Prevention Of Corruption Research Articles

Legal Measures to Support the Process of Asset Recovery in the State-Owned Enterprises Banking Sector Post-Corruption Cases

This study aims to identify obstacles and formulate strategic measures to optimize asset recovery in the State-Owned Enterprises Banking sector post-corruption cases. This research employs a normative legal research method with a comparative approach, where the collected legal materials are analyzed qualitatively to describe the problems and answer the research objectives. The results show that asset recovery faces multidimensional challenges, including weaknesses in the legal framework, limitations in the capacity and integrity of law enforcement officers, lack of facilities and infrastructure, and efforts by the accused to avoid asset recovery. Optimizing asset recovery requires a comprehensive strategy encompassing the enactment of the Bill on Criminal Asset Forfeiture, strengthening the legal and institutional framework, enhancing the capacity and integrity of law enforcement, improving facilities and infrastructure, optimizing the civil route, and strengthening international cooperation. Therefore, it is recommended that the Government, Directors of State-Owned Enterprises Banking, the Asset Recovery Center, and law enforcement agencies undertake various optimization efforts, such as accelerating the enactment of the Bill on Criminal Asset Forfeiture, increasing the budget, strengthening corruption prevention systems, enhancing the competence of law enforcement officers, and strengthening international cooperation. Furthermore, the Public Prosecutor is expected to maximize the use of Article 18 of Law Number 31 of 1999 in indictments, enabling judges to issue optimal rulings for asset recovery in the State-Owned Enterprises Banking sector post-corruption cases.

War, art, and sanctions: social network analysis on the NACP’s databases of sanctioned Russian individuals and art collectors

AbstractUntil March 2024, Ukraine’s National Agency on Corruption Prevention (NACP) was tasked with maintaining databases of individuals sanctioned for their support of Russian military action in Ukraine and monitoring works of art owned by these individuals to prevent their being sold in violation of sanctions. The present study gathered data from the NACP’s War & Sanctions and War & Art databases through a combination of web scraping and API requests. These data were then examined using measures of network analysis (including degree centrality, eigenvector centrality, and clustering coefficient), which allowed the visualisation and statistical analysis of the network of Russian elite. This research is the first that has conducted scientific analysis on these datasets. Investigation determined that the social network of individuals in the upper strata of Russian society is vast and moderately centralised, with over a dozen clusters around influential Russian oligarchs, politicians, and celebrities. It also determined that art collectors have a more central role in this network than non-collectors of art. The network exhibits a clear presence of hubs and nodes with high degree centrality and a high degree-betweenness centrality correlation, indicating that information can flow quickly and efficiently. However, the network’s dependence on a few key individuals could constitute a vulnerability, with the extraction or isolation of these figures potentially disrupting the network’s function and coordination. This research also identified inconsistencies in the imposition of sanctions, creating grey areas that could allow the continued trade of cultural goods, potentially bypassing international restrictions.

Bio-Politics and Cultural Rubric on the Prevention of Corruption of Village Funds in Wonogiri Regency

Corruption prevention in Indonesian villages is generally limited to the formal and informal dichotomy. To bridge this dichotomy, this research uses a bio-political approach and a cultural framework as a representation of the formal and informal. This research aims to explore bio-politics and cultural frameworks in preventing corruption in village funds in Sendang Village, Wonogiri. Using phenomenological qualitative research methods and triangulation, the results show that Sendang Village in Wonogiri has become a prime example of transparency and accountability prior to the recommendation from Transparency International Indonesia (TII) in 2023. Sendang Village also issued various regulations and utilized inherent and extrinsic village values to build massive corruption prevention practices. Despite the dynamics and issues arising from the simultaneous application of the bio-political and cultural frameworks, corruption prevention efforts in Sendang Village continue to be built consistently. The research has implications for bridging the dichotomy between formal and informal corruption prevention in the village. In addition, this research also provides an in-depth description and different perspectives in the research of corruption prevention at the village level.

Security Quality Measurement Based on ISO/IEC 25023 Quality Model Case Study: Hospital Management Information System

Hospitals need to protect the security of data assets, where data assets are an important part of the continuity of hospital operations. In connection with the protection of data and information assets in the hospital, it has become a requirement for the hospital information technology team to carry out a security audit of the hospital management information system (HMIS). In this study, we measured the quality of the HMIS software in X Hospital using ISO 25023 which focused on the security aspects of the outpatient service module and drug services in the outpatient pharmacy unit. The security aspect based on the ISO 25023 standard consists of five main characteristics, namely: confidentiality, integrity, non-repudiation, accountability and authenticity. In the early stages, calculations are carried out to find the value of each measurement standard which is denoted by (X). The X value is based on the standard calculation range of values 0 and 1. The threshold value is determined at 0.80 to categorize the point quality whether it is not good or has met the ISO 25023 quality point. The results of software quality measurements show Internal Data Corruption Prevention is worth 0.75 and is at below a predetermined threshold value. Based on these results, it is recommended to improve one of them by replication the database to minimize the possibility of Internal Data Corruption Prevention. In this study, all aspects of software quality have an average value above the threshold, so it can be concluded that HMIS in RS X meets ISO 25023 standards.

ARTIFICIAL INTELLIGENCE AS AN INNOVATIVE TOOL OF CORRUPTION PREVENTION IN JUDICIARY: THE ADVANTAGES

There has been made an attempt in the article to assess the possibility and expediency of application of information and communication technologies and their highest manifestation – artificial intelligence – as an anti-corruption tool in the judiciary. The essence and modern forms of the artificial intelligence phenomenon and its connection with information and communication technologies have been analyzed. There has been researched national and foreign legal regulation on the application of artificial intelligence both in the field of public administration in general and in the field of the judiciary and administration of justice in particular. The cases of the most «significant» corruption events in the judiciary have been presented and an attempt to find out the reasons of the failure of traditional tools to prevent corruption has been made. There has been called into question the ability of the state to overcome such a negative socio-power phenomenon as corruption without the implementation of radical steps which have long been overdue and became even more actualized during the armed conflict. Some positive examples of the information and communication technologies use in the judiciary have been demonstrated. Separate advantages of using artificial intelligence as a new tool for preventing corruption in the administration of justice have been briefly systematized. There has been emphasized that artificial intelligence due to its impartiality is fully capable to ensure the realization of the right to a fair trial, preserving time, financial and human resources, and reducing the level of corruption. At the same time, there has been underlined that without studying the risks and threats of using computer programs at this level of their development, relying only on them as a panacea for the destruction of corruption practices is imprudent and premature. Finally, an impulse for further research of artificial intelligence and its features as a tool of corruption prevention in the judicial system has been given.

Prevention of corruption in the acts of the national police of Ukraine: administrative and legal dimension

The relevance of the research lies in the fact that the existing issue of preventing corruption among police officers is not only a problem of the Ministry of Internal Affairs of Ukraine, but also a national issue, in particular. The purpose of the article is to analyze the typology of corruption in the bodies of the National Police of Ukraine. In the context of scientific intelligence, a number of general scientific and sectoral methods are applied, in particular, the method of analysis, synthesis, historical and logical, dialectical, historical and synergistic, systemic methods. It is noted that corruption in police bodies is a phenomenon that poses a risk not only to established members of the structural divisions of law enforcement agencies, but also to one that, in its individual content, exerts a negative influence on the breakdown of social relations, the breakdown of the state, which presents individual rights as such on the dominance of the doctrines of the rule of law, equality of all before the law, which are characteristic of a democratic legal state. The article states that the prevention of corruption in the ranks of law enforcement officers is a component of the state’s general anti-corruption policy, which correlates with the state’s intentions to prevent this negative phenomenon, includes its own strategy for the development of public and legal relations regarding the neutralization or localization of the actions of officials of the NP of Ukraine (factors ) corruption and consequential influence with the support of the congruence of the legal toolkit in order to achieve the set goal, which is established in the field of implementation of the tasks set before it by the National Police of Ukraine. At the same time, an important factor in preventing corruption offenses among police officers is the growth of their civic consciousness. Attention was drawn to the fact that corruption offenses among police officers are an extremely dangerous phenomenon, which, unfortunately, is characteristic of foreign police officers as well. It is noted that corruption can be overcome under circumstances when each police officer will feel a direct responsibility for the fulfillment of a common desire - the formation of a police that is actually independent from corruption. It is noted that a significant number of foreign countries managed to form a modern effective mechanism for preventing corruption offenses among police officers. Considering the European choice of our state, there is a definite need to develop and implement an innovative anti­corruption policy taking into account the positive factors of the existing international experience.

The procedure for selecting declarations for NACP’s full audit: novelties and challenges

Every year, from 600 to 900 thousand declarations are submitted to the Unified State Register of Declarations of Persons Authorized to Perform State or Local Governance Functions. Meanwhile, only 27 employees of the National Agency on Corruption Prevention (NACP) are responsible for conduction the full audit of these declarations. In such circumstances, the question of methodology under which the NACP selects declarations for full audit comes to the fore. Prior to the full-scale invasion on Ukrainian territory, national legislation had several provisions that defined the procedure for selecting declarations for full audit. The selection system in place at the time resulted in most full audits being conducted only on a very limited number of top officials. During martial law, in September 2023 - June 2024 the system of selecting declarations for full audit was significantly changed. Inter alia, the NACP adopted three new Procedures to regulate these issues. According to the updated regulations, all submitted declarations undergo a computerized risk assessment, after which declarations with the lowest risk are sent for automated audit, and the declarations with the highest risk are selected for full audit according to four levels of priority. While the new system of selection is certainly a significant step forward, it is not without drawbacks. Firstly, it involves unreasonable concealment of the rules of logical and arithmetic control (LAC) from the public, i.e. the criteria by which the NACP calculates the risk rating of each submitted declaration. Secondly, the institution of automated audit introduced in November 2023 is currently of low practical value and in some cases may even hinder the effective selection of declarations for full audit. To address these shortcomings, the NACP is recommended to make the LAC rules publicly available and provide an opportunity for their public discussion, as well as to abandon the mechanism of automated audit in the form in which it currently exists.

Adhesión del régimen de vigilancia y control fiscal a los principios de gestión y gerencia pública en el marco constitucional colombiano

This article examines the evolution of the fiscal oversight and control regime in Colombia from the perspective of public management and administration. Through a qualitative analysis of doctrine, legislation, and jurisprudence, the study seeks to understand how this system has evolved, particularly following the 1991 constitutional reform. The research reveals significant progress in implementing a more proactive and preventive fiscal control framework, focused on efficiency, economy, and equity. However, persistent challenges remain, such as effective resource management and the prevention of corruption. The methodology employed combines an exhaustive review of academic literature with an analysis of key documents, such as judicial rulings. The findings highlight the importance of strengthening the autonomy of territorial comptroller offices and promoting greater coordination among oversight entities to effectively combat corruption. In conclusion, this study underscores the close relationship between fiscal oversight and public administration, emphasizing the need for efficient and responsible public management to ensure the proper use of state resources. It concludes that while important advances have been made, challenges remain that require constant attention from the competent authorities.

Правове регулювання запобігання корупційним проявам в діяльності державної прикордонної служби в Україні в умовах воєнного стану

The article analyzes the legal regulation on the prevention of corruption in the activities of the State Border Service of Ukraine (SBSU) during martial law. Corruption poses a significant risk to national security, the efficiency of public resource management, economic development, and the stability of government. The legal definition of corruption refers to the use of official powers to obtain an unlawful benefit. In the context of martial law, the DPSU faced increased threats of corruption, in particular when controlling the state border. The article analyzes the main categories of anti-corruption legislation, including the prevention, prevention, prevention and counteraction of corruption, and also examines measures that can effectively reduce corruption risks in public administration. The main initiatives for the prevention of corruption cover a wide range of legal, organizational and educational measures aimed at eliminating the causes and conditions that can contribute to the commission of illegal actions.Effective management and control of state borders becomes especially important during martial law, when national security depends on the reliability of anti-corruption measures. In this context, the improvement of the legislative framework regulating the activities of the State Border Service of Ukraine, in particular regarding granting it the status of administrator of the Unified State Register of conscripts, conscripts and reservists, is important for strengthening control and reducing corruption risks at the border. Such changes will not only ensure more effective monitoring and compliance of border crossers with military and legal obligations, but will also help prevent the illegal movement of people across the border. These measures play a key role in ensuring the country’s internal stability and defense capability, especially in the face of military threats. Updating the legislation will also strengthen the legality of border service actions and increase their transparency, which is necessary to maintain citizens’ trust in state institutions.

Кримінально-правова характеристика суб’єкта корупційних та пов’язаних з корупцією правопорушень у сфері охорони здоров’я

The article is devoted to the analysis of the legislative regulation of subjects of corruption and corruption-related criminal offenses, finding out their specifics and types in the field of health care. A comparative description of the definition of subjects of corruption offenses in accordance with the Criminal Code of Ukraine and the Law of Ukraine "On Prevention of Corruption" has been made, a number of shortcomings have been identified and certain considerations have been expressed regarding the directions for improving the legislation. It is stated that the peculiarity of the subject of a corruption offense is the presence of special features that indicate, first of all, a certain legal status of a person, due to the sphere of activity (public or private), position, functions performed, powers, etc. The Criminal Code of Ukraine provides for a wide range of types of special subject of corruption criminal offenses, among which the key is an official. It was found that the anti-corruption legislation applies to all categories of health workers. At the same time, the Criminal Code of Ukraine provides for differentiation of responsibility for accepting a proposal, promising or receiving undue benefit by a special entity, given the presence or absence of the status of an official and a type of legal entity (public or private law) or the provision of public services. The most controversial for the doctrine of criminal law and law enforcement practice is the problem of a criminal legal assessment of a health worker receiving undue benefits in connection with legally significant actions. In particular, such acts can be qualified both under Art. 368 or 368-3 and under Art. 354 or 368-4 of the Criminal Code of Ukraine, which indicates primarily the shortcomings of criminal legislation and the lack of unified theoretical developments in this area.

AI-driven corporate governance: a regulatory perspective

ABSTRACT The use of AI-driven or AI-assisted systems in corporate compliance is a novel topic in the business and management literature, only marginally considered by legal academia. While some scholarly pieces have explored the use of artificial intelligence (AI) systems to support compliance in the financial sector (eg, for anti-money laundering purposes), the legal implications of deploying AI systems to fulfil corporate compliance tasks has not yet received the attention it deserves. This article approaches the use of AI in corporate compliance and governance through the eyes of a regulator. Its aim is to present how the use of AI compliance systems within corporations can be leveraged by the entities tasked with ensuring the good governance of firms. Concretely, it explores a not-too-distant future, where some of the regulation of corporations can be driven by a mandate to systematically deploy Automated Compliance Management Systems (ACMS) within corporations as a way to enforce and monitor good governance. The article suggests that several of the limitations that regulators are currently facing to ensure the prevention of fraud, corruption or other forms of corporate non-compliance, could be addressed if regulators offered firms the possibility of being continuously monitored by an automated AI-driven system which systematically tracks the corporation’s data footprint. We then explore what is required for such a regulatory approach to be feasible and effective. In our view, regulators must first establish the standards of reliability for those systems (ie, the legal meaning of ‘red flags’ issued by the system of potential violations) and, second, actively supervise how companies react to the outputs of those systems (ie, what companies do when a red flag is raised by the system). In the final part of the article, we offer a more concrete example to the reader. We suggest it could be possible to test such an approach in Australia through regulatory sandboxes for the mining sector, concretely, to monitor compliance with antibribery obligations overseas.

The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law enforcement while encouraging active community participation. Addressing corruption requires improvements in education, training, and the instillation of moral values. This research aims to understand the characteristics of normative legal knowledge and to explore legal regulations and their principles using a normative juridical approach, relying on secondary data analysis. Active prevention of corruption and a proactive role for corruption courts are crucial. Key findings suggest the need for rigorous law enforcement, the abolition of gratuities, increased transparency, and enhanced public ethics. Collaboration among the government, law enforcement, and the community is vital to effectively tackle corruption. Fair law enforcement and legal certainty must be ensured to build a collective conviction among stakeholders. A multifaceted approach is necessary for effective corruption eradication, including system improvements, educational campaigns, and repressive actions. Sustained efforts can minimize corruption's negative impacts, foster public trust, attract investors, and uphold national dignity while deterring corrupt activities. Furthermore, maximizing the recovery of state funds lost to corruption is essential for the nation’s integrity and development.

Anti-Corruption Efforts in Regional Police Departments: The Role of Regional Inspectorate Supervision Based on Justice Values

This study explores how effective oversight can enhance the utilization of state apparatus for achieving good and clean governance, specifically focusing on the role of regional inspectorates in preventing corruption within regional police departments. The study aims to: 1) analyze why current regulations regarding the regional inspectorate's role in corruption prevention are not based on justice values; 2) identify challenges in these regulations; and 3) propose a reconstruction of the regulations to align with justice values. Using a constructivist paradigm, a socio-legal approach, and descriptive research methods, the study relies on secondary data sources, including primary, secondary, and tertiary legal materials. Data collection is conducted through a literature review, and qualitative analysis is employed for data interpretation. The findings reveal that the current regulation is not justice-aligned due to the supervisory function of the Regional Inspectorate (Itwasda) being under the authority of the Regional Police Chief (Kapolda), rather than the National Police Chief (Kapolri). This structure limits the effectiveness of oversight and suggests the need for a direct reporting line to National Police Chief. Challenges in the existing framework include a lack of specific legal guidelines governing the inspectorate's role in corruption prevention and insufficient synergy between organizational sections and Supervision Inspectorate. Furthermore, there is a cultural reluctance to report corruption. The study proposes reconstructing the regulation to ensure a justice-based framework, including normative revisions to relevant laws and regulations, such as Law No. 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication, and Indonesian National Police Regulation No. 14 of 2018. This reconstruction aims to establish a clearer, more effective oversight mechanism that enhances the inspectorate's role in corruption prevention.

Corruption prevention in organizational clustering in Indonesia: through the role of the HU-model in detecting corruption

PurposeThis paper aims to test the effectiveness of the Haryono Umar (HU)-model used in corruption prevention strategies through corruption detection as a tool for detecting corruption because the mode of corruption is increasingly dynamic and complex by focusing on the causes of corruption: pressure, opportunity, rationalization, capability and lack of integrity.Design/methodology/approachThe research uses multiple regression methods, classification and regression trees and the HU-model application system developed by researchers. The research sample uses secondary data from financial reports on the Indonesia stock exchange according to organizational clustering (such as red, grey and green areas).FindingsThe research result showed that of the 470 sample companies, there were 445 companies, or 98.9%, in the red cluster (indicated corruption), 19 companies, or 4.04, in the green clusters or not indicated corruption and six companies, or 1.28%, were included in the grey cluster or potential corruption. By knowing the cluster of an organization, efforts to prevent corruption can be made effective and efficient. Implementing the HU-model proves that the amount of pressure, the abundance of opportunities, the ease of rationalization and the high level of position and authority strengthen the drive for corruption if there is a lack of integrity.Research limitations/implicationsEach internal organization can use this model independently and find conditions related to corruption so that they can immediately take action to prevent it.Originality/valueThe application of the HU-model is a discovery in preventing corruption by focusing on the possibility of corruption occurring in each organization through organizational clustering.

STRATEGI PEMERINTAH DAERAH KABUPATEN BANYUMAS DALAM MENCEGAH KORUPSI ANGGARAN PENDAPATAN DAN BELANJA DAERAH (APBD) DI KABUPATEN BANYUMAS

Abstrak . Banyumas Regency is one of the regencies that received the highest ranking for corruption prevention. According to the Corruption Eradication Commission's Monitoring Center for Prevention (MCP) corruption prevention instrument, Banyumas Regency is ranked sixth at the national level with an index of 95.79. This research was conducted to find out the strategies of the Banyumas Regency Regional Government in preventing corruption of the Regional Budget (APBD) in Banyumas Regency and the obstacles of the Banyumas Regency Regional Government in implementing strategies to prevent corruption of the Regional Budget (APBD) in Banyumas Regency. The research method used is normative juridical using secondary data sources and primary data sources in the form of data from interviews with the Banyumas Regency local government consisting of the Regional Secretariat of the Legal Section and the Banyumas Regency Regional Inspectorate. Based on the results of the study, that the strategies and effective efforts of the Banyumas Regency local government in preventing corruption of the Regional Budget (APBD) in Banyumas Regency can be done through the establishment of regulations, handling conflicts of interest, fostering the State Civil Apparatus (ASN), using the Monitoring Center for Prevention (MCP), using the Whistleblowing System (WBS), using complaint stalls, conducting investigative audits, implementing the Government Internal Control System (SPIP), and carry out the duties and functions of local government on the regional revenue and expenditure budget (APBD). The obstacles of The Banyumas Regency Regional Government in preventing Corruption in the Regional Budget (APBD) in Banyumas Regency include delays in the implementation of activity schedules, the effectiveness of regulations, and the incompatibility of public complaints. Keyword: Corruption, APBD, Banyumas Regency.

Anti-corruption Expertise of Regional and Municipal Regulations in the System of Corruption Prevention Measures by the Prosecutor’s Office

The article analyzes the problem of the prosecutor’s office conducting an anti-corruption examination of legal acts in the Russian Federation. The paper presents the author’s assessment of the methodological approaches currently in force to identify and eliminate corruption-causing factors in regulatory documents and their projects, characterized by an understanding of the theoretical foundations of anti-corruption expertise, potential and real risks of corruption actions. The analysis of theoretical aspects is associated with an in-depth study of the practice of prosecutorial activity in this area, which allowed us to form an idea of the corruption-causing factors that have the greatest prevalence Based on the conducted comparative legal study of the legislation of the CIS member states, the author concludes that it is possible to borrow a number of practices that have shown a positive result during their implementation: active involvement of the scientific community in conducting anti-corruption expertise, consolidation in the national legislation of the country of uniform requirements for the procedure for sending a draft normative act to subjects of expert activity and the composition of the attached package of documents, legislative consolidation of the right and obligations of the prosecutor’s office to carry out the examination of draft normative acts The author shows that in modern conditions, special attention should be paid to the problem of implementing the results of the anti-corruption expertise, notes the need for detailed legislative regulation of the procedure for considering the prosecutor’s claims to eliminate corruption-causing factors and establishing a list of grounds for refusing to satisfy the demands of prosecutors, specifying individual issues of judicial appeal.

Evaluation of Corruption Prevention Programs Case Study on the Corruption Prevention Network Program (JAGA)

Efforts to prevent corruption in the form of improving the quality of public service transparency are one of the most crucial things to be done in Indonesia. (KPK, 2023). This is carried out through the Corruption Prevention Network (Jaga) program by the KPK which aims to encourage transparency in public services and public participation in corruption prevention. Unfortunately, the program has not run well based on the assessment of respondents in the Jaga user survey because it has not reached all areas prone to corruption and the complaint resolution rate is low. This study aims to eval_uate the Jaga program and assess the suitability of the Jaga program with the Fraud Risk Management (FRM) framework. This study concludes that in general, the Jaga program is in line with the FRM framework but needs to be improved in terms of documentation of the Jaga concept, the implementation of comprehensive and periodic corruption risk assessments, the development of specific preventive controls based on the intervening public service sector, the improvement of the mechanism for handling complaints of indications of corruption, and the implementation of periodic monitoring of FRM implementation.

The Crime of Accepting Bribes in the Hong Duc Code and Their Significance as a Model for Contemporary Criminal Law in Vietnam

The Hong Duc Code, promulgated during the reign of King Le Thanh Tong, is regarded as a progressive and comprehensive legal code within the context of feudal Vietnam. It reflects the principles of the rule of law and demonstrates a deep commitment to humanity. The Hong Duc Code contains detailed provisions covering various forms of bribery, including accepting money or gifts, exploiting positions for personal gain, harassing individuals, making wrongful convictions, concealing crimes, and weakening the military. The law applies to incumbent officials, relatives, and other connected individuals. Penalties are clearly outlined and vary depending on the nature and severity of the offense, ranging from fines and demotion to exile and the death penalty. Although resembling a feudal society, the Hong Duc Code remains relevant in Vietnamese criminal law, particularly in corruption prevention and control, especially the clauses on bribery. The article is dedicated to analyzing the crime of bribery in the Hong Duc code, to provide valuable insights for the current Vietnamese criminal law system. The article highlights three main points: (1) The legal form is clear, easy to understand, and easy to apply; (2) Treating bribery as a separate crime rather than just an aggravating circumstance as in current law; (3) Providing rewards to those who report bribery. As a result, the article aims to improve the law, enhance the effectiveness of anti-corruption efforts, and contribute to establishing a fair and civilized society.

Institute of anti-corruption authorized state body of government and local government bodies: features of the legal regulation

The article analyzes the provisions of the Law of Ukraine “On the Prevention of Corruption”, the Model Regulation “On the Authorized Unit (Person) on Prevention and Detection of Corruption” and other specialized legislation from the point of view of regulating the activities of the anti- corruption officer of state authorities and local self-government bodies. The complex of measures to prevent and detect corruption, which are entrusted to the authorized persons in the implementation of their activities in state bodies, local self-government bodies, state enterprises, institutions, and organizations, has been studied. It was established that the anti-corruption commissioner exercises control over compliance with anti-corruption legislation in the relevant body, its territorial (inter-regional) bodies and legal entities belonging to the sphere of management of the relevant body through cooperation with the management, employees and other authorized bodies (persons) in accordance with the current legislation. It was found that in the current legislation of Ukraine there are two institutions of anti-corruption commissioners, different in terms of legal regulation, but unified in terms of the purpose of their activity. Namely, the first institute provides for the formation (definition) of authorized divisions (authorized persons) on issues of prevention and detection of corruption, in particular, at enterprises, institutions and organizations belonging to the sphere of management of a state body and regulates its activities, and the second institute of anti-corruption officers , specifically for legal entities whose anti-corruption programs are approved in accordance with the Law. It is emphasized that the fulfillment of a number of tasks by the authorized person is related to direct interaction with the management of the state authority or local self-government body, including on the issues of conflict of interest settlement, whistleblower protection, bringing guilty persons to disciplinary responsibility for violating the requirements of anti-corruption legislation, informing about the facts of committing such violations, managing corruption risks.

Lifestyle monitoring of declarants in a state of martial law

Lifestyle monitoring of declarants is one of the financial control mechanisms introduced in 2014 with the entry into force of the Law of Ukraine “On Prevention of Corruption”. The National Agency on Corruption Prevention (NACP) was designated as an entity responsible for the lifestyle monitoring of declarants. By the beginning of the full-scale invasion on 24 February 2022, the NACP had completed only a few dozen monitorings. However, after the suspension of mandatory e-declaring as well as full audits of e-declarations due to the introduction of martial law, the NACP intensified its activities on lifestyle monitoring. Until the fall of 2023, the NACP had conducted monitoring based on the direct provisions of Articles 514, 522 of the Law of Ukraine “On Prevention of Corruption” and internal methodological recommendations. In October 2023, the Verkhovna Rada of Ukraine introduced several important amendments to the law on lifestyle monitoring. Following this, the NACP approved a separate Procedure for lifestyle monitoring of declarants which was registered with the Ministry of Justice of Ukraine. The new Procedure defines key terms, establishes a list of information sources for monitoring, determines the manner of recording monitoring results and regulates a number of other procedural issues. Although the adoption of the Procedure is a positive development, the document has certain legal flaws. These include the absence of deadlines for the monitoring procedure, failure to establish auto-distribution of monitorings among NACP employees, and a controversial form of envisaging the final results of the monitoring. The law enforcement practice in lifestyle monitoring is actively developing. Only in 2023 the NACP launched 621 and completed 552 lifestyle monitorings. However, to guarantee full compliance with the principles of legality, legal certainty, and respect for private and family life, the NACP should eliminate the above flaws of the Procedure and adopt special lifestyle monitoring procedures for judges and judges of the Constitutional Court of Ukraine in accordance with the requirements of the law.