Participation of Ukraine in International Cooperation against Corruption

Introduction

Corruption is a negative socio-economic phenomenon, which to one degree or another is inherent in all states of the world. According to Art. 3 of the Constitution, Ukraine is a legal state. The implementation of the rule of law suggests that all activities in the state are subordinate to law. At the same time, the existence of corruption, i.e. a social phenomenon characterized by the venality of state or other officials and the use of official powers for personal purposes, related opportunities in personal or corporate interests (Vorontsov S., Mamychev Yu., Ponedelkov A., Medvedev V., Magomedkhanov R., 2018), discredits this principle. The current socio-economic and political situation in Ukraine has led to a significant increase in the level of corruption in the country (Podorozhnii, Obushenko, Harbuziuk, Platkovska, 2020).

For Ukraine, which ranked 126th out of 180 countries in the 2019 Corruption Perceptions Index, according to a rating published by Transparency International (Corruption perceptions index, 2020), corruption is definitely a top priority. This was facilitated by the method of “feeding” statesmen at the expense of the population. In the Ukrainian society, especially in the territories of the former Russian Empire, there is a rule that service in the authorities is a way to "feed oneself". Despite numerous attempts of the government in various historical periods to combat the phenomenon of bribery and other types of obtaining illegal benefits, the residents of Ukraine retained, if not positive, then at least neutral attitude to corruption at the level of public consciousness.

However, such a neutral or even supportive attitude towards corruption has formed an acceptable attitude towards it in the minds of citizens. The problem of corruption in the world has become so large-scale that domestic measures are objectively not enough to ensure the proper level of counteraction to this destructive phenomenon.

The insufficiency of the measures used by the states, as well as the deepening of the globalization process, in turn, led to an increase in the interdependence of the economies of individual countries in the twentieth century, which forced them to join the fight against corruption. Moreover, control over the level of corruption is not only the responsibility of a particular country but also part of the synergistic management worldwide (Sui Bo, Feng, Chang Chun-Ping, 2018). Anti-corruption efforts increase confidence in the ability of the state and the international community to enforce the law reliably and impartially (Anokhin, Schulze, 2009).

Such accumulation of efforts primarily occurs within the framework of international organizations, which define the sphere of combating corruption as one of the priorities of their activity (Ukraine's participation in international cooperation in the field of prevention and counteraction to corruption, 2020).

Theoretical framework

The theoretical framework of the research includes scientific works that deal with international cooperation in the field of combating corruption. Zhiganova A. reveals the concept of international cooperation in the field of anti-corruption, highlighting both broad and narrow meanings. In a broad sense, international cooperation covers the entire range of areas and forms of interaction between states. They include the development and adoption of international legal acts of universal, regional and sub-regional nature, the conclusion of bilateral treaties, unification of national laws in the field of anti-corruption, creation of mechanisms to control corruption prevention and compliance with international anti-corruption acts, asset recovery, creation of an international information exchange system, cooperation and assistance in civil and administrative investigations and proceedings issues. In a narrow sense, international cooperation on combating corruption is directly linked to the interaction of states in criminal and procedural matters. In this case, the author considers the forms of international cooperation directly regulated in the conventions, namely extradition, transfer of sentenced persons, mutual legal assistance, transfer of criminal proceedings, cooperation between law enforcement agencies, joint investigations, application of special investigative methods, provision of information and other forms (Zhiganova, 2013).

Popov G. explains the essence of international cooperation in the field of combating corruption by means of the main areas of its implementation: practical (providing, where appropriate, necessary objects or necessary quantities of substances for the purpose of examination or investigation, execution of procedural actions, etc.); information and education (providing relevant authorities of foreign countries and receiving information on corruption prevention and exchange, exchange of employees of competent institutions, etc.); rulemaking (improvement of the contractual basis of cooperation by concluding interagency agreements of the relevant agencies and participation in the preparation of international treaties of Ukraine) (Popov, 2012).

Stessens G. believes that international cooperation in the area of combating corruption is an important tool for ensuring democracy and good governance. This is a dichotomy between the political rhetoric of international anti-corruption instruments and the actual impact of these instruments. At the same time, the author notes that international anti-corruption documents seem to be primarily solemn declarations of politicians' readiness to fight a phenomenon that threatens democracy, rather than actual determination to fight the phenomenon at all levels (Stessens, 2001).

Ortynskyi V., ChornousY., Pavliuk N. (2018), note that international cooperation consists of agreements concluded, including interagency agreements; harmonization of national legislation with the provisions of international legislation, harmonization of the legislation of Ukraine and European states.

The opinion of Kwok Man-wai T. regarding the re-evaluation of the importance of international cooperation is quite interesting. Thus, the scientist notes that there is no single solution in the fight against corruption. Each country must examine its unique circumstances and develop a comprehensive strategy, but any strategy must encompass a three-level approach – deterrence, prevention, and education. Ideally, a system of targeted and independent fight against corruption should be developed. This system should include international best practices against corruption (Kwok Man-wai, 2012).

Methodology

The authors used general scientific and special scientific methods, which provided an objective analysis of the research purpose. Taking into account the specifics of the topic, purpose and objectives of the research, the dialectical method was used to outline the methodological foundations of this research and clarify the essence of the analyzed concepts; the method of scientific analysis and generalization was used to clarify and systematize the theoretical foundations of the essence of international cooperation in the field of corruption prevention; the formal legal method was used to clarify the structure and correlation of the studied concepts, as well as to study the relevant provisions of international anti-corruption legislation and anti-corruption legislation of Ukraine; the system-structural method was used for in-depth study of the regulatory provisions of international and national legislation on the implementation of the provisions of international anti-corruption conventions and recommendations. These and other methods of research were used in the article in interconnection and interdependence, which ensured its comprehensiveness and completeness of the research, the validity of the obtained scientific results.

Results and discussion

We propose to implement international cooperation in the field of combating corruption through the conclusion of conventions and agreements that contain recommendations on the effective fight against corruption. According to Art. 9 of the Constitution of Ukraine, the applicable international treaties, the consent of which is provided by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine (On the international treaties of Ukraine, 2004). International treaties play a particularly important role in preventing and countering corruption, given the global nature of the problem of corruption. They ensure the dissemination of successful experience and mutual support mechanisms, and the latter, through the mutual control regime, promotes the development of internal anti-corruption legislation, dialogue between different national regulatory authorities, and encourages practical anti-corruption measures identified in these treaties (Ferreirra V., 2013).

UN activity

First, we will focus on the United Nations Convention against Corruption. This Convention is, in fact, the first comprehensive and systematic multilateral international legal instrument that is fully aimed at combating corruption. The UN Convention against Corruption was adopted at the plenary session of the 58th session of the UN General Association on October 31, 2003. It was signed on December 9, 2003 at a high-level Political conference in Mexico. The document came into force on December 14, 2005, and 170 states have acceded to the Convention. The tremendous importance of this document is confirmed by the fact that the Convention was signed by almost one hundred states, including Ukraine, within three days from its adoption. Ukraine ratified the Convention, together with its declarations, on October 18, 2006.

Participating states have committed themselves to implement anti-corruption measures in the sphere of activity of state institutions and law enforcement. Each state party must ensure the implementation of the principles of honesty, accountability and transparency, develop and implement policies to prevent corruption, increase the effectiveness of existing institutions, anti-corruption measures, and develop an anti-corruption co-operation strategy internationally and regionally (Bashankaev, 2014).

The benefit of the UN Convention against Corruption is that it contains both declaratory promises and general measures. The key to combating corruption is the effective interaction of corruption prevention measures and active direct anti-corruption measures (Ardestani, 2017). The United Nations Convention against Corruption encourages states to enact specific practical measures aimed at a comprehensive anti-corruption strategy. Measures to prevent corruption include: developing a code of conduct for civil servants; ensuring transparency in public procurement; taking the necessary measures to enable members of society to obtain information about the organization and decision-making processes; simplifying administrative procedures, etc. With regard to active anti-corruption measures, they should recognize the definition of specific actions that need to be criminalized, as international co-operation is becoming a key element in the prosecution of corruption offenses. (Canestraro, 2019). In particular, it was proposed to recognize the following actions as criminal punishments: bribery of national government officials; bribery of foreign government officials and officials of public international organizations; embezzlement, misappropriation or misuse of property by a public official; abuse of influence; abuse of office; illegal enrichment; money laundering; concealment; obstruction of justice; bribery in the private sector; theft of property in the private sector (United Nations Convention against Corruption, 2005). In our opinion, it is of particular importance that corruption is ceased to be perceived at the international level as a problem of governmental organizations and bureaucratic governance, and there is an awareness of its proliferation (albeit on a smaller scale) and of the scope of private legal entities and individuals that offer public services (Wawrosz, Otahal, 2013).

In compliance with the requirements of the UN Convention against Corruption, a new anti-corruption law was adopted in Ukraine—the Law of Ukraine On Prevention of Corruption. This law clearly outlined all the measures set out in the Convention and explained the mechanism of their operation in Ukraine. In addition, significant amendments were made to the Code of Ukraine on Administrative Offenses, which provided for liability for those offenses related to corruption. Revolutionary changes were also made to the Criminal Code of Ukraine. They are the following: outlined the list of corruption crimes; updated the content of the criminal subject for the needs of the section providing for liability for offenses in the field of public service and professional activities; provided for liability for officials of private legal entities irrespective of their legal form and persons providing public services. The changes were substantially affected by the novelization of the subject of crimes, the responsibility for which is provided for in Section 17 of the Special Part of the Criminal Code of Ukraine: updating the content of the concept of "official document" and introduction of new concepts of "undue profit", "considerable assets", "declaration of the person authorized to performing the functions of state or local government.

Activities of the Council of Europe

In addition, the conventions adopted within the Council of Europe are noteworthy. In general, the postulate of the Council of Europe and the basis for uniting its members should be the signing of the European Convention on Human Rights — a treaty designed to protect human rights, democracy and the rule of law. These basic principles are the main areas of its activities. Following the declaration of independence, Ukraine expressed its desire to join the organization. Therefore, on November 9, 1995, a solemn ceremony of Ukraine's accession to the Council of Europe took place, during which the Joint Program of the Commission of the European Communities and the Council of Europe on reforming the legal system, local self-government and improving the law enforcement system in Ukraine was signed. Having acquired membership in the Council of Europe, Ukraine has undertaken a number of commitments in the field of reforming existing legislation based on the rules and standards of this international organization, including the obligation to adopt relevant laws and to adhere to a number of conventions. Most of these reforms are still ongoing.

In 1999, the Council of Europe set up a new international organization, the Group of States against Corruption, to effectively and systematically combat corruption in its member states and to monitor compliance with anti-corruption standards (GRECO – Group of States against Corruption). It is important to note that GRECO membership, which is an extended agreement, is not limited to the Council of Europe member states. GRECO actively and independently develops its own jurisprudence, which consists of interpreting the rules of the Council of Europe's conventions against corruption and anti-corruption policies of member states (Nurulayev, 2008).

Any state that has participated in the development of an expanded partial agreement may join by notifying the Secretary General of the Council of Europe. GRECO's activities include monitoring the compliance with Council of Europe anti-corruption standards; development of necessary legislative, institutional and practical reforms; providing a platform for sharing best practices in the prevention and detection of corruption.

The main legal instruments approved by the Council of Europe have been adopted within the GRECO framework: the Criminal Law Convention on Corruption (ETS 173), the Civil Law Convention on Corruption (ETS 174), the Council of Europe Convention on the Manipulation of Sports Competitions (CETS 215), Additional Protocol to the Criminal Law Convention on Corruption (ETS 191), Twenty Guiding Principles for the Fight against Corruption (Resolution (97), 24), Recommendations on Codes of Conduct for Public Officials (Recommendation No. R, 2000, 10), Recommendations on common rules against corruption in the funding of political parties and electoral campaigns (Recommendation Rec (2003), 4) (Polovinkin, 2019).

Particular attention should be focused on the main documents adopted within the framework of GRECO. The Criminal Law Convention on Corruption, adopted on January 27, 1999 and ratified by Ukraine on October 18, 2006, which defined corruption, broadened the subjective nature of corruption crimes (both individuals and legal entities became responsible for corruption offenses), envisaged the creation of special national agencies, which activities should be aimed at combating corruption (Criminal Law Convention on Corruption, 1999).

The provisions of this Convention have been actively implemented in national legislation. In particular, Ukraine has created an extensive and specialized system of specialized agencies, which activities are narrowly focused on preventing and combating corruption. The first agency that was established in accordance with the requirements of the European community was the National Agency for the Prevention of Corruption. The main goal of this state agency is to ensure the formation and implementation of the state anti-corruption policy. In particular, among other things, the Agency verifies the declarations of persons authorized to perform state or local government functions. The National Anti-Corruption Bureau of Ukraine is a state law enforcement agency charged with preventing, detecting, suspending, investigating and uncovering corruption offenses within its competence, as well as preventing the commission of new ones. Specialized Anti-Corruption Prosecutor's Office, which is an independent structural unit of the Prosecutor General's Office of Ukraine, is charged with: supervising the observance of laws during the operative-investigative activity of pre-trial investigation by the National Anti-Corruption Bureau of Ukraine; support of the state prosecution in corresponding proceedings; representing the interests of a citizen or state in court in cases provided for by law and related to corruption offenses. The Supreme Anti-Corruption Court of Ukraine is also among these agencies. This court is charged with the administration of justice in accordance with certain legal principles and legal procedures for the protection of individuals, society and state from corruption and related crimes, and judicial control over the pre-trial investigation of these crimes, rights, freedoms, and interests of persons in criminal proceedings, as well as the decision on the recognition of unjustified assets and their recovery in state revenue in the cases provided by law in civil proceedings.

The Civil Law Convention on Corruption, adopted on 4 November 1999 and ratified by Ukraine on 16 March 2005, which, inter alia, provided a definition of corruption (requesting, offering, giving or accepting, directly or indirectly, a bribe or any other undue advantage or prospect thereof, which distorts the proper performance of any duty or behavior required of the recipient of the bribe, the undue advantage or the prospect thereof); provided compensation for the damage caused by corruption; a limitation period of not less than three years from the day the person who has suffered damage became aware or should reasonably have been aware, that damage has occurred or that an act of corruption has taken place (Civil Law Convention on Corruption, 1999). Article 9 of this Convention enshrined the need for states to provide in their internal law for appropriate protection against any unjustified sanction for employees who have reasonable grounds to suspect corruption and who report in good faith their suspicion to responsible persons or authorities. In order to implement this article, the institute of whistleblowers was introduced in Ukraine, amendments to the labor and criminal legislation were introduced.

Council of Europe Convention Against the Suppression of Sporting Competitions, adopted on 18 September 2014 and ratified by Ukraine on 16 November 2016. This international treaty outlined, among other things, the main anti-corruption measures in the field of sports competitions: the introduction of strict and transparent control over the financing of sports organizations; creation or authorization of a certain existing state body to control sports betting; administrative and criminal liability for violations related to the manipulation of sports competitions, aiding and abetting such actions, etc. (Council of Europe Convention Against the Suppression of Sporting Competitions, 2014). In order to comply with the requirements of this Convention, the Law of Ukraine On Prevention of the Impact of Corruption Offenses on the Results of Official Sports Competitions was adopted in Ukraine, thus providing for administrative liability for violating the prohibition of placing sports bets related to manipulation of official sports competitions (Article 172-9-1 of the Code of Ukraine on Administrative Offenses) and criminal liability for unlawful influence on the results of official sports competitions (Article 369-3 of the Criminal Code of Ukraine). An important aspect of the elimination of corruption in the field of sports should be the updating of anti-doping legislation (Reznik, Muzychuk, Andriichenko, Yakushchenko & Korzh, 2020).

Recommendations on Codes of Conduct for Public Officials The recommendation was adopted by the Committee of Ministers at its 106th session on May 11, 2000. It defines that civil servants are a key element of government. They have specific responsibilities and tasks and must have the necessary qualifications and appropriate legal and financial support to perform these tasks effectively. It is emphasized that corruption is a serious threat to the rule of law, democracy, human rights, equality, and social justice, which hinders economic development and threatens the stability of democratic institutions and the moral foundations of society. The recommendations set out the basic principles of the civil servant's activity, rights, the procedure for reporting, outline the essence of the conflict of interests and ways of avoiding it, the procedure for receiving gifts, restrictions on this; attitude towards former civil servants, etc.

Based on these recommendations, an order was issued in Ukraine by the National Agency of Ukraine on Civil Service On Approval of the General Rules of Ethical Conduct of Civil Servants and Officials of Local Self-Government. This order details how international legal recommendations will be implemented in Ukraine, for example, outlining the general responsibilities of a civil servant and a local government official, explaining the limits of the use of official position and the use of state and territorial community resources, and outlining the procedure for the use of information and sharing (Recommendation No R (2000) 10n of the Committee of Ministers to the Member States on Codes of Conduct for Public Officials, 2003).

Recommendation on the general rules for combating corruption when financing political parties and election campaigns This recommendation was adopted on April 8, 2003, because political parties are a fundamental element of the democratic system of the state and the main means of expressing the political will of the citizens (Recommendation N Rec (2003) 4 The Committee of Ministers of the Council of Europe to the Member States "On the general rules for combating corruption when financing political parties and election campaigns", 2003).).

In order to implement these standards, Ukraine has amended the Law on Political Parties in Ukraine. This law has received mostly positive reviews from international institutions. On the other side, international organizations have pointed out a number of gaps in legislative regulation. In addition, the practice of its application indicates certain shortcomings that require attention on the part of state authorities. For example, the lack of mechanisms to prevent over-funding of election campaigning in presidential and local elections; the danger of shadow financing of election campaigns through candidates' own funds; lack of an exhaustive list of areas for which budget spending is allowed or prohibited (Sopilko, Korchak, 2019).

Anti-corruption activities of the European Union

In the documents of the European Union, the conventional concept of corruption first appeared. Thus, the First Protocol, adopted in 1996, to the European Union Convention on the Protection of the Communities' Financial Interests, concluded in 1995, contained the concept of passive and active corruption. Moreover, the document identified the need for punishment for such acts and the types of punishment required.

A special place in the context of cooperation between the European Union and Ukraine in the fight against corruption is occupied by the EU Anti-Corruption Initiative (EUACI), funded by the European Union, co-funded and implemented by the Danish Ministry of Foreign Affairs (DANIDA) and consolidates efforts aimed at promoting Ukraine's anti-corruption reforms. The main goal of EUACI is "to improve the implementation of anti-corruption policy in Ukraine, thereby contributing to the reduction of corruption". To achieve this goal, the program supports all key anti-corruption institutions in the anti-corruption justice process in Ukraine — from prevention to investigation, prosecution in accordance with international rules and best European practice. The purpose of this initiative is to support civil society organizations at the national level in the field of anti-corruption activities aimed at the interaction of public authorities and local self-government and public initiatives combating corruption for the implementation of state reforms, and the implementation of broad advocacy and oversight activities (Grant Competition from the EU Anti-Corruption Initiative in Ukraine, 2020).

As part of this initiative, on July 8, 2019, the EU-Ukraine Anti-Corruption Initiative - Phase II agreement was signed between the Government of Ukraine and the European Commission. This document provides a list of specific actions, identifies the expected results and specific actions that need to be taken to achieve them.

For example, the measure is to strengthen the independence, effectiveness and resilience of anti-corruption institutions operating within a sound strategic framework. The expected result is to strengthen the ability of the National Anti-Corruption Bureau of Ukraine, the National Anti-Corruption Agency, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court, the Agency for Investigation and Asset Management and the State Financial Monitoring Service of Ukraine to effectively implement them. Specific actions:

1) assistance in the development and implementation of a modernized monitoring and evaluation system;

2) provision of advisory services and capacity building; enhancing interagency cooperation through the implementation of ICT interoperability solutions between relevant anti-corruption agencies and other government agencies and registries;

3) automation of business processes and support in procurement of coordinated ICT solutions for the National Anti-Corruption Bureau of Ukraine, the National Anti-Corruption Agency, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court, the Agency for Investigation and Asset Management, and the State Financial Monitoring Service of Ukraine;

4) strengthening the management of corruption risks and reviewing legislation on corruption factors in the Verkhovna Rada Committee on Prevention and Combating Corruption and the Ministry of Justice, including (but not limited to): support in needs assessment and identification of specific legal, institutional, business processes and capacity building; assistance in meeting identified needs, including the implementation of appropriate ICT tools; supporting the full development of abilities in the field of checking legislation for corruption factors (Anticorruption Initiative in Ukraine – Phase II event , 2019).

Such a detailed description, in our opinion, will simplify the procedure of implementation and control over the implementation of the measures outlined in the agreement and will contribute to the implementation of the National Anti-Corruption Strategy. Indeed, achieving such an ambitious goal as reducing corruption requires eradicating the causes and conditions that give rise to corruption and necessitating the dismantling of the corruption mechanism (Mukhaev, Prokopenko, 2020).

Conclusions

Summarizing the above, it is difficult to overestimate the role of international cooperation in combating corruption for societies undergoing a transformation period. Only the existence of unified, standardized requirements will counteract this destructive phenomenon in all its manifestations and create conditions for effective assistance from other states. At the same time, international documents should serve as a benchmark in the field of anti-corruption activities, and specific legal measures and instruments for their implementation should be adapted to the specific political, economic and socio-cultural development of each country. Thus, since the end of the 20th century, Ukraine has been actively participating in international cooperation in the field of combating corruption: it has joined the basic documents in this area, developed the legal framework for the fight and combating corruption based on them, and created a network of specialized agencies. It can be concluded that due to international cooperation, the necessary institutional factors for the fight against corruption have been created in Ukraine, but the peculiar tolerance of the population towards this phenomenon remains to be the problem. Non-perception of corruption by Ukrainian society as an undeniable deviation allows the authorities not to carry out effective activities in this area. Polls show that Ukrainian citizens want to stop corruption practices for "others" but leave it in exceptional cases for "themselves." As a result, society does not have a clear requirement for the authorities regarding the level of rejection of corruption. Therefore, further international cooperation of Ukraine in the field of combating corruption should include work with civil society institutions and should form sustainable negative attitude towards corruption in all its manifestations.

Funding: The research was carried out within the framework of project No.0120U100474 Development of Methods of Interaction between Law Enforcement Agencies of Ukraine on Counteraction to Money Laundering.