecimiento Ético y Lucha contra la Corrupción en Sunat

In mid-2000, a complex network of corruption that captured various governmental entities during the last decade came to light. This prompted the subsequent emergence of a number of measures linked to the fight against corruption. During that period, the Superintendencia Nacional de Aduanas y de Administracion Tributaria (Sunat) was one of the institutions immersed in cases of grand corruption, and at the present it is an entity with high vulnerability to the incidence of cases of petty corruption. For this reason, since 2012, the Oficina de Fortalecimiento Etico y Lucha contra la Corrupcion (Oferlccor) has been set into operation. This institution has the objective to develop actions for prevention and control of corruption within various administrative processes of the entity. This article aims to identify the coordination mechanism used during the implementation of anticorruption policies in Sunat during the period 2012-2015. In addition, it seeks to describe what the main limitations that occurred during that process were. According to the research results, the main constraints were two: (i) the political influence of senior management during research processes, (ii) the overlapping of different policy devices, (iii) gaps in the operation of the Organo de Control Institucional (OCI), (iv) inefficient risk identification systems, (v) unequal technical capacities between the areas involved in the policy, as well as (vi) limited logistical and budgetary resources.

БОРОТЬБА З КОРУПЦІЄЮ В УКРАЇНІ ЯК ПЕРЕДУМОВА ЗАПРОВАДЖЕННЯ БЕЗВІЗОВОГО РЕЖИМУ З ЄВРОПЕЙСЬКИМ СОЮЗОМ

Nowadays, the only unreformed component, which remains within the legal system of Ukraine is the Ukrainian court system. The main factors that affect the activity of the courts in Ukraine are both political and economic corruption. If we compare the degree of influence on the courts, we can say that the activity of the CCU mostly suffers from political corruption while the economic corruption significantly affects the activity of courts of general jurisdiction. To implement legal instruments to combat corruption in Ukraine the appropriate system of enforcement bodies has been implemented. It involves the National Anti-Corruption Bureau of Ukraine (hereinafter – NABU), Anti-corruption Prosecutor Office, the National Agency for the Corruption Prevention (hereinafter – NACP) and the Agency for Investigation / Return Assets. The article defines that unresolved problem is the launch by the National Agency for the Prevention of Corruption of the electronic declaration system to be held on 15 August 2016. The launch of e-declaration is an essential is the final commitment of Ukraine to obtain the free visa regime. The final decision on the implementation by Ukraine of the criteria of the Action Plan on Visa Liberalization was approved by the EU Commission on 18 December 2015. The document stipulates that Ukraine fulfilled all the criteria set of four blocks of APVL. Nowadays Ukraine is expecting to get the visa regime from the EU. In general, for effective implementation of anti-corruption policy in Ukraine should be introduced a systematic approach. The phenomenon of corruption is systemic, and accordingly it must be overcome only by joint efforts. It is necessary to ensure the independence of anti-corruption bodies and prevent their political dependence on the governing bodies; establish effective work of the National Agency for Corruption Prevention, the National Anti-Corruption Bureau, Anti-corruption Prosecutor's Office and the Agency for Investigation/return assets must; inform the public on their performance; and to provide penalties for officials who committed corruption offenses.

ПОЛИТИКА ПРОТИВОДЕЙСТВИЯ КОРРУПЦИИ УГОЛОВНО-ПРАВОВЫМИ СРЕДСТВАМИ

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended
 on 22.12.2014). 
 Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

Public Management and Anticorruption Policy Implementation in the Healthcare Sector in Italy: A Controlled Comparison of Two Most Similar Local Health Agencies

The paper investigates the process of anti-corruption policy implementation in Italian local health agencies. The perspective embraced is a public management perspective that focusing on the achievement of the desired outputs of the implementation process in Italian Local Health Agencies aims at testing a “managerial quality hypothesis” as a tentative framework to investigate the ultimate role that public managers exert on the successful achievement of policy implementation and management. The approach followed for the analysis of the data is hypothesis testing with an explanatory purpose respect to the causal mechanisms that constitute the pathway between the managerial features identified by our model and the formal achievement of the policy goals. Various factors are controlled during the investigation, including relevant regional healthcare features and critical agencies’ features. The results show that the policy of prevention of corruption in force seems to still lack of a centralized support for implementation. More involvement and support of the central level of government in terms of standardized training and real and effectively tailored networking occasions at a regional level might be highly useful to improve policy implementation effectiveness, especially in times of fiscal stress of public sector organizations.