Effectiveness of international legal instruments to combat corruption

Implementation of mechanisms for alienation of property obtained as a result of corruption offences

¦ improvement of the efficiency of the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes by changing the personnel policy, implemented forms and methods of the agency's activities, specifically in the area of asset sales;

¦ development, adoption, and implementation of a regulatory framework for the implementation of mechanisms for the alienation of property obtained as a result of corruption offences according to international standards;

¦ prescription of mechanisms in the current legislation to seize Russian assets on the territory of Ukraine as a precautionary measure before their confiscation;

¦ criminalise acts of violation of restrictive sanctions imposed by the international community in connection with the armed conflict on the territory of Ukraine in any way

Reform of the financial and budgetary control bodies of Ukraine

¦ development, adoption, and implementation of the legal framework for reforming the activities of the Accounting Chamber, including updating the approaches to the personnel selection procedure;

¦ reform the activities of the State Audit Service of Ukraine, changing its vector to a preventive one, specifically in terms of monitoring public procurement

Source: Transparency International (2023)

When identifying tools to improve the level of anti-corruption in Ukraine, it is necessary to consider internal and external factors of Ukraine that affect the social order, as well as positive and negative results of previously used tools. External control by international partners directly affects the effectiveness of the fight against corruption in Ukraine. Despite a fairly large body of research and analytical materials, including those discussed in this study, the issue of combating corruption stays relevant. The effectiveness of international legal instruments to combat corruption in Ukraine requires special attention.

The analysis of modern scientific research on the issues covered in this study confirms the conclusions and recommendations made and encourages discussion. O.H. Melnyk (2021) notes that the effective fight against corruption in Ukraine is based on several fundamental principles. These include the political will to implement anti-corruption measures, compliance with international regulatory documents, the existence and continuous improvement of clear anti-corruption legislation, effective operation of all responsible institutions, transparency and accountability of public authorities, and clear rules of financial control. While these measures are not universal, they point to opportunities for considerable improvement in Ukraine's anti-corruption system. Notably, there is no single way to fight corruption, and therefore it is necessary to develop one's own way, accommodating local realities, foreign practices, and developing civic awareness, which contributes to changes in the perception of corruption and improves the transparency and accountability of public institutions in the provision of services.

The authors of this study agree with the conclusions drawn by A. Bowra et al. (2022), who emphasise the need to adopt comprehensive and effective anti-corruption strategies developed based on monitoring and evaluation of the activities of international organisations in the field of anti-corruption. F. Ceschel et al. (2022) also noted the need to consider the specific features of each state when developing anti-corruption strategies. V. Topchii et al. (2021) conclude that measures taken by individual states to combat corruption may have short-term effects. That is why the researchers' position is to unite the efforts of states through the adoption of international treaties and recommendations that should underlie an effective mechanism for monitoring corruption. J. Barafi et al. (2022) also emphasise the increased role of international and local monitoring agencies. In other words, monitoring and evaluation of the activities of public authorities in this area should be the basis for the introduction of international anti-corruption instruments in each state.

Supporting L. Hbur's (2020) position on interpreting corruption as a socially determined phenomenon, we can agree with the researcher's areas of anti-corruption public policy: improvement of current legislation; comprehensive use of positive foreign practices in combating corruption; involvement of the general public and public institutions in anti-corruption programmes; application of measures to improve preventive activities in the field of corruption. However, such areas are rather forms of implementation of the international anti-corruption instruments introduced by the national authorities.

M. Kirzhetska & Yu. Kirzhetskyy (2023) investigated the tools for counteracting illegal economic processes in Ukraine, concluding that the factor that affects the overcoming of shadow imports is not the level of wages of employees, but the level of integrity of civil servants of the State Customs Service, for example. This opinion coincides with the thesis that lenient attitude towards corruption in the government and society of Ukraine is a factor that influences the effectiveness of the fight against it and is a problem that should be eradicated. Therewith, it is worth agreeing with the opinion of R. Subaciene et al. (2023), who propose that anti-corruption measures include training of employees of enterprises, institutions, and organisations on anti-corruption issues, supplementing the thesis with the need to train civil servants. Training in the basics of preventing and combating corruption can encourage Ukrainian citizens to have a virtuous attitude towards their official duties, to fulfil their tasks, and to apply countermeasures in their everyday lives. I. Nalyvaiko & R.W. McGee (2023) and R. Subaciene et al. (2023) emphasise the significance of interaction between the state, civil society, and business to ensure sustainable social development, and thus free from the impact of corruption.

The research results presented in this study confirmed the position of B. Lohvynenko et al. (2022) on the effectiveness of the use of electronic systems and tools for combating corruption, which has been practically implemented in Ukraine on the example of public procurement. The tool minimises the possibility of corrupt influence in various areas, which can also be called a means of controlling integrity in various sectors of the economy. I. Adama & M. Faze- kas (2021) find it debatable that information and communication technologies are a positive tool for making governments more transparent, accountable, and less corrupt. The researchers note the positive impact of information and communication technologies on the level of fighting corruption, but such technologies can also provide new opportunities for corruption through the dark web, cryptocurrencies, or the misuse of technologies such as centralised databases.

B. Olmos Giupponi & H.L. Yu (2022) consider the gaps in the international investment arbitration regime as a tool for combating corruption. The researchers identify two broad strategies for addressing the issue of liability for corruption. The first strategy involves reorganising the existing international investment arbitration regime. The second strategy envisages the creation of an institute of specialised international criminal investigators who will work in tandem with special anti-corruption courts that will hear criminal complaints. Ukraine's path in the fight against corruption involves development according to the second scenario, as Ukraine has ratified the Anti-Corruption Protocol to the UN Convention against Corruption Criminal Law Convention on Corruption. (1999, January). Retrieved from https://rm.coe.int/168007f3f5., which makes provision for the obligation to introduce specialised international criminal investigators and specialised anti-corruption courts in the country. Such tools will contribute to the effectiveness of the fight against corruption and improve the perception of corruption in Ukraine.

The position expressed by O.A. Uliutina (2021) on the withdrawal of the Specialised Anti-Corruption Prosecutor's Office from the subordination of the Prosecutor General's Office of Ukraine can be considered debatable, since the creation of the institution has already had a positive impact on the effectiveness of combating corruption. The analysis of the study conducted by L. Marchuk & V. Yakovlev (2023) proves the relevance of applying the international anti-corruption instruments identified in the present study under martial law, as the need to regulate and stabilise the financial system of regions and the state as a whole was confirmed.

Conclusions

Having analysed the provisions of various types of regulations and literature and having investigated the opinions of scholars who have addressed the issue of the effectiveness of international legal instruments for combating corruption in Ukraine, the authors of this study concluded that the purpose of the study was fulfilled.

The international legal instruments for fighting corruption introduced in Ukraine (Prozorro, eHealth, Spending) meet modern requirements and are a manifestation of e-governance. It is the electronic format of public services and financial transactions by public authorities that ensures the implementation of the principle of openness of the state and enables public control over the finances of the state and its officials. The effectiveness of international legal instruments for combating corruption in Ukraine depends on their types and intensity of application. The analysis of the level of perception of corruption in Ukraine over the past 24 years has led the authors of this study to conclude that the introduced anti-corruption instruments are directly proportional to the level of its perception.

The tools used at this stage of development of Ukrainian society are effective, as the corruption perception index in Ukraine is gradually increasing. Guided by the path of European countries towards EU membership, and considering the dynamics of the corruption perception index in these countries, it is predicted that Ukraine will achieve the due level of corruption perception that will allow it to become a member of the European Union in the near future (two to three years).

However, an analysis of the activities of certain state bodies suggests that the measures taken are insufficient and that further transformational processes in Ukrainian civil society are needed to combat corruption. The author highlights the problems that prevent the introduction of certain effective mechanisms for combating corruption: the armed conflict in Ukraine; conventionally lenient attitude towards corruption in the government and society of Ukraine; gaps in the regulatory framework of anti-corruption legislation; fragmented application of the proposed anti-corruption instruments; and Ukraine's failure to fully perform its obligations to the international community.

The key areas for further research on the effectiveness of international legal instruments to combat corruption include the development of new and improvement of existing means of combating this phenomenon. The identification and elimination of gaps in international and national anti-corruption legislation by providing concrete practical recommendations is also worthy of academic attention. Furthermore, it is worth emphasising the need for researchers to develop the reform of financial and budgetary control bodies.

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