128
www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.64.04.12
How to Cite:
Sharkova, I., Shulzhenko, F., Gaydulin, O., Ryndiuk, V., & Kozhura, L. (2023). Іntegrity and good faith in the european concept of
good administration: framework for legal and scientific research. Amazonia Investiga, 12(64), 128-135.
https://doi.org/10.34069/AI/2023.64.04.12
Іntegrity and good faith in the european concept of good
administration: framework for legal and scientific research
Доброчесність та добросовісність в європейській концепції належного
адміністрування: засади науково-правового дослідження
Received: March 10, 2023 Accepted: April 30, 2023
Written by:
Iryna Sharkova1
https://orcid.org/0000-0002-2010-3811
https://www.webofscience.com/wos/author/record/AFU-2080-2022
Fedir Shulzhenko2
https://orcid.org/0000-0001-6880-1662
https://www.webofscience.com/wos/author/record/ABE-6160-2020
Olexander Gaydulin3
https://orcid.org/0000-0002-1269-7007
https://www.webofscience.com/wos/author/record/IAO-0750-2023
Vira Ryndiuk4
https://orcid.org/0000-0001-7803-7039
https://www.webofscience.com/wos/author/record/K-2196-2018
Liudmyla Kozhura5
https://orcid.org/0000-0003-4100-9530
https://www.webofscience.com/wos/author/record/28698307
The scholar does not consider gold and jade to be precious treasures, but loyalty and good faith.
Confucius
Nothing is at last sacred but the integrity of your own mind.
Ralph Waldo Emerson
Abstract
Clarifying the essence of the good public
administration in the USA, United Kingdom,
European countries, and Ukraine has led to the need
for special studies of the Good Faith and Іntegrity
principles. The purpose of this paper is to develop
the framework for future study of the doctrine of
good administration, within the European cultural
and legal tradition. This study represents a “triune”
system of methodology: 1) general (meta-
theoretical) methods – theory “Law as Іntegrity” of
Ronald M. Dworkin); 2) special (typical for the
work) method – a legal operationalization;
1
PhD in Law, Associate Professor, Professor at the Department of Theoretical Jurisprudence, Law Institute of the Kyiv National
Economic University named after Vadym Hetman, Kyiv, Ukraine.
2
Doctor of Political Science, Professor, Head of the Department of Theoretical Jurisprudence, Law Institute of the Kyiv National
Economic University named after Vadym Hetman, Kyiv, Ukraine.
3
Doctor of Law, Associate Professor, Professor at the Department of Theoretical Jurisprudence, Law Institute of the Kyiv National
Economic University named after Vadym Hetman, Kyiv, Ukraine.
4
Doctor of Law, Associate Professor, Professor at the Department of Theoretical Jurisprudence, Law Institute of the Kyiv National
Economic University named after Vadym Hetman, Kyiv, Ukraine.
5
Doctor of Law, Professor, Director of the Law Institute of the Kyiv National Economic University named after Vadym Hetman, Law
Institute of the Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine.
Sharkova, I., Shulzhenko, F., Gaydulin, O., Ryndiuk, V., Kozhura, L. / Volume 12 - Issue 45: 128-135 / April, 2023
Volume 12 - Issue 64
/ April 2023
129
http:// www.amazoniainvestiga.info ISSN 2322- 6307
3) applied methods – logical-linguistic and
sociological methods of content analysis. The
results of preliminary review of the theoretical
works were significantly modified on a basis of the
collection and study of empirical material of
activities in the sphere of public administration. A
significant body of legal texts were examined by
using the content-analysis method which has been
successfully applied in the framework of the
empirical research. The conclusions contain a basic
hypothesis for future research. The basic concept of
the claimed research, which has been developed, in
such a way, is reduced to object, subject and aim of
the further study of the issues raised in the field of
good public administration.
Keywords: fairness, good administration, good
faith, good governance, integrity.
Introduction
Law and morality are two bodies of norms and
principles that regulate a human community and
harmonize the behaviours of all individuals. Both
normative systems have their common
foundation in the constructs of Good Faith and
Іntegrity, that demonstrate a dual legal and moral
nature and are directed against corruption and
abuse of law.
The European Code of Good Administrative
Behaviour was approved by the European
Parliament on September 6, 2001. In Article 7
(Absence of abuse of power) the code is guided
that “Powers shall be exercised solely for the
purposes for which they have been conferred by
the relevant provisions. The official shall in
particular avoid using those powers for purposes
which have no basis in the law, or which are not
motivated by any public interest”. And for
opposition to the abuse of law and power the
Article 11 (Fairness) provides that “The official
shall act impartially, fairly, and
reasonably” (European Ombudsman, 2002).
The modern legal discourse around the European
Concept of Good Administration contains many
keywords designed as anti-abuse instruments,
namely: fairness, bona fides, good faith,
integrity, conscientiousness, honesty, decency,
good practice etcetera (Committee of Ministers
of the Council of Europe, 2007).
Clarifying the essence of the good public
administration in the USA, United Kingdom,
European countries, and Ukraine has led to the
need for special studies of the Good Faith and
Іntegrity principles that play a major role in this
issue.
The motivation for choosing the research theme
determines the purpose of this paper. It is to
develop the framework for future study of the
doctrine of good administration and principles of
Good Faith and of Іntegrity, within the European
cultural and legal tradition (Hesselink, 2010).
Theoretical Framework or Literature Review
On the national level in Ukraine there are clearly
insufficient publications regarding good faith and
integrity in the administrative law. The main
results of such research were reflected in some
scientific works of the following domestic
authors: K. Herasymiuk, Y. N. Kirichenko,
O. V. Martselyak, R. Melnyk, I. I. Shmalenko,
N. V. Zhmur. But in the modern foreign
countries a great number of projects relate to this
theme. These, no doubt, include fundamental
works of authors such as, E. Dargay,
R. Dworkin. The approach by scholars such as
G. de Graaf, L. Huberts, R. Smulders to the study
of public administration in the context of value
conflict deserves particular attention (de Graaf,
Huberts & Smulders, 2016). Of particular
interest is the experience of implementing the
program New Public Governance (NPG) by R.
van Steden in Vrije Universiteit Amsterdam. In
her works, K. Pallai explores anticorruption
aspects of the "integrity" concept (Pallai & Kis,
2014). Public services through administrative
contracts are studed by L. Pascariu (Pascariu,
2010) and G. Shalev (Shalev, 1979). But
research at the intersection of two subject areas
of constitution law and administrative law
(N. Barber, E. Smith and many others) are of
primary importance (Barber, 2018).
130
www.amazoniainvestiga.info ISSN 2322- 6307
These publications, reaching across different
countries and scientific schools, demonstrate the
growth and dynamism of efforts to stimulate
comparative research of public administration
and in administrative law more generally.
A wide range of issues is constantly updated
around such a question, how public
administration is being shaped by the national
and the supranational moral doctrines and values.
However, this needs to take into consideration
one very important point. As noted by several
academic lawyers, “domestic researchers,
including drafters of regulatory legal acts, are
rather superficial and sometimes irresponsible
while formulating definitions of the relevant
legal terms, which has an extremely negative
effect on the efficiency of administration of the
law” (Melnyk, 2022).
The complex approach which has been
developing in our legal science requires the better
analysis of the doctrines, legislation, and its
practice in the light of international and European
results and trends.
According to the results of the of the sources
selection, the principles of Good Faith and
Іntegrity have demonstrated sufficient
representation in the existing legislation, case
law in USA, Great Britain, EU, administration
law of Ukraine and in international law.
The legal principle of integrity is widely
presented in anti-corruption legislation of
Ukraine, and what is very important - its
interpretation formally corresponds to the
international practice. In recent years there is an
increase in the volume of scientific research on
the problems of integrity in administrative law.
Of particular interest are the works on the
concepts of good governance and public
administration (Herasymiuk et al., 2020).
In 2022, with adoption of the Law of Ukraine
“About Administrative Procedure”, which
should enter into force at the end of 2023,
principle of good faith acquires a clear meaning
and quite specific content for administrative law
(art. 4 and 10 of this Law) (Verkhovna Rada of
Ukraine, 2022). But up to this point good faith is
stated only in civil legislation of Ukraine.
The preliminary results of a brief review of
doctrinal and empirical sources demonstrates that
the profound justification of normative content of
integrity is clearly insufficient in modern science
of Ukrainian administrative law. But an in-depth,
research-informed and theoretically driven
understanding of good faith is completely absent
in the discourse among the Ukrainian
administrative law. This is because the good faith
principle has never been referred to in any
administrative legal text, including the Laws. On
the contrary, within the framework of English-
language law discourse, the notions of Іntegrity
and Good Faith are spelled out in detail in the
framework of the currently popular concepts of
Good Governance and Good Administration.
Methodology
From a methodological point of view, this study
represents an orderly terminology and a system
of methods that form the basis for the
development of a new understanding of the role
and place of principles Good Faith and of
Іntegrity in the conception of Good
Administration. The foundation of such
interpretation is a “triune” system of
methodology: (1) general (meta-theoretical)
methods; (2) special (typical for the work)
method; (3) applied methods, borrowed from
another sciences.
The basic general study method of this work was
formed under the influence of one well-known
interpretive theory of Law interpretation, such as
theory “Law as Іntegrity”, developed by
American philosopher and jurist Ronald Myles
Dworkin (1931 – 2013) (Dworkin , 1986, 1977).
The special method of research is a legal
operationalization, by which shall be carried out
the definition of a fuzzy concept (for example, of
evaluative notions in administrative law) so as to
make it clearly distinguishable, measurable, and
understandable using empirical observation (by
comparing examples of use this notions in
legislated or judicial practice).
The logical-linguistic and sociological methods
for the meaningful study of documents and
content analysis are the most productive among
the applied methods. The choice of these
methods is due to the need to develop a
terminological system for European concept of
Good Administration as a logical-conceptual
framework of theoretical construction.
Moreover, these methods allow for the empirical
verification of the main hypotheses and
conclusions, in particular, for an implementation
of the principles Good Faith and of Іntegrity in
the administration law of Ukraine.
However, the operationalization, as a common
scientific method, is used in the other social and
Volume 12 - Issue 64
/ April 2023
131
http:// www.amazoniainvestiga.info ISSN 2322- 6307
legal sciences. But some authors notes: there are
threats to the validity of operationalization in
research of complex concepts (Lukyanenko,
Evermann & Parsons, 2014).
In the field of public administration, this theory
is the most successful, because it identifies
certain conceptual frameworks for administrative
researches and explains how they can be
operationalized (Shields & Hassan, 2006).
Results and Discussion
The preliminary review of the theoretical works
found that the concept of Good Faith (Bona
Fides) has been developed most fully in the civil
law tradition (Zimmermann & Whittaker, 2000).
It is this understanding of the good faith that is
borrowed from private law by administrative
law.
Some researchers call this principle “bona fides”,
in the Latin manner, but other scientists
distinguish between “conscientiousness” and
“good faith” (Bakalinska, Holubieva, &
Vinnytskyi, 2019). It will be sufficient for our
current purpose to use these terms
interchangeably (as synonymous) unless their
differences are specifically relevant in the legal
situation.
It is worth thinking about the issue of origins of
this principle in a historical light. Such
reflections make lawyers rethink some existing
approaches to this problem.
It is necessity to reverse the following theoretical
construct used to explain the relationship
between the law standards and misbehaviour:
“Recognition of a top priority of the good faith
principle in actions of participants in an
economic turnover led to the need to protect their
rights and legitimate interests from unfair
competition” (Bakalinska, Holubieva, &
Vinnytskyi, 2019). On the contrary, massive and
systematic abuse of law, under conditions of the
total commercialization of public life in the first
century AD caused the genesis of the Bona Fides
concept in Ancient Rome. The Good Faith
principle was specifically designed to combat
unfair behaviour (del Granado y Rivero, &
Juan Javier, 2009). It is this goal setting that
defines the functions of legal culture in the
formation of modern good-faith relations.
The term “integrity” in several languages is
often used together in one phrase with
“perfection” and “development”. However, it
was, “in connection with anti-corruption policy
that the integrity approach entered public
consciousness” (Dargay, 2019).
Therefore, introducing the idea of this «integrity
in public administration», promotes two major
objectives: establishing zero tolerance to
corruption, and improving the anti-corruption
legislation.
So “given the level of legislative regulation, legal
awareness, legal culture, and education of the
population of Ukraine, it is proposed to combat
corruption offenses... in two main areas: general
and special. In particular, the general objective
should include such ways to combat corruption
as improving the legal anticorruption culture of
citizens, public policy to involve various
institutions of civil society, and the general
population in the fight against corruption (a form
of control by society). The special objective
should include combating corruption in the field
of public procurement, combating money
laundering in the field of public finances, and
combating corruption offenses more than or
abusing of official position” (Sukhonos et al.,
2021).
But it is necessary to consider “integrity concept
as a phenomenon necessarily pervading the
whole public administration system” (Dargay,
2019). In this regard, most promising is major
expansion of competencies of administrative
discretion for executive authorities as a form of
their moral-legal self-regulation (Donnikova &
Kovban, 2020). This needs to take into
consideration the fact that a lot of management
entities take part in the management, but they are
quite diverse categorically. Some of them act at
their own discretion and in their own interests,
others are representatives and management
agents who manage both from the outside, not
being part of the staff, and from the inside, being
an integral part of the team (Vartanyan, 2020).
And that's why it's so important that the different
administrators will be obligate to look for a
compromise and do so quickly.
As the legal doctrines, legislations and case law
show, good faith and integrity in public
administration are closely associated with the
legitimate realization of administrative
discretion.
In this connection, the legal notion of an
employee “employed in a bona fide
administrative capacity”, in a way, can be called
a case-study or a test case. It`s defined in the case
Bath v. Woodland Meadows Romulus, LLC
(2009 U.S.) as an administrative officer, whose
132
www.amazoniainvestiga.info ISSN 2322- 6307
primary duty is the performance of office or non-
manual work directly related to the management,
who has a decent payment for their work (not less
than $ 455 per week) and (it is especially
important) “whose primary duty includes the
exercise of discretion and independent judgment
with respect to matters of
significance” (USLegal, 2023).
It is explained that “in general, the exercise of
discretion and independent judgment involves
the comparison and the evaluation of possible
courses of conduct and acting or making a
decision after the various possibilities have been
considered” (Bath v. Woodland Meadows
Romulus, LLC, 2009).
The results of preliminary review of the
theoretical works were significantly modified on
a basis of the collection and study of empirical
material of activities in the sphere of public
administration.
A significant body of legal texts were examined
by using the method of content-analysis which
has been successfully applied in the framework
of the empirical research.
The main task of this monitoring was to analyse
the contents of the certain texts by identifying
frequency characteristics of basic keywords.
The analysis results showed that the notions of
Іntegrity and Good Faith have a high degree of
representation in the modern legal discourse
around the public administration.
But even more importantly, there is a stable
correlation, on the one hand of the Іntegrity
principle with the application of unilateral
administrative acts and, on the other hand, of the
Good Faith principle with the formation and
performance of the administrative contracts,
which are totally new phenomena in
administrative law of Ukraine.
In English doctrinal sources, the parallel
semantic antinomies are clearly tracked between
(1) Іntegrity – Corruption and (2) Good Faith
(Bona Fides) – Abuse (Mala Fides).
In this regard, it is very significant that the
construction of Maladministration was not only
exhausted in the twentieth century (Wheare,
1973), but is becoming the top subject of current
studies in the field of administrative
law (Henthorn, 2023).
The normative texts of existing legislation and
judicial practice, which have been subjected to
frequency analysis, demonstrate that references
to a theory of Good Governance are very
common nowadays in Ukraine.
In contrast to this, the concept of Good
Administration remains outside the attention of
legislators and judges involved in the application
of administrative law.
However, in the domestic doctrine, legislative
and judicial practice there are many examples of
serious logical mistakes, called a substitution of
the thesis, that happens far too often regarding
the notions of Good Faith and Integrity.
In general, there is every indication that these
mistakes and shortcomings result from
ambiguity, uncertainty of "Good Faith" and
"Integrity" conceptual foundations, which have
been insufficiently developed theoretically in
administrative law.
Ideally, the comparative research of the integrity
of public administration and good faith public
administration should help bridge the gap
between legal theory and practice in this issue.
For all the above reasons, one can potentialy put
forward the following basic hypothesis for future
research:
The formation and functioning of the principles of
integrity and good faith in the system of
administrative law are caused by different
interdependent types of factors: (1) material – the
practice of public administration; (2) ideal –
dominant in administrative theoretical and legal
models, which in modern Western countries are
actualized within the concepts of Good Governance
and Good Administration. The legal content of
these principles is revealed accordingly in the
paradigms of Integrity Administration and Good
Faith Administration. The emergence and content
of these administrative and legal paradigms are
objectively conditioned by the need to overcome
the illegal practice of corruption administration and
abuse of administration. Theoretical clarification of
the administrative essence and normative content of
the principles of Integrity and Good Faith on the
basis of modern leading doctrines of government
and administration should significantly facilitate
the solution of extremely relevant problems in
Ukraine: combating public corruption and abuse of
administrative contracts and discretion.
The main content of the hypothesis is represented
on the following scheme.
Volume 12 - Issue 64
/ April 2023
133
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Figure 1. Terminological system of the “Good Govemence” concept.
Designed as compiled by the authors
Conclusions
The basic concept of the claimed research, which
has been developed, in such a way, is reduced to
following points.
1. The object of the study must be a process of
public administration modernisation in the
USA, United Kingdom, EU, and Ukraine in
accordance with the principles of good
governance, integrity, and good faith.
2. The subjects of the research are the new
European paradigms of integrity
administration and good faith administration
in opposition to constructs of public
corruption and maladministration.
3. Accordingly, the aim of the study would be
to provide a detailed and updated
comparative analysis of the doctrines,
legislations and judicial practice in
European countries, the EU, USA and in
Ukraine to reveal the administrative essence
and characteristics of Good Faith and
Integrity in Good Public Administration,
taking into consideration the possibility of
their implementation in Ukraine.
Representatives of the international scientific
community are invited to discuss the paper and
comment on it.
Bibliographic references
Bakalinska, O., Holubieva, V., & Vinnytskyi, O.
(2019). The moral and ethical principles on
the formation of competition culture.
Amazonia Investiga, 8(23), 469-475.
Recovered from
https://amazoniainvestiga.info/index.php/am
azonia/article/view/893
Barber, N. W. (2018) The Principles of
Constitutionalism. Oxford University Press.
Recovered from
https://academic.oup.com/book/9458
134
www.amazoniainvestiga.info ISSN 2322- 6307
Bath v. Woodland Meadows Romulus, LLC.
(2009). Case Number: 2:2008cv13379.
August 5, 2008. US District Court for the
Eastern District of Michigan. LEXIS 92361,
3-4 (E.D. Mich. Oct. 5, 2009). Recovered
from
https://www.govinfo.gov/content/pkg/USCO
URTS-mied-2_08-cv-
13379/pdf/USCOURTS-mied-2_08-cv-
13379-0.pdf
Committee of Ministers of the Council of Europe
(2007). Recommendation CM/Rec (2007)7
of the Committee of Ministers to member
states on good administration. Adopted by
the Committee of Ministers on 20 June 2007
at the 999bis meeting of the Ministers’
Deputies. Recovered from
https://wcd.coe.int/ViewDoc.jsp?id=115587
7&Site=CM/
Dargay, E. (2019). The Implementation and
Experience of Integrity Management in
Public Administration. AARMS, 18(2),
17–30.
de Graaf, G., Huberts, L. W. J. C., &
Smulders, R. (2016). Coping with public
value conflicts. Administration and Society,
48(9), 1101-1127.
del Granado, J.J. (2009). The Genius of Roman
Law from a Law and Economics Perspective
(September 18, 2009). XXVI Annual
Conference of the European Association of
Law and Economics. Recovered from
https://ssrn.com/abstract=1293939
Donnikova, I., & Kovban, A. (2020). Moral-legal
self-regulation of freedom of conscience:
culturological aspect. Amazonia Investiga,
9(32), 28-35. Recovered from
https://doi.org/10.34069/AI/2020.32.08.3
Dworkin, R. (1977). Taking Rights Seriously.
Cambridge: MA Harvard University Press.
Dworkin, R. (1986). Law’s Empire. Cambridge,
Massachusetts. London, England: The Belknap
Press of Harvard university Press.
European Ombudsman (2002). The European
Code of Good Administrative Behaviour.
Luxembourg: Office for Official Publications
of the European Communities. Recovered
from
https://www.ombudsman.europa.eu/en/publi
cation/en/3510
Henthorn, T. (2023). What is Maladministration?
Mylawquestions. Recovered from
https://www.mylawquestions.com/what-is-
maladministration.htm
Herasymiuk, K., Martselyak, O.V.,
Kirichenko, Y.N., Zhmur, N.V.,
Shmalenko, I.I. (2020). Principles of integrity
and good governance in Public
administration. International Journal of
Management, 11(4), 545-555. Recovered
from
https://papers.ssrn.com/sol3/papers.cfm?abst
ract_id=3601652
Hesselink, M.W. (2010). The Concept of Good
Faith. Towards a European Civil Code.
Fourth revised and expanded edition. Arthur
S. Hartkamp, Martijn W. Hesselink, Ewoud
H. Hondius, Chantal Mak & C. Edgar du
Perron, eds. Alphen aan de Rijn: Kluwer Law
International, pp. 619–649. Recovered from
https://ssrn.com/abstract=1762630
Lukyanenko, R., Evermann, J., & Parsons, J.
(2014). Instantiation Validity in IS Design
Research. In: Tremblay, M.C., VanderMeer,
D., Rothenberger, M., Gupta, A., Yoon, V.
(eds). Advancing the Impact of Design
Science: Moving from Theory to Practice.
Lecture Notes in Computer Science, vol
8463. Springer, Cham. Recovered from
https://doi.org/10.1007/978-3-319-06701-
8_22
Melnyk, R. (2022). Terminological Problems
Law of Ukraine «On Administrative
Procedure». Administrative Law and
Process, 4(39), 5-16. Recovered from
https://doi.org/10.17721/2227-
796X.2022.4.01
Pallai, K., Kis, N. (2014). Towards Integrity”
Integrity education and research at the
National University for Public Service.
Public Finance Quarterly, State Audit Office
of Hungary, 59(2), 149-163.
Pascariu, L.T. (2010). The Distinction Of The
Administrative Contract From Other Types
Of Contracts, The Annals of the "Stefan cel
Mare" University of Suceava. Fascicle of The
Faculty of Economics and Public
Administration, "Stefan cel Mare" University
of Suceava, Romania, Faculty of Economics
and Public Administration, 10(Special),
407-412.
Shalev, G. (1979). Administrative Contracts 14
Isr. L. Rev. 444 (1979), Hebrew University of
Jerusalem Legal Research Paper, 444-479.
Recovered from
https://ssrn.com/abstract=2618047
Shields, P., & Hassan, T. (2006). Intermediate
Theory: The Missing Link to successful
Student Scholarship. Journal of Public
Affairs Education, 12(3), 313–334.
Sukhonos, V., Pavlenko, L., Krukhmal, O.,
Ivanovska, A., & Maletov, D. (2021). Forms
of committing corrupt abuses of public
finances and ways to counteract them in
Ukraine. Amazonia Investiga, 10(39),
149-158. Recovered from
https://doi.org/10.34069/AI/2021.39.03.14
Volume 12 - Issue 64
/ April 2023
135
http:// www.amazoniainvestiga.info ISSN 2322- 6307
USLegal (2023). Employee Employed in a Bona
Fide Administrative Capacity Legal
Definitions. Recovered from
https://definitions.uslegal.com/e/employee-
employed-in-a-bona-fide-administrative-
capacity/
Vartanyan, A. (2020). Technology of
convergence of team-coalition and
administrative control of industrial
enterprise. Amazonia Investiga, 9(26),
423-431. Recovered from
https://doi.org/10.34069/AI/2020.26.02.49.
Verkhovna Rada of Ukraine (2022, February 17).
A law of Ukraine is "About Administrative
Procedure". Voice of
Ukraine, 15.06.2022, № 123. (in Ukr.)
Wheare, K. C. (1973). Maladministration and Its
Remedies. Hamlyn Lectures. London:
Stevens and Sons. Recovered from
https://onlinebooks.library.upenn.edu/webbi
n/book/lookupid?key=olbp60754
Zimmermann, R., & Whittaker, S. (Еd.). (2000).
Good faith in European contract law.
Cambridge: Cambridge University Press.