State Anti-corruption Policy Research Articles

ПРОБЛЕМНІ ПИТАННЯ ЗАПОБІГАННЯ КОРУПЦІЇ В УКРАЇНІ

Solving the problem of preventing corruption at different levels and in different spheres of functioning of public authorities is one of the most pressing social problems of our time for many countries around the world, and for Ukraine in particular. As a result, issues related to corruption and identifying ways to prevent it are attracting increasing attention not only from research theorists and practitioners, but also from the public. The public danger of corruption is that those guilty of committing it encroach on social, cultural values, education and legal awareness of citizens. Thus, there is a need to take measures to prevent corruption not only by specially authorized entities in this area, but also by other government agencies. Analysis of the current state of corruption prevention in Ukraine, as well as the findings of sociological research on cooperation in this area, convincingly show the existence of numerous gaps in the regulation of interaction of corruption prevention entities and in the practice of its implementation. Today, it is extremely important for the Ukrainian state to approximate national anti-corruption legislation to the standards of the EU member states. Taking into account the recommendations of European partners, Ukraine has already adopted a package of legislative acts defining the state's anti-corruption policy and introducing new bodies authorized to prevent corruption. However, despite the presence of a number of scientific papers on the activities of public authorities in the field of anti-corruption, special comprehensive studies, which determine the place and features of specially authorized bodies in cooperation with other government agencies in the field of anti-corruption, and based on updated legislation in this area are insufficient. The purpose of the article is to clarify the state and problems that arise in the fight against corruption in modern conditions, as well as to identify the causes that contribute to the manifestations of corruption

Деякі питання вдосконалення ефективності державної антикорупційної політики в Україні в контексті реалізації засад верховенства права

The problematic issues of ensuring on state anti-corruption policy in Ukraine are researched in the article. The current areas of anti-corruption are justified. This scientific task is solved on the basis of a comprehensive analysis of the results of theoretical research and national legislation concerning corruption prevention. In particular, uncertainties and contradictions caused by corruption factors that pose a threat to the national security of Ukraine and exacerbate the systemic crisis of modern social development are clarified. The institutional support is analyzed in the sphere of anti-corruption, which is characterized by the adoption of a new legal framework and the range of entities that care for the prevention and combating corruption in the state. The conditions for ensuring the construction of an effective system for combating corruption at the state level are detailed. Today it is proved that the real result of anti-corruption policy is much lower than it was expected, as it is indicated by existing of a set of systemic problems. In order to implement the state anti-corruption policy effectively, directions for its improvement are proposed. Specifically they are the following: the introduction of a legal institution in order to prevent political corruption; the need to ratify the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; improving the list of corruption crimes and establishing the adequacy of punishment for such crimes in accordance with their severity; introduction of effective mechanisms of external and internal state financial control and audit over the spending of budget funds. Key words: anti-corruption legislation, state anti-corruption policy, prevention and combating corruption, corruption, political corruption.

Topical issues of formation state anti-corruption policy in Ukraine

The purpose of the article is to identify existing problems in the formation and implementation of anti-corruption policy in Ukraine based on the analysis of research results of the current state of corruption in Ukraine, analysis of relevant regulations, and practice of its implementation. The methodology is based on the dialectical method of scientific knowledge, as well as special research methods based on modern scientific principles of legal, political, managerial, and related sciences. Results of the research. The article analyzes the current issues of state anti-corruption policy in Ukraine at the present stage. It is noted that corruption is one of the biggest problems of Ukrainian society and has great resistance to the development of Ukraine as a state. Ukraine currently has a whole system of anti-corruption bodies, some of which perform purely anti-corruption functions, while others perform anti-corruption functions as well. At the same time, the Basic Anti-Corruption Law defines a limited list of specially authorized entities in the field of anti-corruption. It is proved that the reserve of influence of public organizations in combating corruption offenses is still poorly used by the state on the initiative of the state itself.

On the role of the Ministry of Justice of Russia in the state anti-corruption policy

On the role of the Ministry of Justice of Russia in the state anti-corruption policy

IMPROVING THE STRATEGY AND TACTICS OF COMBATING CORRUPTION

The article is devoted to the consideration of the issue and problem aspects of improving anti-corruption policy, the elements of which are the strategy and tactics of combating corruption criminality. In the article the analysis of the term “state anti-corruption policy”, its components “strategy” and “tactics” are revealed, the ways to counteract corruption in Ukraine, which were formed in 2018 in the framework of the Anti-Corruption School, are indicated. The author systematically presents the areas of improvement of the state anti-corruption policy of Ukraine. The article investigates the issues of improvement of the state anticorruption policy, the components of which are the strategy and tactics of combating corruption. The author notes and analyzes nine steps (areas) to improve anti-corruption policy, and draws attention to interesting ways of overcoming corruption in Ukraine, which were proposed in the anti-corruption school held in 2018. The article reveals the following ways of combating corruption: elimination of the conflict of interests and access to information; more effective functioning of the Law of Ukraine “On Access to Public Information”; deeper decentralization for better eradication of corruption at the local level; creation and empowerment of certain supervisory boards at hospitals; introduction of more resources, such as ProZorro. As a result, the authors’ proposals for improving the strategy and tactics of combating corruption in Ukraine are identified.

АНТИКОРУПЦІЙНА ПОЛІТИКА В КОНТЕКСТІ ЄВРОІНТЕГРАЦІЇ УКРАЇНИ

The necessity and relevance of the study of the experience of formation and implementation of anti-corruption policy in the EU member states in order to implement it in Ukraine, due to its European integration vector of development is substantiated. The essence and causes of corruption depending on the spheres of society, as well as the characteristics of corruption in Ukraine and its impact on the economic and social parameters of the country, resulting in lower living standards. The existing models of perception of corruption in the world and the main strategies of anti-corruption activity are described. It is proved that the choice of strategy and model of anti-corruption activities in each country depends on many factors, and Ukraine's European integration course requires harmonization of national anti-corruption legislation with EU standards. The main causes of corruption in EU member states and features of anti-corruption policy of some European countries are analyzed. It has been shown that corruption is more or less common to almost all EU countries, however, common to all countries in terms of formation and implementation of anti-corruption policy is that it aims to minimize opportunities for corruption offenses. It is established that the basis of the anti-corruption policy of the Scandinavian EU member states is the concept of public administration "Good Governance", which combines institutions, processes and mechanisms through which citizens express their interests and exercise legal rights. It was found that EU countries do not pursue a common anti-corruption policy, and each country develops its own anti-corruption infrastructure, which aims to minimize opportunities for corruption offenses. It is proved that the insufficient effectiveness of the mechanisms of the state anti-corruption policy makes it impossible to carry out structural reforms on the way to full membership of Ukraine in the EU. Priority areas for further formation and implementation of anti-corruption policy in Ukraine have been identified, taking into account European integration aspirations and existing international standards.

ANTI-CORRUPTION CRIMINOLOGY IN LINE WITH THE SPIRITUAL-VALUE PARADIGM: ETHICAL AND EDUCATIONAL SECTION

The article deals with moral and ethical aspects overcoming corruption with emphasis on the formation of the state anti-corruption ideology (criminology) on the basis of the spiritual and value component. This construction is based on three concepts: value-ideological, ethicalmoral and, in addition, theological-theological, and criminological and theological, where appropriate prevention and fight against corruption calls to the “minds” of the bureaucratic apparatus and population regarding the transformation of consciousness in much more pious states. Issues of the nature of corruption (criminogenic) manifestations are raised by revealing the meaning of the concepts “corruption” and “bribery”. The problem of moral (ethical) corruption is updated as a mechanism for speeding up (solving) many issues. Silent attitude of society towards corruption formed a dangerous phenomenon – “corruption culture”. Various approaches to the definition of corruption are considered. It is emphasized that it is necessary to overcome it permanent interdisciplinary analysis (discourse) scientific practices by identifying (finding) piety, which needs updating for the general public. If you do not conduct an effective spiritual and value opposition and struggle with corruption, this very thing the universal status of the specified phenomenon is evidenced, when regulations are found to be ineffective and it remains to appeal to the voice (Law) of Conscience. Special attention is focused on involvement of civil society institutions (journalistic corps) and the state of solving many problems of corruption by preparing anti-corruption practices (programs, strategies, plans and tactics) taking into account corruption risks. Special attention is focused on the institution of corruption whistleblowers and further scientific support of the state anti-corruption policy of Ukraine. The original aspects of the disclosure of the criminological (psychological) portrait of the personality of the criminal-corruptor are violated.

Реалізація антикорупційної політики в процесі трансформації системи публічного управління

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

Anti-corruption expertise of regulatory legal acts and their projects in the Russian Federation

The article examines the problematic issues of organizing and conducting anti-corruption expertise of regulatory legal acts and their projects in the context of the implementation of the state anti-corruption policy. The main approach to the study of the problems identified in the work is a scientifically-oriented desire to use a set of relevant modern methods of obtaining new knowledge in combination with the use of general scientific and private scientific methods that allow comprehensively considering the most important theoretical and practical aspects of the impact of anti-corruption expertise of regulatory legal acts and their projects on improving the effectiveness of corruption prevention in the context of the legal relations studied in the work. The problematic issues of organizing and conducting anti-corruption expertise of regulatory legal acts and their drafts have been outlined, mechanisms for improving modern domestic legislation, and the practice of its application in the studied area have been analyzed and substantiated.

Науково-теоретичні основи формування та реалізації антикорупційної політики держави

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

Современная модель государственной антикоррупционной политики в странах Восточной Азии

This article continues a series of author’s studies on the current state anti-corruption policy in Russia and abroad from the point of view of the legal framework. The analysis of the specifics of the modern model of the state anti-corruption policy of the countries of East Asia and the peculiarities of its implementation within the framework of the system of international and national law. The need to perceive the positive world experience and adapt certain measures of the considered models of combating corruption in the Russian legal field is emphasized.

Современная модель государственной антикоррупционной политики в странах Европейского союза

This article continues a series of copyright research on the ongoing state anti-corruption policy in Russia and abroad in terms of legal framework. The analysis of the specifics of the modern model of state anti-corruption policy of the EU countries and the features of its implementation in the framework of international and national law is carried out. The necessity of perceiving positive global experience and adapting individual measures of the considered anti-corruption models in the Russian legal field is emphasized.

ANALYSIS OF MODERN FACTORS INFLUENCING THE DEVELOPMENT OF ANTI-CORRUPTION ACTIVITIES OF THE STATE

For several years in a row, Ukraine has been on the path of active democratic transformations due to a significant number of complex political, economic, environmental, and regulatory changes. Most of the transformations are due to the unwillingness of civil society to put up with situations that hinder the gradual development of all spheres of activity. Unfortunately, the leading positions are occupied by problems related to corruption in the public sector, which is one of the inhibiting factors in the implementation of state programs, reforms, and innovations. Their influence reduces the level of public confidence in the government, as well as contributes to the deterioration of the country's position at the level of international cooperation. Such actions lead to the development of crisis phenomena in sociopolitical and economic activities, reduces the level of national security and social protection of citizens. The presence of crisis phenomena leads to the need to make changes in the functioning of the most necessary industries such as health care facilities, educational services, state-owned enterprises, and industry. The phenomenon of corruption has a negative impact on the country's competitiveness, on its ability to fully meet the needs of its own citizens, which creates distrust not only of ordinary citizens but also of entrepreneurs. Based on this, identifying and preventing the influence of the main factors influencing the development of the anti-corruption policy of the state is quite relevant and important for solving the problems that have covered the activities of our country. In the course of the research, the approaches to understanding the essence of anti-corruption policy were generalized, measures were identified and priority areas for combating corruption were identified. It was found that the functioning of the process of democratic transformation in combating corruption contributes to the creation of a non-corrupt environment that promotes the progressive development of the country. Keywords: Corruption, corrupt activities, state anti-corruption policy, anti-corruption activities, public administration, public administration, public authorities.

State Anti-Corruption Policy in the System of Domestic Education as a Socio-Psychological Basis for the Preventing of Corruption and Corruption Crimes in Russia

В статье рассматривается государственная антикоррупционная политика и её роль в системе отечественного воспитательно-образовательного процесса, актуальность создания и внедрения предлагаемой автором единой государственной антикоррупционной воспитательно-образовательной программы (ЕГАВП) по предупреждению коррупции и коррупционных преступлений в России, которую необходимо проводить через отечественную образовательную систему. Здесь же обосновывается целесообразность внедрения такой программы в российский образовательный процесс и исследуются основные проблемы, стоящие на пути снижения уровня коррупции в данной социальной сфере. Ключевые слова: антикоррупционная политика, антикоррупционная программа, система образования, высшее образование, коррупционная преступность, коррупция, противодействие коррупции, предупреждение коррупции, взяточничество, получение взятки, дача взятки, посредничество во взяточничестве, единый процесс образования и воспитания, уголовная ответственность за коррупционные преступления и др.

State anti-corruption policy: concept, essence and general signs

State anti-corruption policy: concept, essence and general signs

Anti-corruption management in a government institution as an element of anti-corruption policy in Ukraine

It is noted that the increase in corruption crimes among employees of public institutions requires changes in approaches to anti-corruption policy in the management of the organization. It has been announced that it is expedient for anti-corruption management to enter state bodies in accordance with the state anti-corruption policy, using corruption risks, increasing public confidence in state bodies, and being implemented in various state bodies taking into account the specifics of each. Given the high urgency of the issue for Ukraine, there is a lack of scientific work to determine the best ways to solve problem situations. The purpose of the article is to analyze anti-corruption management in a public institution as one of the components of anti-corruption policy in Ukraine. Anti-corruption management is described as an element of strategic planning. It ` s role in the formation of a positive image, a strong business reputation of the state institution is considered. The directions of realization of the anti-corruption management system are presented. The interpretation of the concepts of «management» and «anti-corruption management» is presented. The tasks of anti-corruption management are listed and characterized. The importance of implementing the provisions of the anti-corruption management program for the development of corporate culture is described. The destructive phenomenon in anti-corruption management is considered – «frustrating tolerance», which negatively affects the formation of an effective management strategy. The importance of identifying corruption risks when planning anti-corruption measures is noted. The key aspects that need to be taken into account when identifying corruption risks in the organizational and managerial activities of a public institution are considered. The list of documents, the maintenance of which is necessary within the framework of anti-corruption management, is noted. The expediency of observing certain stages of the fight against corruption, taking into account the specifics of the public sector, is outlined. The system of compliance and its content are characterized as one of the most effective approaches to the implementation of anti-corruption management. The principles on which each of the groups of anti-corruption measures should be based are indicated. Emphasis is placed on the expediency of focusing anti-corruption management on the formation of a conscious attitude of each employee of a state institution to good behavior, quality and transparency of work, its governing bodies and the activities of its employees. A meaningful description of the content of the implementation of anti-corruption policy in personnel management through the prism of the formation of a negative attitude to corruption, training and implementation of measures to disseminate information on anti-corruption programs, includes the following system of measures . Options for organizing training and exchange of experience among employees of government agencies on the prevention of corruption in the performance of professional duties are considered. In conclusion, it should be noted that the issue of quality anti-corruption management for Ukrainian government agencies is a priority issue and requires the development of a system of effective measures taking into account the specifics of each sector.

АНТИКОРУПЦІЙНІ АСПЕКТИ ЯК РЕГУЛЯТОР РОЗВИТКУ ЗАЛІЗНИЧНОЇ ГАЛУЗІ

Rail transport plays a significant role in the life of the economic sector of the country. However, the existence of a significant number of negative factors violate the timing of the planned ways of its development. Among them, it is worth paying attention to the slow pace of adaptation of already adopted legislative initiatives, insufficiently substantiated taxation of services provided for the transportation of various goods and passengers (cross-subsidization) and problems arising from the transportation of privileged categories of citizens. Іncrease in the price of services provided, the presence of an inflation component, exchange rate fluctuations, etc. Despite the constant increase in the price of transportation services, the renewal of rolling stock and stationary railway transport is not carried out at a level that would help raise its quality level. This phenomenon is present in the operations of transportation of goods, luggage and passengers. There is a discrepancy between the growth rate of prices for rail transport services and their quality level. Among the additional negative factors should be noted the lack of funds for the renewal of rolling stock and its repair; inefficient financial planning and asset management of divisions; lack of working capital; low level of effective personnel planning and management; the threat of losing highly qualified employees, especially managers, due to reaching retirement age; lack of sufficient motivation for innovation and inventive activity; insufficient qualification of employees; possible resistance of personnel to organizational changes. There are also technical and technological problems. A significant part of the financial resources for the development of the domestic railway does not enter the process of cash flow formation due to the presence of corrupt actions carried out by individual representatives among the responsible persons. Representatives of the top management of the domestic railway must have an effective program of anti-corruption measures, but taking into account the legal framework that is already laid down in existing legislation. This study indicates the exacerbation of existing problems of the domestic railway, which requires immediate intervention at the macroeconomic and microeconomic level, as well as macro-legal and micro-legal level. The article reveals the problems of development of railway enterprises, determines the negative impact of corruption on its development, argues the need for anti-corruption measures that act as regulators of the development of the railway industry in the future. Outlines the content of the principles and substantiates the feasibility of their implementation in accordance with the Draft Law of Ukraine «On the Principles of State Anti-Corruption Policy for 2020–2024». Contains the author's proposal on the content of the conceptual categories «strategic anti-corruption intentions» and «anti-corruption event» and argues the benefits of their use by top management of the railway industry.

КОРРУПЦИя В СИСТЕМЕ ГОСУДАРСТВЕННОЙ ГРАЖДАНСКОЙ СЛУЖБЫ В ОБЩЕСТВЕННЫХ ОЦЕНКАХ (НА МАТЕРИАЛАХ РЕГИОНАЛЬНОГО ИССЛЕДОВАНИЯ)

The subject matter of the article is the study of public attitudes in Kemerovo Region-Kuzbass in relation to the problem of corruption which manifests itself in various areas of social relations, in particular, in the system of the state civil service. The aim of the study is to consider the current views on the problem of corruption and countering it in public assessments of the population of Kemerovo Region-Kuzbass. To solve this task statistical and monitoring data from federal research centres have been used, as well as the results of a regional sociological survey conducted by the authors in the municipal divisions of Kemerovo Region-Kuzbass. The methodological basis of the research has been formed by the systemic and neoinstitutional approaches along with the sociological survey. The article presents statistical data of federal sociological institutions (All-Russian Centre for the Study of Public Opinion, Public Opinion Foundation) for the past few years in assessing the problem of corruption by the population. In addition, Transparency International’s 2020 data on the level of perceptions of corruption in the Russian Federation are presented, which make it possible to draw attention to the problems in combating corruption and propose recommendations for improving the state anti-corruption policy. In designing the research questionnaire for their sociological survey, the authors adhere to the principle of problem-based assessment of the current situation regarding the issue of corruption, which has made it possible to evaluate the subject of the research from different angles and to focus on the most challenging issues. It is noted that the understanding of the term “corruption” in the civil service system is associated with the concept of “bribery”, the appropriation of resources and taking advantage of official position. Among the recommendations proposed, the authors would highlight the necessity to continue activities to strengthen measures of countering corruption, to make the work of officials more transparent, to enhance the information campaign among the population to provide information on the responsibility for illegal actions

Антикорупційна політика у сфері публічного управління соціальною галуззю в умовах децентралізації

The purpose of the study is to analyze the relationship between the reform of public decentralization in Ukraine in the field of social governance and anti-corruption policy, as well as to develop scientifically sound recommendations for improving legislation to prevent corruption in local government. Methodology. In the process of scientific research a set of philosophical and worldview, general scientific and special scientific methods was used. The axiological approach was used to clarify the role and importance of proper legislative regulation of the outlined social relations that arise in decision-making at the municipal level. The method of analysis and synthesis facilitated the analysis of the concept, features, object, parties and conditions of decentralization. Of the special scientific research methods used in the article, systemic and structural-functional, comparative-legal. Scientific novelty. It was emphasized that with the beginning of the reform of decentralization of public power, capable united territorial communities began to be created, capable of independently providing quality public services to the population, providing organizational and legal guarantees for their residents to exercise their constitutional right to social protection. It is stated that many positive transformations that are carried out in our state are leveled, first of all, at the local level due to the large-scale spread of corruption. Given the lack of a special strategic document on anti-corruption, the draft law analyzed the work of parliament on resolving the issue of anti-corruption strategy, in particular, attention was paid to the draft Law «On Principles of State Anti-Corruption Policy for 2020–20242. It has been proven that corruption negatively affects the state’s reputation in the international community, which hinders the attraction of foreign investment and poses a threat to domestic social and economic security. Due to the fact that fraud with budget funds causes obvious damage to the social functions of the state, corruption at the municipal level is often the most harmful, because it makes the most vulnerable segments of the population more vulnerable. It is determined that at the state level the legislative base is updated, concepts and programs of corruption prevention are adopted, own anti-corruption institutional model of organization of public administration is formed. It was stated that corruption continues to play a negative role in public administration, and the means and methods aimed at its prevention remain ineffective. Conclusions. Ways to increase the level of anti-corruption policy in the field of public management of the social sector in the context of decentralization are proposed. It was concluded that local self-government bodies should improve the current anti-corruption legislation by supplementing the list of entities that approve anti-corruption programs. Keywords: anti-corruption policy; social protection; decentralization; local self-government; public administration.

Methodology of implementation of the state criminal policy in the field of prevention and counteraction to economic crime in the context of interaction with other types of state policy

Today, the issue of cooperation is facing the processes of formation and implementation of state criminal policy in the field of prevention and combating economic crime. This issue is especially relevant for Ukraine and needs to be studied from the standpoint of public administration science. In view of this, the purpose of the study is to determine the methodology of state criminal policy in the field of prevention and combating economic crime in the context of interaction with other types of public policy. The types of economic crimes that are the greatest threats to national security have been identified. Each direction of state policy to combat economic crime is considered by the following most common types: unfair competition, legalization (laundering) of proceeds from crime and terrorist financing, raiding, misuse of budget funds, tax evasion, corruption) sectors of public administration. It is proved that the process of prevention and counteraction of unfair competition is realized through various types of state policy, namely: state anti-corruption policy, state competition policy and state investment policy. It is determined that corruption can penetrate all spheres of public life and be a source of a set of risks in the economic, social, political and legal systems, the consequences of which are a low level of national security and can cause danger at the regional and international levels. For each type of economic crime, the types of state policy are defined: anti-terrorist policy; investment policy; competition policy; monetary policy; budget policy; fiscal policy; anti-corruption policy; state criminal policy. The conclusions substantiate the peculiarities of the implementation of state policy in terms of preventing and combating economic crime, which is the basis for the formation of its conceptual and methodological provisions.