LEGAL AND ORGANIZATIONAL PRINCIPLES OF PREVENTION
OF CORRUPTION IN THE FIELD OF PUBLIC ADMINISTRATION
OF UKRAINE Cover Image

ПРАВОВІ ТА ОРГАНІЗАЦІЙНІ ЗАСАДИ ЗАПОБІГАННЯ КОРУПЦІЇ У СФЕРІ ПУБЛІЧНОГО УПРАВЛІННЯ УКРАЇНИ
LEGAL AND ORGANIZATIONAL PRINCIPLES OF PREVENTION OF CORRUPTION IN THE FIELD OF PUBLIC ADMINISTRATION OF UKRAINE

Author(s): Olena Mykolaivna Sakhan, Yaroslav Ihorovych Morozov
Subject(s): Politics / Political Sciences, Public Administration, Corruption - Transparency - Anti-Corruption
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: corruption;prevention of corruption;anti-corruption legislation;e-declarations;principle of integrity, institute of whistleblowers;

Summary/Abstract: Problem setting. Increased corruption at all levels of government has led to a significant minimization of the efficiency and performance of the entire system of political institutions,negatively affected the socio-economic well-being of the population, hampered the foundations of democracy, rule of law and civil society, created a real threat to Ukraine’s national security. Therefore, the problem of preventing and combating corruption in the field of public administration is relevant and needs to be addressed immediately.Recent research and publications analysis on the prevention and combating of corruption in public authorities and local government shows a significant interest of scientists (N. Armash, K. Babenko, Y. Bisaga, A. Horowitz, K. Dubich, L. Campbell,I. Kerusauskaite, M. Kornienko, V. Tertyshnyk, S. Lazarenko, N. Lord, M. Melnyk, F. Mendes,A. Novak, S. Rose-Ackerman, I. Skobina, A. Stevanovich, V. Trepak, J. E. Foster, I. Shvydkyiand many others) to improve mechanisms to combat corruption in Ukraine. However,despite numerous studies and effective proposals to overcome this destructive phenomenon in the public sector, this problem remains unresolved.Goal setting. The purpose of this article is to find effective legal and organizational tools to combat corruption in public administration in the conditions of the modern development of the Ukrainian state.Paper main body. During the years of independence, corruption has taken root at all levels of government and in many spheres of society, which was facilitated by political,economic, socio-psychological, organizational and managerial reasons. In addition,numerous forms of corruption were institutionalized into informal destructive institutions(nepotism, cronyism, patrimonialism, clientelism, favoritism, etc.), which led to the establishment of clan governance practices and leveling any prospects for state development.Based on the analysis of legal and organizational principles of preventing corruption in public authorities and local self-government, the authors propose a number of effective tools to combat corruption in the sphere of public administration, including, for example,high-ranking officials’ reports on their wealth and income through e-declarations, the institution of whistleblowers, control by anti-corruption bodies and public organizations over the wealth of those in power, the integrity of civil servants, anti-corruption activities of the media and anti-corruption education.Conclusions of the research. In order to optimize the current anti-corruption mechanisms, we consider it appropriate to take into account such factors as comprehensive rule of law and improvement of anti-corruption norms in order to prevent gaps and avoidance of legal liability for corruption, ensuring transparency of all management processes as well as transparent use and disposal of budget funds, adherence to the principles of openness and accessibility of information on the activities of public authorities and local self-government and ensuring effective interaction between public authorities and civil society organizations, a fair justice system, independent media and an active civil society.