Effectiveness of international legal instruments to combat corruption
The implementation of international practices of combating corruption and to improve the efficiency of legal mechanisms and instruments for combating corruption in all spheres of the state’s life. Ways to assess the level of corruption perception.
| Рубрика | Государство и право |
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| Язык | английский |
| Дата добавления | 09.12.2024 |
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National Academy of Internal Affairs
Dnipro State University of Internal Affairs
Effectiveness of international legal instruments to combat corruption
Volodymyr Kostiuk PhD in Law, Senior Researcher
Iryna Drok PhD in Law, Associate Professor
Kyiv Dnipro
Abstract
corruption international legal state
The relevance of this study is argued by the need to implement international practices of combating corruption and to improve the efficiency of legal mechanisms and instruments for combating corruption in all spheres of the state's life. The purpose of this study was to conduct a comprehensive investigation of the effectiveness of international legal instruments for combating corruption in Ukraine. To fulfil this purpose, it was necessary to perform the following tasks: to identify international legal instruments for fighting corruption; to investigate ways to assess the level of corruption perception in the world; to determine the progress in the fight against corruption in Ukraine; to identify problems that prevent the increase of the corruption perception index in Ukraine; to develop tools for improving the level of combating corruption in Ukraine. The principles of dialectics served as the basis of the methodological framework of the study, which included such general scientific and special legal cognition methods as comparative legal, formal legal, analysis, and synthesis. Based on the analysis of secondary sources, the study established the significance of analysing and classifying the definition of international legal instruments for combating corruption and ways of assessing the level of perception of corruption in the world. The analysis of statistical data and sociological surveys helped to establish the progress of the fight against corruption in Ukraine, which is reflected in the concrete data of monitoring the level of perception of corruption in Ukraine. The emphasis was placed on a systematic approach to identifying the problems that hinder the improvement of the corruption perception index in Ukraine. Using the comparative legal method, the study compared the provisions of Ukrainian and international legislation directly related to the issues of combating corruption and its manifestations. The conclusions of the study were formulated, with propositions of concrete tools for improving the level of combating corruption in Ukraine by improving the activities of state structures. The study reviewed and analysed relevant scientific articles of Ukrainian and foreign researchers. The practical significance of this study lies in the possibility of using its findings in the activities of Ukrainian state bodies, considering the international experts' assessment of the effectiveness of the anti-corruption instruments already applied
Keywords: international norms; anti-corruption measures; corruption perception index; recommendations; reforms
Анотація
Ефективність міжнародних правових інструментів боротьби з корупцією
Володимир Костюк Кандидат юридичних наук, старший науковий співробітник Національна академія внутрішніх справ, м. Київ,
Ірина Дрок Кандидат юридичних наук, доцент Дніпровський державний університет внутрішніх справ, м. Дніпро
Актуальність статті обґрунтована необхідністю імплементації міжнародних практик протидії виявам корупції, підвищення ефективності оперування правовими механізмами й інструментами боротьби з корупцією в усіх сферах життєдіяльності держави. Метою статті є комплексне дослідження ефективності міжнародних правових інструментів боротьби з корупцією в Україні. Для досягнення поставленої мети виникла потреба виконати завдання, що стосуються визначення міжнародно-правових інструментів боротьби з корупцією; дослідження способів оцінювання рівня сприйняття корупції у світі; з'ясування прогресу боротьби з корупцією в Україні; визначення проблем, які перешкоджають підвищенню індексу сприйняття корупції в Україні; розроблення інструментів підвищення рівня боротьби з корупцією в Україні. Принципи діалектики були основою методологічної конструкції дослідження, яка охоплювала такі загальнонаукові та спеціально-юридичні методи дослідження, як порівняльно-правовий, формально-юридичний, аналізу й синтезу. На основі аналізу вторинних джерел було встановлено важливість аналізу та класифікації визначення міжнародно- правових інструментів боротьби з корупцією і способів оцінювання рівня сприйняття корупції у світі. Аналіз статистичних даних і соціологічних досліджень дав змогу встановити прогрес боротьби з корупцією в Україні, що знайшов своє вираження в конкретних даних моніторингу рівня сприйняття корупції в Україні. Було акцентовано на системному підході до виявлення проблем, які стоять на заваді підвищенню індексу сприйняття корупції в Україні. За допомогою порівняльно-правового методу було зіставлено положення українського й міжнародного законодавства, що безпосередньо стосуються питань протидії корупції та її виявам. Сформульовано висновки наукової роботи, на підставі яких запропоновано конкретні інструменти підвищення рівня боротьби з корупцією в Україні шляхом удосконалення діяльності державних структур. У процесі вивчення порушеного питання використано та проаналізовано відповідні наукові праці українських і зарубіжних дослідників. Практичне значення здійсненого дослідження полягає в можливості використання цих висновків у діяльності державних органів України, з огляду на оцінку міжнародних експертів результативності вже застосованих інструментів протидії корупції
Ключові слова: міжнародні норми; заходи протидії корупції; індекс сприйняття корупції; рекомендації; реформування
Introduction
The principal vector of Ukraine's foreign policy is its European integration, which involves systematic reforms in various areas following the norms and standards of the European community. One of the key challenges in implementing the EU's requirements for Ukraine is systemic corruption in the public and private sectors of Ukraine. This is a pervasive phenomenon that permeates Ukrainian society, threatens national security, violates the Constitution and social order, and is one of the reasons for the growth of Ukraine's shadow economy. It has penetrated the institutions of government, the party system, and civil society. Manifestations of corruption affect all aspects of public life, contribute to the spread of organised crime and generate social tension, and call into question the ability of the authorities to implement measures aimed at overcoming the systemic crisis and promoting positive development of Ukraine, including organisational and practical actions. International legal instruments were used for many years to counteract corruption in Ukrainian society based on international agreements and relations, and their effectiveness ensures the gradual overcoming of this phenomenon. However, the pace of such activities does not match the efforts expended. That is why the study is relevant, considering the urgency of addressing the issue of fighting corruption, which is becoming an obstacle to joining the international community, the full development of Ukrainian society, and even the prompt resolution of the armed conflict.
Z. Semchuk et al. (2018) argue that corruption is a phenomenon that continues to evolve, change, and adapt to the legislative, social, and state conditions of development, but its essence and negative consequences have not changed. The transformation processes of corruption should be predicted and prevented by appropriate state instruments adapted to the needs of the present. L. Hbur (2020) emphasises that effective anti-corruption requires a scientific concept of its prevention. J. Barafi et al. (2022) investigated anti-corruption mechanisms in international law and national legislation of Jordan and Iraq, which is interesting in the context of understanding that Jordan is also a developing country, like Ukraine. V. Holovachko et al. (2019) reviewed the existing provisions in the field of preventing and combating corruption in Romania, Hungary, Slovakia, and Ukraine, and compared the methods of preventing corruption employed in these countries.
M. Kirzhetska & Yu. Kirzhetskyy (2023) thoroughly investigated the main areas of legalisation of economic processes, i.e., bringing public finances of Ukraine out of the shadow. B. Lohvynenko et al. (2022) emphasised the benefits of using electronic trading systems and the application of control measures over public procurement procedures as appropriate tools for preventing corruption. I. Ada- ma & M. Fazekas (2021) reviewed the state of the evidence on the role of new technologies in the fight against corruption, conducting a comprehensive analysis of the impact of information and communication technology tools on corruption, offering a detailed and context-specific assessment.
F. Ceschel et al. (2022), based on a literature review, concluded that corruption prevention strategies should be implemented on an ongoing basis and adapted to the local context. A. Bowra et al. (2022) analyse the anti-corruption activities of international organisations, combining elements of content analysis and thematic analysis. R.Yu. Polovynkina (2019) emphasises that the key role of international organisations in the fight against corruption is to develop policies that contribute to solving social, economic, and environmental problems in concrete states. V. Topchii et al. (2021) also investigated international anti-corruption standards and the specific features of their application in Ukraine.
B. Olmos Giupponi & H.L. Yu (2022) analysed the obstacles and challenges in fighting corruption directly in cases of illegal investment, assessing the effectiveness of the international investment arbitration regime in fighting corruption. L. Marchuk & V. Yakovlev (2023) studied the areas of economic development in a state under martial law. O.A. Ul- iutina (2021) researched such an anti-corruption tool as the institution of a specialised anti-corruption prosecutor's office in Ukraine and compared it with the legal support of the institution of anti-corruption prosecutor's office in foreign countries. F. Ceschel et al. (2022), reviewing the scientific literature, concluded that it is necessary to apply measures aimed specifically at preventing corruption, i.e., measures aimed at avoiding the occurrence of corrupt behaviour in the organisational context. The positions of researchers are appropriate and should be considered in the activities of Ukraine's state bodies and its political course. At the same time, most scientific research is aimed at developing various anti-corruption measures, rather than assessing the effectiveness of the measures already in place, which is necessary to provide reasoned scientific recommendations.
The purpose of this study was to analyse the effectiveness of international legal instruments for combating corruption in Ukraine with a view to finding promising ways to counteract the phenomenon considering foreign practices. The objectives of the study were to assess the state of perception of corruption in Ukraine in state-building and on the path towards European integration in comparison with other foreign countries; to analyse the effectiveness of anti-corruption measures recommended by international organisations; and to identify further ways to combat corruption in Ukraine.
Materials and Methods
The study employed a set of methods of scientific cognition. The principles of dialectics underlay the methodological framework of this study and outlined a strategy for determining the effectiveness of international legal instruments to combat corruption in Ukraine. The methods of analysis, classification, and the systemic-structural method were used to identify international legal instruments for combating corruption and ways to assess the level of perception of corruption in the world. Statistical and sociological methods helped to determine the progress of the fight against corruption in Ukraine based on concrete data from the monitoring of the level of perception of corruption in Ukraine. Therewith, the systematic approach helped to identify the issues preventing the improvement of the corruption perception index in Ukraine. The comparative legal method helped to compare the provisions of Ukrainian and international anti-corruption legislation. The functional method helped to propose tools to enhancing the level of combating corruption in Ukraine by improving the activities of state structures. The generalisation method was used to formulate the conclusions of the study.
The study also employed and analysed relevant scientific articles of Ukrainian and foreign researchers on the subject under investigation. The conclusions drawn in previous studies have become the basis for comprehensive research of the effectiveness of anti-corruption in Ukraine. Furthermore, public information from official representations of state and international bodies and organisations provided the basis for the conclusions. The study analysed the websites of the Council of Europe (Second Compliance Report of Ukraine, 2022; Interim compliance report of Ukraine, 2023), the Prosecutor General's Office (2023), Transparency International (2023; 2024), the Jordanian Integrity and Anti-Corruption Commission The National Integrity and Anti-Corruption Strategy 2020-2025 (updated). (2005, June). Retrieved from https://jiacc.gov.jo/EBV4.0/ Root_Storage/AR/EB_Blog/JIACC_Strategy_2020-2025_English.pdf.
2 Criminal Law Convention on Corruption. (1999, January). Retrieved from https://rm.coe.int/168007f3f5.
3 Civil Law Convention on Corruption. (1999, November). Retrieved from https://rm.coe.int/168007f3f6.
4 Resolution of the Council of Europe No. (97)24 “On the Twenty Guiding Principles for the Fight Against Corruption”. (1997, November). Retrieved from https://rm.coe.int/16806cc17c.
5 Recommendation of the Committee of Ministers to Member states No. R(2000)10 “On Codes of Conduct for Public Officials”. (2000, May). Retrieved from https://rm.coe.int/16805e2e52.
6 Recommendation of the Committee of Ministers to member states No. R(2003)4 “On Common Rules Against Corruption in the Funding of Political Parties and Electoral Campaigns”. (2003, April). Retrieved from https://rm.coe.int/16806cc1f1.
7 Law of Ukraine No. 1700-VII “On Prevention of Corruption”. (October, 2014). Retrieved from https://zakon.rada.gov.ua/laws/ show/1700-18#Text.
8 Law of Ukraine No. 2322-IX “On the Principles of State Anti-Corruption Policy for 2021-2025”. (2022, June). Retrieved from https:// zakon.rada.gov.ua/laws/show/2322-20#Text.
9 Resolution of the Cabinet of Ministers of Ukraine No. 220 “On the Approval of the State Anti-corruption Program for 2023-2025”. (2023, March). Retrieved from https://zakon.rada.gov.ua/laws/show/220-2023-%D0%BF#Text.
10 UK Anti-corruption Strategy 2017 to 2022. (2017, December). Retrieved from https://assets.publishing.service.gov.uk/
media/5a829eb7e5274a2e87dc21f0/6_3323_Anti-Corruption_Strategy_WEB.pdf., etc. Public information on the implementation of anti-corruption instruments in Ukraine was investigated, specifically, the websites Prozorro (What is Prozorro, 2023), eHealth (CIET Holding, 2024), Spending (Ministry of Finance of Ukraine, 2024). The regulatory framework of this study included international legal acts (Criminal Law Convention on Corruption2, Civil Law Convention on Corruption3, On the Twenty guiding principles for the fight against corruption4, Model Code of Conduct for Civil Servants5, Uniform rules for combating corruption in the financing of political parties and election campaigns6, etc.), anti-corruption legislation of Ukraine (Law of Ukraine “On Prevention of Corruption”7, Anti-corruption strategy8, State anti-corruption program9, etc.), and some other states (e.g., anti-corruption strategies of Great Britain10, Vietnam Drafting a National Anti-corruption Strategy for Vietnam. (2008, September). Retrieved from https://www.u4.no/publication/drafting- a-national-anti-corruption-strategy-for-vietnam.pdf.
12 The National Integrity and Anti-Corruption Strategy 2020-2025 (updated). (2005, June). Retrieved from https://jiacc.gov.jo/EBV4.0/ Root_Storage/AR/EB_Blog/JIACC_Strategy_2020-2025_English.pdf.
13 National Anti-corruption Strategy 2019-2022. (2019, January). Retrieved from https://sherloc.unodc.org/cld//treaties/strategies/ egypt/egy0001s.html?lng = en&tmpl = sherloc.
14 Republic of Armenia Anti-corruption Strategy and Implementation Action Plan. (2001, January). Retrieved from https://www.gov. am/files/docs/74.pdf., Jordan12, Egypt13, Armenia14, etc.), as well as regulations that determine the administrative legal status of certain bodies of the state and judicial branches of the government of Ukraine, which affects the effectiveness of the fight against corruption and the effectiveness of the international tools used to combat it. This approach helped to obtain the most complete understanding of the definition of the content and guarantees of the implementation of the principles under study. To obtain reliable research results, the use of these methods is interrelated and interdependent.
Results and Discussion
The goal of international organisations in the fight against corruption is to pursue policies that promote prosperity, equality of opportunity and well-being for countries, civil society, and the population. In cooperation with governments, political leaders and society, international organisations work together at meetings and scientific events to set international standards and develop sound social, economic, and environmental solutions that have an impact on reducing corruption risks. These measures include improving economic welfare, increasing employment, developing high-quality new education and combating tax evasion offences on a global scale. International institutions are making every effort to combat corruption through national commitments, voluntary agreements with firms, the development of national anti-corruption laws, the introduction of licensing of firms to prevent unauthorised payments, the creation of codes of conduct, and the ratification of international legal instruments to combat corruption.
One of these international organisations is the Council of Europe, which implements anti-corruption measures in three interrelated areas: creating European standards, monitoring their implementation, and providing technical support to countries and regions. The Council of Europe has developed a range of international legal documents in this area, including the Criminal Law Convention on Corruption1, the Civil Law Convention on Corruption Criminal Law Convention on Corruption. (1999, January). Retrieved from https://rm.coe.int/168007f3f5. Civil Law Convention on Corruption. (1999, November). Retrieved from https://rm.coe.int/168007f3f6., On the Twenty guiding principles for the fight against corruption Resolution of the Council of Europe No. (97)24 “On the Twenty Guiding Principles for the Fight Against Corruption”. (1997, November). Retrieved from https://rm.coe.int/16806cc17c., Codes of Conduct for Public Officials Recommendation of the Committee of Ministers to Member States No. R(2000)10 “On Codes of Conduct for Public Officials”. (2000, May). Retrieved from https://rm.coe.int/16805e2e52., and Common Rules Against Corruption in the Funding of Political Parties and Electoral Campaigns Recommendation of the Committee of Ministers to Member States No. R(2003)4 “On Common Rules Against Corruption in the Funding of Political Parties and Electoral Campaigns”. (2003, April). Retrieved from https://rm.coe.int/16806cc1f1.. The implementation of these documents is monitored by the Council of Europe Group of States against Corruption (GRECO), which is one of the key international organisations that aims to help states overcome corruption by setting anti-corruption standards in the work of public authorities and monitoring their compliance with the standards Authorising the Partial and Enlarged Agreement Establishing The Group of States Against Corruption - GRECO. (1998, May). Retrieved from https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId = 09000016806cd24f.. Since 2019, the Ukrainian delegation has been taking part in the work of GRECO and coordinating Ukraine's activities aimed at improving the national anti-corruption policy, implementing legislative, institutional, and operational measures. When assessing the progress of Ukraine in meeting the requirements for full membership in the European Union, the European Commission will consider the state of implementation of GRECO recommendations.
It is positive that Ukraine continues to work towards fulfilling GRECO's requirements for implementing transformational anti-corruption measures even amidst the introduction of martial law (Second compliance report..., 2022). Such a policy is positively perceived by international partners and is factored in when determining the level of corruption perception in Ukraine. Specifically, GRECO representatives emphasise the need to improve the regulation of problematic issues related to conflicts of interest among MPs arising from legal restrictions on engaging in prohibited activities, including entrepreneurship, ensuring the inviolability of the status of judges, regulating the career development process in the prosecution service, and introducing effective means of raising awareness of the morality of MPs themselves (Interim compliance report..., 2023).
It is worth highlighting such organisations that are making attempts to overcome corruption as the European Union Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee No. COM/2003/0317 final “On a Comprehensive EU Policy Against Corruption”. (May, 2003). Retrieved from https://eur-lex.europa. eu/legal-content/EN/TXT/?uri = celex%3A52003DC0317, as well as international organisations such as the Organisation of American States (United Nations Convention Against Corruption United Nations Convention Against Corruption. (2003, October). Retrieved from https://www.unodc.org/documents/brussels/UN_ Convention_Against_Corruption.pdf.), the Global Coalition for Africa (On the Twenty Guiding Principles for the Fight Against Corruption Resolution of the Council of Europe No. (97)24 “On the Twenty Guiding Principles for the Fight Against Corruption”. (1997, November). Retrieved from https://rm.coe.int/16806cc17c.), etc. Considering the activities aimed at combating and preventing corruption within these international organisations, one of the key trends can be identified - anti-corruption agreements strengthen political commitments to fight corruption and define fundamental international norms and procedures for combating this phenomenon. This confirms the interest of the international community in fighting corruption at the national level and in the global context. In other words, international organisations act as a guideline for state policy and the work of Ukrainian government agencies in the fight against corruption, carrying out their activities in a systematic and comprehensive manner, accommodating the objective situation in the country and the factors influencing the effectiveness of the proposed measures.
The sustainability of anti-corruption processes in Ukraine is often based on the cooperation of the community, business, and the state. This is most clearly manifested in innovative solutions that not only help the state to eliminate the possibility of influencing certain processes through corruption, but also serve as a positive example for other countries to follow. There are several key international legal mechanisms to counteract corruption in Ukraine, which have already been applied in other countries and proved to be effective (E-Government Development Index, 2024). Prozorro is an electronic tool for public procurement, an electronic platform where businesses and public sector organisations seeking to place procurements issue tenders for the purchase of certain goods, works, and services. At the same time, entrepreneurs and organisations compete in tenders to get the opportunity to receive these goods and provide services to the state. This system allows observing where citizens' financial contributions are spent. Since the launch of the Prozorro system, over 15 million deals worth UAH 4.3 trillion have been announced. In 2020, Pro- zorro was recognised as the most transparent public sector procurement platform in the world. Prozor- ro-sale is a state-owned joint-stock company owned and operated by the Ministry of Economy, which is an online auction system for the sale and lease of property. As of the beginning of 2024, sales and leases at Prozorro-sale auctions brought more than UAH 83 billion to the state budget of Ukraine and local budgets of various levels (What is Prozorro, 2023).
eHealth is an electronic healthcare system that automates the recording of medical services and manages medical information in electronic form. The eHealth system includes the main database with the relevant registers and the information system of the National Health Service of Ukraine, and medical information systems that automatically exchange data. Using eHealth (CIET Holding, 2024), citizens can make appointments with doctors online and receive an electronic prescription for medicines. Furthermore, an electronic medical record is available. Proceeding from this, corruption is minimised when patients receive medical services.
“Spending” is the only source of information on the use of public funds, an official resource that publishes data on public finances following the Law of Ukraine No. 183-VIH1. This resource provides access to information on transactions of spending units, including amounts, purposes, and recipients (Ministry of Finance of Ukraine, 2024). E-declaration is an electronic system of the Unified State Register of Declarations of Persons Authorised to Perform the Functions of the State or Local Self-Government, using which one can search for declarations of concrete persons and view them according to the selected filters: by the last name, first name, or patronymic of the declarant, sort documents by type, year of submission, type and category of position, as well as see declarations of all persons who hold positions with a high level of corruption risks or a responsible (especially responsible) position (National Agency for the Prevention of Corruption, 2024). In September 2023, the mandatory electronic declaration in Ukraine, which had been suspended since the beginning of martial law, was resumed Law of Ukraine No. 183-VIII “On Openness of the Use of Public Funds”. (2015, February). Retrieved from https://zakon.rada.gov.ua/ laws/show/183-19/ed20150211#Text. Law of Ukraine No. 3384-IX “On Amendments to Some Laws of Ukraine on Defining the Procedure for Submitting Declarations of Persons Authorised to Perform the Functions of the State or Local Self-Government in Martial Law Conditions”. (2023, September). Retrieved from https://zakon.rada.gov.ua/laws/show/3384-20#Text., including previously undeclared periods (2021-2023). In other words, this tool for combating corruption in Ukraine is also being used effectively, despite the continuation of martial law on its territory. This tool is effective, considering the possibility of public monitoring of the property status of persons authorised to perform the functions of the state or local self-government, including members of parliament, ministers, judges, etc. This helps to identify grounds for investigations into the illicit enrichment of individuals and other illegal corruption.
Summarising the most effective international legal means of combating corruption in Ukraine, the following conclusions can be drawn. The identified tools meet the requirements of the modern world and the highest achievements of e-government, which determines their relevance and timeliness. All instruments make provision for compliance with the principle of openness of the state's financial flows. Furthermore, all the tools are in electronic form, which ensures their publicity and the efficiency of information receipt and processing. The use of these tools facilitates the possibility of public control over the finances of the state and civil servants. The use of the proposed anti-corruption tools eliminates the possibility of a corrupt component, such as an intermediary.
Apart from these tools, it is worth emphasising the need for rulemaking, transformation of the functioning of state bodies, increased transparency of personnel policy, etc. All the steps taken by Ukraine are clearly monitored and evaluated by the international community, which is then digitally translated into an annual report. The global Corruption Perceptions Index (CPI) is an internationally recognised index developed by Transparency International through the regular use of expert opinions on the level of corruption in a particular country. The index is regarded as the most comprehensive and reliable corruption measurement (Voyer & Beamish, 2004), along with analogous instruments such as the World Bank's Corruption Monitor (Judge et al., 2011).
CPI expresses the views of entrepreneurs, capital investors, market researchers, etc. The composite index reflects the position of private sector businesspeople and the level of corruption in the public sector. The European Commission positively noted the methodology for determining the composite index and gave it a positive stamp. The CPI reflects experts' perceptions of corruption in the public sector, including bribery; theft of material assets; nepotism in the public sector; seizure of state power; the ability of government officials to apply integrity algorithms; inevitable prosecution of corruption-related offences; unnecessary bureaucratic restrictions; availability of an adequate legal framework for disclosure of financial data, prevention of conflicts of interest and access to relevant information; implementation of legislation on the protection of whistleblowers, reporters, and procedural persons (Transparency International, 2024).
There are also other ways to measure corruption, such as testing the level of corruption in a country before and after countermeasures are implemented to test the effects of fighting corruption over time, as well as the results of responding to it by introducing changes in globalisation and development levels (Aissaoui & Fabian, 2022): The causal KOF-CPI model (M5) estimates the cross-country paths from globalisation and corruption to development, together with the reciprocal effects between globalisation and corruption; the inverse KOF-CPI model (M6) tests the reverse effects of development towards globalisation and corruption; the reciprocal KOF-CPI model, which combines M5 and M6, is fully saturated; the hypothetical model (M7) includes pathways identified by prevailing perspectives that suggest that globalisation affects both corruption and development; corruption affects both globalisation and development; and development affects both corruption and globalisation. In other words, theoretical calculations of the impact of corruption on society and the state continue, although their practical significance has not yet been widely applied. That is why identifying ways to increase the Corruption Perceptions Index stays a priority of Ukraine's state policy as a factor influencing the decisions of the European Union.
Considering this value of the index, it is necessary to analyse the indicators of corruption perception in the countries that became members of the European Union in the 21st century. The following countries were selected for comparison with Ukraine's indicators: Croatia (EU member since 2013); Romania (since 2007); Bulgaria (since 2007); Poland (since 2004); Latvia (since 2004); Lithuania (since 2004); Estonia (since 2004); Slovenia (since 2004); Slovakia (since 2004); Czech Republic (since 2004); Hungary (since 2004). The statistics presented in Table 1 show that the results of combating corruption in these countries are generally an order of magnitude higher than in Ukraine. In 2023, Ukraine was at the same level of corruption perception as Croatia, Bulgaria, Latvia, and Slovakia in 2000. At the time of accession to the European Union, Croatia's corruption perception index was 48; Romania's was 3.7 (37 according to the measurement method established in 2012); Bulgaria's was 4.1 (41); Poland's - 3.5 (35); Latvia's - 4 (40); Lithuania's - 4.6 (46); Estonia's - 6 (60); Slovenia's - 6 (60); Slovakia's - 4 (40); Czech Republic's - 4.2 (42); Hungary's - 4.8 (48); average - 4.08 (40.8). Ukraine has been gradually and steadily increasing its Corruption Perceptions Index, with annual increases every year. The data in Table 1 show that the growth of the Ukrainian index is in line with global trends, and in some cases even exceeds them (e.g., the average growth rate of the corruption perception index in the countries that became EU members in the 21st century is 1.4% compared to 4.4% in Ukraine), but in absolute terms, as of 2023, the indicators were insufficient for a country seeking to join the European community, as in 2000 Ukraine had the lowest index in the sample - 1.5 (15). Predicting the effectiveness of further anti-corruption measures taken by Ukrainian state authorities, it is possible to assert that the proper level of perception of corruption has been achieved, which will allow Ukraine to become a member of the European Union in the near future (two to three years at the current growth rate), based on the history of its European neighbours.
The increase in this indicator by ten positions confirms the existence of positive changes in Ukrainian society. A more detailed analysis of the presented statistics suggests a gradual increase in the fight against corruption in Ukraine in 2012-2017 and relative stability in the global ranking of Ukraine in 2018-2022. Periods of state transformation and the introduction of anti-corruption mechanisms coincide with periods of improvement in Ukraine's global CPI score. For instance, the largest increase in the index was by three positions in 2020. This result was achieved due to the introduction of the High Anti-Corruption Court in Ukraine with the appropriate jurisdiction (Romanenko, 2019), as well as the reorganisation of the National Agency for the Prevention of Corruption1. The biggest pullback occurred the day before. In 2019, the index dropped by two points due to the failure to implement most of the recommendations of the international community on the use of anti-corruption tools (Transparency International Ukraine, 2020).
Table 1
Corruption Perceptions Index in the Countries that Became Members of the European Union in the 21st century
|
Corruption Perceptions Index |
Croatia |
Romania |
Poland |
Bulgaria |
Latvia |
Lithuania |
Estonia |
Slovakia |
Slovenia |
Czech Republic |
Hungary |
Ukraine |
|
|
2000 |
3.7 |
2.9 |
4.1 |
3.5 |
3.4 |
4.1 |
5.7 |
3.5 |
5.5 |
4.3 |
5.2 |
1.5 |
|
|
2001 |
3.9 |
2.8 |
4.1 |
3.9 |
3.4 |
4.8 |
5.6 |
3.7 |
5.2 |
3.9 |
5.3 |
2.1 |
|
|
Corruption Perceptions Index |
Croatia |
Romania |
Poland |
Bulgaria |
Latvia |
Lithuania |
Estonia |
Slovakia |
Slovenia |
Czech Republic |
Hungary |
Ukraine |
|
|
2002 |
3.8 |
2.6 |
4 |
4 |
3.7 |
4.8 |
5.6 |
3.7 |
6 |
3.7 |
4.9 |
2.4 |
|
|
2003 |
3.7 |
2.8 |
3.6 |
3.9 |
3.8 |
4.7 |
5.5 |
3.7 |
5.9 |
3.9 |
4.8 |
2.3 |
|
|
2004 |
3.4 |
2.9 |
3.5 |
4.1 |
4 |
4.6 |
6 |
4 |
6 |
4.2 |
4.8 |
2.2 |
|
|
2005 |
3.4 |
3 |
3.4 |
4 |
4.2 |
4.8 |
6.4 |
4.3 |
6.1 |
4.3 |
5 |
2.6 |
|
|
2006 |
3.5 |
3.1 |
3.7 |
4 |
4.7 |
4.8 |
6.7 |
4.7 |
6.4 |
4.8 |
5.2 |
2.6 |
|
|
2007 |
4.1 |
3.7 |
4.2 |
4.1 |
4.8 |
4.8 |
6.5 |
4.9 |
6.6 |
5.8 |
5.3 |
2.7 |
|
|
2008 |
4.4 |
3.8 |
4.6 |
3.6 |
5 |
4.6 |
6.6 |
5 |
6.7 |
5.2 |
5.1 |
2.5 |
|
|
2009 |
4.1 |
3.8 |
5 |
3.8 |
4.5 |
4.9 |
6.6 |
4.5 |
6.6 |
4.9 |
5.1 |
2.2 |
|
|
2010 |
4.1 |
3.7 |
5.3 |
3.6 |
4.3 |
5 |
6.5 |
4.3 |
6.4 |
4.6 |
4.7 |
2.4 |
|
|
2011 |
4 |
3.6 |
5.5 |
3.3 |
4.2 |
4.8 |
6.4 |
4 |
5.9 |
4.4 |
4.6 |
2.3 |
|
|
2012 |
46 |
44 |
58 |
41 |
49 |
54 |
64 |
46 |
61 |
49 |
55 |
26 |
|
|
2013 |
48 |
43 |
60 |
41 |
53 |
57 |
68 |
47 |
57 |
48 |
54 |
25 |
|
|
2014 |
48 |
43 |
61 |
43 |
55 |
58 |
69 |
50 |
58 |
51 |
54 |
26 |
|
|
2015 |
51 |
46 |
63 |
41 |
56 |
59 |
70 |
51 |
60 |
56 |
51 |
27 |
|
|
2016 |
49 |
48 |
62 |
41 |
57 |
59 |
70 |
51 |
61 |
55 |
48 |
29 |
|
|
2017 |
49 |
48 |
60 |
43 |
58 |
59 |
71 |
50 |
61 |
57 |
45 |
30 |
|
|
2018 |
48 |
47 |
60 |
42 |
58 |
59 |
73 |
50 |
60 |
59 |
46 |
32 |
|
|
2019 |
47 |
44 |
58 |
43 |
56 |
60 |
74 |
50 |
60 |
56 |
44 |
30 |
|
|
2020 |
47 |
44 |
56 |
44 |
57 |
60 |
75 |
49 |
60 |
54 |
44 |
33 |
|
|
2021 |
47 |
45 |
56 |
42 |
59 |
61 |
74 |
52 |
57 |
54 |
43 |
32 |
|
|
2022 |
50 |
46 |
55 |
43 |
59 |
62 |
74 |
53 |
56 |
56 |
42 |
33 |
|
|
2023 |
50 |
46 |
54 |
45 |
60 |
61 |
76 |
54 |
56 |
57 |
42 |
36 |
|
|
Average growth rate |
1.5% |
2% |
1.3% |
1.3% |
2.6% |
1.8% |
1.3% |
2.0% |
0.2% |
1.5% |
-0.8% |
4.4% |
Source: Transparency International (2020)
The increase in Ukraine's Corruption Perceptions Index by three points in 2023 (Table 1) indicates that the government is trying to fulfil its commitments to fight corruption and move closer to international standards. In 2023, Ukraine's result is one of the most successful indicators for this period in the world, despite the duration of the armed conflict on its territory. This result was achieved through the adoption and implementation of the Anti-Corruption Strategy Resolution of the Cabinet of Ministers of Ukraine No. 458 “On the Approval of the Criteria and Methodology for Evaluating the Effectiveness of the National Agency for the Prevention of Corruption”. (May, 2020). Retrieved from https://zakon.rada.gov.ua/laws/ show/458-2020-%D0%BF#Text. Law of Ukraine No. 2322-IX “On the Principles of State Anti-corruption Policy for 2021-2025”. (2022, June). Retrieved from https:// zakon.rada.gov.ua/laws/show/2322-20#Text. Resolution of the Cabinet of Ministers of Ukraine No. 220 “On the Approval of the State Anti-corruption Program for 2023-2025”. (2023, March). Retrieved from https://zakon.rada.gov.ua/laws/show/220-2023-%D0%BF#Text. and the State Anti-Corruption Programme3, i.e., statutory-level regulation and coordination of the activities of all public authorities aimed at overcoming corruption. The UN Convention against Corruption1, which has been ratified by Ukraine, points to the coordination of such actions as a necessary condition for effective counteraction to corruption. Formulation of an anti-corruption strategy can be identified as the crucial means of ensuring appropriate coordination, which has gained popularity. Analogous anti-corruption strategies are used by some governments in different regions of the world and levels of economic and social development: United Kingdom United Nations Convention Against Corruption. (2003, October). Retrieved from https://www.unodc.org/documents/brussels/UN_ Convention_Against_Corruption.pdf. UK Anti-Corruption Strategy 2017 to 2022. (2017, December). Retrieved from https://assets.publishing.service.gov.uk/media/5a829eb7e5274a2e87dc21f0/6_3323_Anti-Corruption_Strategy_WEB.pdf., Vietnam Drafting a National Anti-corruption Strategy for Vietnam. (2008, September). Retrieved from https://www.u4.no/publication/drafting- a-national-anti-corruption-strategy-for-vietnam.pdf., Jordan The National Integrity and Anti-Corruption Strategy 2020-2025 (updated). (2005, June). Retrieved from https://jiacc.gov.jo/EBV4.0/ Root_Storage/AR/EB_Blog/JIACC_Strategy_2020-2025_English.pdf., Romania, Egypt National anti-corruption strategy 2019-2022. (2019, January). Retrieved from https://sherloc.unodc.org/cld//treaties/strategies/ egypt/egy0001s.html?lng = en&tmpl = sherloc., Armenia Republic of Armenia Anti-corruption Strategy and Implementation Action Plan. (2001, January). Retrieved from https://www.gov.am/ files/docs/74.pdf., etc.
The second reason for Ukraine's rise in the ranking was the intensification of detentions and investigations of criminal cases for committing corruption offences on a large scale. The exposure of criminals who committed illegal corruption in the defence sector of Ukraine and the provision of supplies to the military caused particular public outrage (Pavle- nok, 2023). However, the law enforcement agencies of Ukraine still face many challenges, as exemplary arrests of corrupt criminals are rare.
According to the official public statistics of the Office of the Prosecutor General of Ukraine, in 2023, the Prosecutor General's Office recorded 14,820 crimes committed by officials of various levels, in various areas of their professional activity, while providing public services (General Prosecutor's Office, 2023). Among these crimes, the largest number of cases were documented under the following offences in the Criminal Code of Ukraine Criminal Code of Ukraine. (2001, April). Retrieved from https://zakon.rada.gov.ua/laws/show/2341-14#Text.: abuse of power or position (Article 364) - 2,983 cases; abuse of power or authority by a law enforcement officer (Article 365) - 1,256 cases; abuse of authority by persons providing public services (Article 365-2) - 227 cases; forgery in office (Article 366) - 4,335 cases; negligence in office (Article 367) - 1,786 cases; acceptance of an offer, promise, or receipt of an undue advantage by an official (Article 368) - 1,403 cases; offer, promise, or provision of an undue advantage to an official (Article 369) - 2,041 cases (Prosecutor General's Office, 2023). However, the performance indicators of law enforcement agencies indicate that the results of such activities are not sufficiently effective.
Thus, in 2023, the number of unlawful acts resulting in the serving of suspicion notices to offenders was 6,048 cases, while the number of criminal offences for which proceedings were sent to court was only 4,760. Therewith, the number of criminal offences in which proceedings were closed was 4,160, while the number of criminal offences in which no decision was made at the end of the reporting period was 9,885 (General Prosecutor's Office, 2023). In other words, there is a lack of efficiency and effectiveness of law enforcement agencies in fighting corruption and bringing perpetrators to justice. This performance will have negative consequences for Ukraine in the future when determining its place in the CPI rankings.
The third factor that influenced Ukraine's score in the CPI ranking is that most procurement is conducted through Prozorro. The implementation of this anti-corruption mechanism is most welcomed by international partners, as it is practical and is an effective state instrument. In the context of the armed conflict, this instrument was designed to provide comprehensive support to citizens, the state, and the Armed Forces of Ukraine. Accordingly, in 2022, 160,000 transactions following the principles of competition were made through electronic trading, worth almost UAH 200 billion. These procurements involved 33,000 entities. Furthermore, Pro- zorro Market is gaining traction, with the volume of purchases in the electronic catalogue amounting to approximately UAH 2 billion in 2022. Interesting for this study is the fact that Prozorro is integrated with the register of corruption offences (Public procurement. Annual report, 2023).
Accordingly, it can be concluded that the introduced anti-corruption instruments are directly proportional to the level of corruption perception. The presented dynamics confirms the need for further work of state authorities towards the implementation of fundamental changes in Ukrainian society by introducing additional tools that are effective in foreign countries. It is possible that the introduction of innovative, proprietary anti-corruption tools will also contribute to overcoming corruption.
However, it is the internal attitude of citizens towards corruption in the country that affects the world ranking. The results of independent sociological surveys conducted in Ukraine are worrying. Specifically, despite Ukraine's rise in the CPI ranking, in the spring of 2023, 53% of respondents said that corrupt officials in power were the state's biggest internal enemy. Therewith, 84% of respondents support the position that it is necessary to make the facts of corruption acts public. Notably, the survey confirms that the Ukrainian population understands the relationship between the eradication of corruption, community unity, support from international partners, and victory (Samayeva, 2023). In other words, based on the results of the survey, it can be argued that the existence of corruption in Ukraine is still an open question, one of the ways to solve which is to bring perpetrators to justice publicly.
The results of the external independent assessment of the effectiveness of the National Agency for the Prevention of Corruption, approved on 24 July 2023 (External independent assessment..., 2023), are not entirely optimistic. Thus, according to the report of such an assessment, the National Agency fulfilled 72% of the indicators for which the audit was carried out, while 28% (58 indicators) were not fulfilled. However, according to the external audit, the National Agency satisfactorily performed most of its tasks. As a result, the commission has developed 120 recommendations for the agency, which will further facilitate the National Agency's activities to achieve higher performance. In other words, further fruitful work should continue, and improvement of the activities of the main state anti-corruption bodies is a priority area that affects the results of Ukraine as a whole in this area.
The analysis of the activities of state bodies in Ukraine in combating corruption allows identifying the problems that prevent the improvement of the corruption perception index in Ukraine:
¦ The armed conflict on the territory of Ukraine, on the one hand, hinders the introduction of certain effective mechanisms for combating corruption, and on the other hand, it accumulates community efforts in this area, as evidenced by the above statistical information;
¦ Conventionally lenient attitude towards corruption in the Ukrainian government and society. The transfer of the traditions of Soviet society to the period of Ukraine's independence took decades. Self-awareness of the community's European affiliation and the development of anti-corruption mindset will help overcome existing problems;
¦ The existence of loopholes in the legislation that allow for ambiguous interpretation of corruption-related acts. That is why one of the requirements of international partners is to review the regulatory framework of anti-corruption legislation, which is being amended and improved;
¦ Fragmentary application of the proposed anti-corruption instruments. For instance, partners point to the lack of transparency in the activities of the National Agency for the Prevention of Corruption, although in other areas the implementation of this principle is not in doubt;
¦ Failure to fulfil Ukraine's goals and commitments to the international community in terms of reforming anti-corruption mechanisms and applying anti-corruption measures. For instance, considering the reports of the National Agency for the Prevention of Corruption.
It is on solving these problems that attention should be focused. It is worth considering the positive practices of national government agencies and developing them. A range of international documents define further anti-corruption measures to be taken by Ukraine: European Commission Report on the Enlargement of the European Union on Ukraine as a Candidate State for 20231, List of Priority Reforms from the US Government (The White House sent out a letter..., 2023). The latest report on the implementation of the IMF-Ukraine Memorandum European Commission Staff Working Document No. SWD(2023) 699 final “Ukraine 2023 Report”. (2023, November). Retrieved from https://neighbourhood-enlargement.ec.europa.eu/document/download/bb61ea6d-dda6-4117-9347-a7191ecefc3f_en?filename = SWD_ 2023_699%20Ukraine%20report.pdf. Staff Report and Statement by the Executive Director for Ukraine No. 2023/132 “Request for an Extended Arrangement Under the Extended Fund Facility and Review of Program Monitoring with Board Involvement-Press Release”. (2023, March). Retrieved from https://www.imf.org/en/Publications/CR/Issues/2023/03/31/Ukraine-Request-for-an-Extended-Arrangement-Under-the-Extended- Fund-Facility-and-Review-of-531687.. Some of the requirements for Ukraine to overcome corruption and the tools to fight it are overlapping in these international documents. The analysis of the recommendations of international partners and domestic experts allows Transparency International to identify the priority areas of work of Ukrainian government agencies in the fight against corruption for 2024, which are presented in Table 2, and which will help reduce the level of corruption. Therewith, Transparency International develops global recommendations for governments to ensure effective fight against corruption as a threat to national security: to define corruption as a threat to national security and to make the fight against it a goal of internal and external policy; to balance the system of checks and balances by organising the activities of anti-corruption bodies and oversight institutions; real access to public information, including the movement of financial resources of the state; policy should be determined by fair and public processes; and measures to counter transnational forms of corruption.
Table 2
Transparency International's recommendations for further fight against corruption in Ukraine
|
Area |
Content |
|
|
Improvement of the procedure for bringing to criminal liability those who have committed corruption offences |
¦ conducting investigations and litigation efficiently and promptly; ¦ increase the capacity and conduct an objective competitive selection of NABU employees, SAPO prosecutors, and judges of the High Anti-Corruption Court; ¦ implement the reform of the forensic service; ¦ eliminate conflicts in criminal procedure and criminal legislation, review the timeframe for consideration of corruption-related criminal cases ... |
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