Volume 12 - Issue 62
/ February 2023
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DOI: https://doi.org/10.34069/AI/2023.62.02.19
How to Cite:
Odnolko, I., Sukhonos, V., Bilokin, R., Kobko, V., Pohoretskyi, M. (2023). The content and essence of the anti-corruption strategy
as a tool to combat corruption in Ukraine. Amazonia Investiga, 12(62), 197-204. https://doi.org/10.34069/AI/2023.62.02.19
The content and essence of the anti-corruption strategy as a tool to
combat corruption in Ukraine
Зміст і сутність антикорупційної стратегії як інструменту протидії корупційній
злочинності в Україні
Received: February 10, 2023 Accepted: March 30, 2023
Written by:
Odnolko Inna1
https://orcid.org/0000-0002-4896-4728
Sukhonos Viktor2
https://orcid.org/0000-0002-9425-7127
Bilokin Ruslan3
https://orcid.org/0009-0009-2833-9843
Kobko Vasyl4
https://orcid.org/0000-0002-3586-8219
Pohoretskyi Mykola5
https://orcid.org/0000-0003-0936-0929
Abstract
The purpose of the article is to analyze the
content and essence of the anti-corruption
strategy as a tool for countering corruption crime
in Ukraine. Research results. It шs established
that anti-corruption strategy should include a
number of basic measures to counter crime in the
field of anti-corruption activities. In addition, the
position that the preparation and authorization of
the corresponding document is carried out on the
basis of quantitative and qualitative indicators,
which should be collected in advance, according
to defined criteria and taking into account a
certain period of time, is substantiated. Practical
implementation. According to the authors,
considerable attention should be paid to the
practical method of determining the main
priorities in the anti-corruption policy of Ukraine
and the use of strategic planning as the main tool.
Value/originality. It is argued that strategic
planning in the state anti-corruption policy and
the specific form of its manifestation – adoption
of the State anti-corruption strategies – has a
1
Candidate of Pedagogical Sciences, Associate Professor of Chernobyl Heroes Fire Safety Institute of the National University of Civil
Defense of Ukraine, Ukraine.
2
Doctor of Legal Sciences, Professor, Professor of the Department of Criminal Law disciplines and Judiciary of Sumy State
University, Ukraine.
3
Doctor of Legal Sciences, Associate Professor , Associate Professor of the Jurisprudence Department of Poltava University of
Economics and Trade, Ukraine.
4
PhD in Law, Associate Professor, Professor of Fire Prevention and Safety of Population Department of the Institute of Public
Administration and Research in Civil Protection of the State Emergency Service of Ukraine, Ukraine.
5
Doctor of Science in Law, Professor, Vice-rector for scientific and pedagogical work of Taras Shevchenko National University of
Kyiv, Kyiv, Ukraine.
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significant positive effect on the provision of
human and citizen rights and freedoms,
effectively and efficiently contributes to the
functioning of all public authorities and the
development of democracy and the rule of law in
Ukraine.
Keywords: counteraction, corruption, crime,
prevention, strategy.
Introduction
Corruption in Ukraine and the world is one of the
most dangerous social factors. (Odnolko et al.,
2023, p. 249). Being a destructive phenomenon it
negatively affects all spheres of social life, makes
it impossible to establish legal statehood and the
normal flow of democratic processes, which
accordingly requires a response from the relevant
state institutions with responsibilities to counter
and directly respond to such manifestations.
The ongoing large-scale armed aggression of
Russia against Ukrainian independence
necessitates an effective response to all illegal
phenomena that can have a destructive effect on
the stability of social legal relations in Ukraine,
and in addition, Ukraine’s recent accession to
European Union candidate status places a high
responsibility on politicians in general and
legislators in particular, to ensure effective
counteraction to corruption manifestations in all
spheres of social life.
It actualizes the need to research the processes of
ensuring anti-corruption policy and, in particular,
anti-corruption planning at the strategic level, as
well as transient social relations in this segment,
since only the dynamism and content of all
political and legal reflections on any
manifestations of corruption can protect society
from this phenomenon. Proper quality strategic
planning of anti-corruption policy and, in
particular, measures minimizing any possible
factors that lead to it, also ensure effective
prevention and countermeasures against this
illegal phenomenon.
Accordingly, in our opinion, a proper scientific
study of the essence and content of the anti-
corruption strategy as a tool for countering
corruption crime in Ukraine will allow to
optimize a number of socio-legal processes in the
specified segment and bring to a qualitatively
new level of functioning the mechanism of
protection of human and citizen rights and
freedoms.
Therefore, the purpose of the article is to analyze
the content and essence of the anti-corruption
strategy as a tool for countering corruption crime
in Ukraine.
Literature Review
As world experience has shown, corruption is to
some extent common to all States without
exception. Even States that effectively combat it
are not safe from its manifestations at different
levels of government, in particular the highest
ones (Yemelyanov & Plekhanov, 2019, p. 66). It
is even bigger threat to those countries that aim
to develop (Lisitsyna et al., 2022, p. 42).
Anti-corruption policy is designed to prevent and
counter corruption. Its priority direction should
be identification and elimination of conditions
that contribute to, or may contribute to the
emergence of corruption, and the prevention of
attempts to create these conditions (Maletov,
2021, p. 58).
According to Kovbasiuk (2011, p. 325) anti-
corruption policy is a set of legal, economic,
educational, organizational and other measures
aimed at creating the system of preventing and
countering corruption and eliminating the causes
of its occurrence. Understanding the mission of
the anti-corruption policy of the State can be
explained as a combination of three components:
maximum reduction of the level of corruption;
protection of society from its threats, influence
and consequences; identifying and eliminating its
causes and conditions. The purpose of the anti-
corruption policy is to protect the interests of the
state budget; strengthen economic and political
positions of Ukraine in the world community;
improve countermeasures against corruption;
create a comprehensive system of public control
Odnolko, I., Sukhonos, V., Bilokin, R., Kobko, V., Pohoretskyi, M. / Volume 12 - Issue 62: 197-204 / February, 2023
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over the implementation of anti-corruption
legislation; activation of Ukraine’s participation
in the development of international cooperation
in the field of anti-corruption; bringing the
legislation of Ukraine into compliance with
international legal acts ensuring the rights and
freedoms of citizens, completing the formation of
civil society.
Having analyzed the work by Buiadzhy (2018),
we came to the conclusion that, in practice, only
the National Agency for Corruption Prevention
and the authorized units (persons) for the
detection and prevention of corruption have real
functions for prevention this phenomenon.
In this regard Haman (2018) states that the most
important and still relevant components of the
anti-corruption strategy are the following:
− real and effective provision of transparency
and publicity of all branches and levels of
government by domestic political leaders;
− systematic and complex personnel moral
and ethical education. Creation of a socially
oriented environment, norms and
organizational practices and a morally
mature and psychologically comfortable
atmosphere of public service;
− providing employees with high social
protection, which would contribute to their
professional competition and high work
motivation;
− increasing the responsibility of employees
for corrupt or corruption-related actions.
Active use of anti-corruption examination of
normative legal acts and their projects;
− clear legal requirements regarding the
performance of official duties and provision
of social control.
Methodology
The methodological basis for the research are
modern general and special methods of scientific
knowledge, the systematic application of which
ensured the solution of the formulated problems
and the achievement of the goal of the work.
The main general scientific method in the work
is the dialectical one, with the help of which the
genesis of scientific view on the formulation and
definition of the features of such categories as
“state anti-corruption policy”, “anti-corruption
strategy”, “combating corruption”, “corruption
manifestations” were investigated.
Historical and legal method was used to reveal
the genesis of anti-corruption strategy as a legal
category, its tasks, goals, priority directions and
guarantees of its provision.
Logical and legal method was applied to
formulate the basic definitions of the Article such
as corruption, countering crime, anti-corruption
strategy.
The method of system analysis made it possible
to determine the features of the anti-corruption
policy, its tasks, priority directions, principles,
guarantees.
With the help of comparative and legal method,
the provisions of previous and current anti-
corruption strategies were compared.
Modeling, analysis, and synthesis methods
helped to develop promising directions for
further improvement of the State anti-corruption
policy in Ukraine.
Results and Discussion
Attention should be paid to the fact that issues
related to the formation and implementation of
anti-corruption strategies are quite multifaceted,
since, first of all, they are characterized by a
variety of terminology that needs to be clarified
before studying the main content of strategic
planning in anti-corruption activities.
Researchers have repeatedly pointed out that,
taking into account the rapid progress of society
and emergence of new spheres of relations,
which are the main object for corruption, with
each year the legislative framework establishing
the basis for prevention and counteraction, needs
to be analyzed and improved, new methods that
help reveal facts of corruption in various spheres
of society should be created (Romanov, 2020).
That is why the questions raised in the scientific
article remain relevant, which allows us to
gradually improve and work on them in the
future.
Nikitin (2009, p. 3) notes that today's
development of Ukraine, along with positive
ideas and the influence of the implemented
democratic reforms, is characterized by negative
and rather long-term consequences of the
systemic economic and political crisis, which
affects the processes of economic restructuring,
sharp social polarization of society, in rather
complex relations between branches power and
(most negatively) widespread criminalization of
various aspects of social life, which consists in
increasing manifestations of organized crime,
drug addiction, corruption, and extremism on an
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interethnic basis. All this is a list of processes that
constitute internal sources of threats and dangers
for stability, and therefore internal security of
society. In this regard, in the internal political
aspect, the following priority tasks are outlined
for the state: 1) maintenance of peace as a
universal human value; 2) preserving the
integrity of the state; 3) guaranteeing the
realization of human rights and freedoms;
4) combating crime as a systematic and
purposeful activity of law enforcement agencies.
In the context of corruption manifestations, as
one of the most dangerous destructive factors of
society, in our opinion, strategic planning in the
fight against crime in general and corruption
crime in particular come into a new light, which
allows us to characterize them using not only the
views of scientists, but also current legal acts.
Mishchenko (2011, p. 10) notes that combating
crime is law enforcement activity by its nature,
which is considered as a multi-functional and
multifaceted concept that covers almost all
spheres of State activity. It is implemented at the
social and specialized levels. General social
countermeasures against crime are the basis for
special countermeasures. Special
countermeasures are carried out through legal
response to the commission of a crime and
special criminological prevention of new crimes.
Accordingly, this position should be described in
two respects: establishing the State anti-
corruption policy is a form of general social
counteraction to crime, while implementing a
number of rules establishing clear liability for
acts of corruption committed in the Criminal
Code of Ukraine and the Code of Ukraine on
Administrative Offenses, are direct forms of
influence on already existing criminal behaviour
in this system of legal relations. At the same time,
researchers have repeatedly characterized these
phenomena from different perspectives, since
even today there is a certain terminological
uncertainty in the issues of "counteraction" and
"prevention" of crime in general and corruption
crime in particular.
According to Kuts (2009), countering crime is a
complex socio-legal phenomenon and its concept
reflects the theory and practice of specific social-
management activities and public and private
initiatives, as well as criminal justice efforts to
prevent the commission of criminal offences and
response to their commission. Combating
criminal manifestations takes place at various
levels of society, which correlates with the
previously outlined views on this issue. At the
same time, the issue of corruption crime is
currently not sufficiently highlighted in the
research of scientists, although the list of such
acts is clearly contained in the legislation of
Ukraine.
Concerning international legislation, it should be
noted that the Civil Law Convention on
Corruption (Council of Europe 1999), interprets
corruption as directly or indirectly demanding,
offering, giving or receiving a bribe or any other
unlawful benefit or the possibility of receiving it,
which violate the proper performance of any duty
by a person who receives a bribe, an improper
benefit or the opportunity to obtain such a
benefit, or the behavior of such a person”. Such
an interpretation of corruption undoubtedly
influenced the formation of national
consciousness and attitude to such a
phenomenon, and accordingly increased its
social danger in the eyes of society.
For example, corruption is also considered as:
1) bribery and corruption of public or other
employees (according to this approach,
corruption is equated with bribery); 2) abuse of
power or functions for profit; 3) abuse of
authority or official position committed out of
any personal interest; 4) use of official powers,
status, as well as its authority and related
capabilities to satisfy personal or group interests;
5) element (sign) or type of organized crime;
6) the concept, the definition of which is limited
only to general characteristics, the absence of
clear formulations that would allow to highlight
the essential features of this legal category. All
these forms and manifestations of corruption
phenomena, first of all, require the further
development of state programs and systems of
response to them, with the aim of preventing and
making it impossible to commit them, since such
actions directly affect the security of the rights
and freedoms of a person and a citizen.
Thus, the establishment of public policy and
formulation of their main goals in strategic
documents is a constant practice both in the
European space and in all other civilized
societies, which in turn also confirms the
democratic efforts of Ukraine.
Zubkova (2019) notes that creation of an
effective system for preventing and countering
corruption, identifying and overcoming its social
prerequisites and consequences, exposing
corrupt acts, compulsory prosecution of
perpetrators are the main goals of the state anti-
corruption policy. Successful combating
corruption is possible with proper anti-corruption
legislation, its effective application by relevant
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State authorities and coordination, public
awareness on the implementation of measures to
prevent and combat this phenomenon, interaction
of civil society institutions with public
authorities in the field of formation and
implementation of State anti-corruption policy,
support of anti-corruption measures by civil
society. Therefore, the effectiveness of the
implementation of measures to prevent
corruption crimes cannot be achieved through
isolated and non-systematic actions at different
levels, but requires long-term socio-economic,
political and legal transformations. This activity
should be based on a combination of a number of
prophylactic and repressive measures. Thus, anti-
corruption strategy, as a tool for ensuring the
performance of the state anti-corruption policy,
is the main and most progressive way to achieve
the corresponding goals in a legal way, which,
accordingly, is what a modern democratic, legal
society needs.
According to Hrechaniuk (2019), the anti-
corruption strategy is a normatively determined
reference point, which is specified by a certain
period of time, identified problem and predicted
result. However, this document is a declarative
act without negative consequences for non-
compliance, which leads to its ignoring or
improper execution. Therefore, we believe that in
the process of forming the Anti-corruption
Strategy, it is necessary to provide for guarantees
of its proper implementation, including measures
of responsibility, as well as to determine the
mechanisms of relevant control in this area.
Analyzing the provisions of one of the anti-
corruption strategies already in force in Ukraine
(Decree No. 1001/2011, 2011), attention should
be paid to the main terminological burden in its
content. The tasks of the National Anti-
corruption Strategy were as follows:
outlining the range of causes and conditions that
lead to corruption, determining ways to minimize
the factors that determine its occurrence and
negative consequences;
determining the main directions of state policy in
the field of corruption prevention and
counteraction this phenomenon;
increasing the degree of trust in State authorities
and local self-government bodies;
implementation of the system for monitoring the
effectiveness of anti-corruption legislation and
ensuring its implementation.
This strategy has already become history and
allows to establish its complete non-compliance.
The reasons were the objective circumstances of
the transition of the State to legal anarchy,
ignoring the principles of the rule of law by
representatives of the authorities, law
enforcement agencies, and courts. The events of
the Revolution of Dignity and subsequent
revolutionary and military events demonstrated
the absolute failure of the State’s anti-corruption
policy and strategy, as well as the unification of
power institutions with criminal ones, which
became the basis for the impossibility of
democratic development of Ukraine. The
revolution that took place in Ukrainian society
and the state significantly changed the moods,
desires of people, as well as the tools of state and
public anti-corruption activities.
Later, the principles of the state anti-corruption
policy in Ukraine (Anti-corruption Strategies)
have begun to be approved by a special law of
Ukraine. According to the results of their expert
analysis, these documents are of high quality, but
do not fully cover the prevention and
counteraction of corruption in some specific
areas. In addition, there are some inconsistencies
between the measures of the Anti-corruption
Strategy and the tasks of the State Program
regarding its implementation. Individual blocks
of measures were left out of the attention of the
State Program. Analyzing the state of realization
of the State Program, it was found that
quantitative indicators are the clearest illustration
of the scope of its implementation: out of 210
identified tasks, 82 are completed, 66 are
partially completed or are in the process of being
implemented. Thus, it can be noted that the
implementation of the tasks is taking place,
although not always fully and on time. A
significant number of unfulfilled and partially
completed tasks indicate that not all assignments
are carried out efficiently and conscientiously. A
considerable quantity of tasks performed were
essentially legislative changes or the adoption of
by-laws – and these are the objectives that have
been largely accomplished. At the same time,
measures for their practical realization and
proper implementation of legislation are still
problematic (Marchuk & Nesterenko, 2017,
p. 64).
Thus, previous Anti-corruption Strategy (Law of
Ukraine No. 1699-VII, 2014) focused on
priorities related to the creation of a system of
modern anti-corruption tools (legal institutions)
and the development of a system of anti-
corruption bodies that were supposed to ensure
the effective implementation of these tools. At
the same time, thanks to the adoption of other
program documents by the Government,
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opportunities for corruption in certain sectors
were narrowed.
It was not possible to realize its full potential
primarily because of the long process of creating
anti-corruption institutions that took place during
2014 –2019. As these policy documents have
never been revised or updated, their provisions
have gradually lost relevance since 2016. At the
end of 2017, the anti-corruption strategy period
for 2014-2017 ended and any new document was
adopted, which led to unbalanced and ineffective
anti-corruption activities of public institutions.
The purpose of current Anti-corruption Strategy
(Law of Ukraine No. 2322-IX, 2022) is to
achieve significant progress in preventing and
countering corruption, as well as ensuring
coherence and systematic anti-corruption
activities of all state authorities and local self-
government. The anti-corruption strategy
addresses corruption as a key obstacle to stable
economic growth and building of effective and
inclusive democratic institutions.
The results of the analysis of the state of
corruption in Ukraine, the effectiveness of the
anti-corruption policy of previous periods,
international standards and the best global
practices in the field of prevention and
countering corruption made it possible to
formulate the following basic principles of the
anti-corruption policy for 2021 – 2025:
1) optimizing the functions of the State and
local self-government, the realization of
which primarily involves: elimination of
duplication of powers by various bodies;
suspension of ineffective powers,
accompanied by a high level of corruption
until the introduction of appropriate
procedures that will minimize the
corresponding corruption risks; elimination
of the exercise of the same authority, the
combination of which creates additional
corruption risks;
2) digital transformation of the exercise of
powers by public authorities and local self-
government agencies, transparency and data
disclosure as the basis for minimizing
corruption risks in their activities;
3) creation, in contrast to existing corrupt
practices, of more convenient and legal ways
of meeting the needs of individuals and legal
entities;
4) ensuring the inevitability of legal
responsibility for corruption and corruption-
related offenses, which creates an additional
deterrent effect for all legal entities;
5) formation of social intolerance to corruption,
affirmation of the culture of integrity and
respect for the rule of law.
Accordingly, the above substantiates the position
that strategic planning in the state anti-corruption
policy and the specific form of its manifestation
– the approval of state anti-corruption strategies
positively affects the provision of human and
citizen rights and freedoms, effectively and
efficiently contributes to the functioning of all
state authorities and the establishment and
development democracy and rule of law in
Ukraine.
Conclusions
The article analyzes the content and essence of
the anti-corruption strategy as a tool for
countering corruption crime in Ukraine and
outlines possible ways to optimize the
functioning of the relevant institution.
It has been established that the anti-corruption
strategy, as a comprehensive founding document,
which is regulated by the entities specially
authorized to ensure anti-corruption policy and
law enforcement in the specified field, should
provide for a number of basic measures to
combat crime in the field of anti-corruption
activities.
In addition, the view that preparation and
authorization of the relevant document is carried
out on the basis of quantitative and qualitative
indicators, which should be collected in advance,
according to defined criteria and taking into
account a certain period of time, has been
substantiated. This approach will make it
possible to clearly and effectively define
implementation priorities, establish the sequence
of realization of certain initiatives laid down in
the basis of the relevant document.
It has been also stated that the importance of
adopting and standardizing anti-corruption
initiatives at the legislative level is due to the
rapid European integration efforts of Ukraine. At
the same time, taking into account a number of
requirements of the European Union regarding
the further integration of Ukraine, special
attention, in our opinion, should be paid to the
practical methodology of determining the main
priorities in the anti-corruption policy of Ukraine
and the use of strategic planning as the main tool.
The perspective of further research lies in the
need to analyze the anti-corruption strategies of
other countries (or related regulatory documents
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that provide for the planning of measures to
counter anti-corruption manifestations in the
country), as well as the regulatory basis that
currently exists in Ukraine.
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