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/ April 2023
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DOI: https://doi.org/10.34069/AI/2023.64.04.21
How to Cite:
Yanishevska, K., Denysenko, S., Savchuk, V., Krysko, A., & Horb, A. (2023). Сorruption risks in the provision of administrative
services. Amazonia Investiga, 12(64), 217-227. https://doi.org/10.34069/AI/2023.64.04.21
Сorruption risks in the provision of administrative services
Корупційні ризики у сфері надання адміністративних послуг
Received: April 3, 2023 Accepted: May 25, 2023
Written by:
Kateryna Yanishevska1
https://orcid.org/0000-0002-3648-5543
Research ID: ABD-3281-2020
Serhii Denysenko2
https://orcid.org/0000-0001-8453-8606
Research ID: IAR-4448-2023
Vladyslav Savchuk3
https://orcid.org/0009-0007-2841-7229
Research ID: IAR-4571-2023
Artem Krysko4
https://orcid.org/0000-0002-6305-2591
Research ID: IAR-4582-2023
Anastasiia Horb5
https://orcid.org/0009-0001-0420-5869
Research ID: IAR-4545-2023
Abstract
Corruption during the provision of
administrative services reduces trust in civil
servants and, therefore, can become the basis for
discrediting the constitutional principles of
equality and legality. The article aims to
characterize the essence and manifestations of
corruption risks in providing administrative
services. The object of the research is public
relations in the field of administrative services.
The subject of the study is corruption risks in
administrative services. The methodological
basis of the research is general scientific and
unique methods. Thus, systematic, correlational,
generalisation, meta-analysis and mixed methods
were used. The authors analysed the positions of
the scientific doctrine regarding the main
corruption risks in general and in the researched
field. It is substantiated that corruption risks are
a prerequisite for the appearance of corruption in
administrative services. However, the legislator's
actions are aimed at improving the anti-
corruption regulatory framework, but it still
needs improvement". The sources of corruption
1
Сandidate of Legal Sciences, Associate professor, Department of Criminal Legal Disciplines and Procedure, Sumy State University.
2
Candidate of legal sciences, Associate professor, Department of International, European, Comparative Law, Sumy State University
Ukraine.
3
Student, Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine.
4
Student, Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine.
5
Student, Department of Criminal Legal Disciplines and Procedure, Sumy State University Ukraine.
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risks related to the peculiarities or shortcomings
of normative legal acts (administrative
documents), practical implementation and
human resources in the activity of state bodies
were considered, making it possible to propose
ways of solving the most relevant of them.
Keywords: administrative services, electronic
administrative services, corruption, corruption
risk, combating corruption risks.
Introduction
The problem of corruption is highly prevalent in
Ukraine today. Corruption is one of the main
threats to national security (Bondarenko, Utkina,
Dumchikov, Prokofieva-Yanchylenko, &
Yanishevska, 2021), especially under martial
law. The fight against corruption in Ukraine is
characterized by numerous attempts by the
legislative power to regulate issues related to
combating corruption and other illicit benefits. It
can be stated that today among the majority of
the population, there still exists a neutral attitude
towards corruption, almost ingrained in public
consciousness." (Bondarenko, Reznik, Yevgen,
Andriichenko, & Stohova, 2020).
The last decade in Ukraine has been devoted to
developing and implementing anti-corruption
legislation and creating an effective system of
anti-corruption bodies. However, the specified
reform still needs to be called perfect. Therefore,
there is a need to research this subject to develop
critical scientific approaches to implementing an
effective mechanism for preventing
manifestations of corruption.
Modern manifestations of corruption in our
country are an exceptional variety - crisis-type
corruption. A citizen’s interaction with
representatives of state authorities and local self-
government bodies is a litmus test for
implementing the constitutional principles of
legality, the rule of law, justice, and equality.
Therefore, there is a need to research this subject
in order to develop critical scientific approaches.
We register births, claim child support, ask for
IDs, and rely heavily on the government for our
children's education and health, starting
businesses, buying homes, and getting help when
we become unemployed (Scholta et al., 2019).
That is why corruption in administrative services
is a threat to human and citizen rights, the rule of
law and democracy, and most importantly, it has
the most destructive effect on reformation
processes in the field of public administration.
Therefore, an important task is identifying
corruption risks while providing administrative
services and eliminating the conditions and
causes that contribute to them. It is indicated and
actualises the study of the essence,
manifestations and measures of countering
corruption risks while providing administrative
services. The article's purpose is to characterize
the essence and manifestations of corruption
risks in administrative services. The purpose of
the article will be achieved by implementing the
following tasks:
− reviewing scientific sources in the context of
the interpretation of the concept of
"administrative service" and "corruption
risk";
− carrying out an analysis of the main
corruption risks in the field of providing
administrative services and their sources;
Yanishevska, K., Denysenko, S., Savchuk, V., Krysko, A., Horb, A. / Volume 12 - Issue 64: 217-227 / April, 2023
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− identification of directions and clarification
of means of minimising corruption risks in
administrative services provision.
The object of the research is public relations in
the field of administrative services. The subject
of the study is corruption risks in the field of
administrative services.
Theoretical framework
The effectiveness of scientific research largely
depends on the proper development of the
conceptual and categorical apparatus. That is
why we propose to analyse the concept of
"corruption risk" and the concept of
"administrative service".
Today, there is no single definition of the concept
of "corruption risk". Among the regulatory acts,
the definition of "corruption risk" is contained
only in the Methodology of Corruption Risk
Management approved by the Order of the
National Agency for the Prevention of
Corruption dated December 28, 2021 No. 830/21
"On improving the corruption risk management
process." Thus, the term "corruption risk" in the
Methodology is used in the following sense: "the
probability of committing a corruption or
corruption-related offence that will negatively
affect the organisation's activities" (Order
No. 830/21, 2021).
Among the spheres of public administration
where the risk of corruption is most often present,
domestic scientists name the implementation of
control and supervisory state functions and the
provision of administrative services.
Thus, L. Zavhorodnya suggests defining
"corruption risk" as a combination of legal,
organizational, and other factors that contribute
to or incentivize civil servants to engage in
corrupt activities while performing their official
duties. Zavhorodnya, 2018).
K. Zayika highlights that the concept of
corruption risk should encompass a system of
phenomena and circumstances that emerge
within the operations of public administration
entities and pose a threat of engaging in corrupt
or corruption-related offenses. (Zayika, 2018).
Corruption risks are suggested to be defined as
"various legal, organizational, and other factors
and causes that give rise to or encourage
instances of corruption within the realm of
administrative service provision, as well as state
control and supervision." (Koliushko et al., 2009,
p. 8).
Among the areas of public administration where
corruption risk is frequently encountered,
Ukrainian scholars particularly highlight the
provision of administrative services. It is
important to acknowledge that the term
"administrative service" is specific to Ukrainian
legislation, while in many foreign countries, the
terms "public service" or "state and local
government service" are commonly employed.
T. Syvertsen notes no standard definition of an
administrative service (Syvertsen, 1999).
N. Sydorenko, I. Shkurat administrative service
is called the main element of public services
provided by public authorities and related to the
exercise of authority (Sydorenko & Shkurat,
2021b). For example, H. Pandey believes that
administrative service is a manifestation of
implementing government functions (Pandey,
2019).
Regarding the relationship between corruption
and administrative services, the authors point out
that corruption can have wide-ranging and
detrimental effects on administrative services,
affecting the quality of services, fairness,
decision-making, public trust, economic
development, and societal norms. Fighting
corruption and promoting transparency,
accountability and integrity in administrative
services are essential to effective governance and
ensuring that administrative services serve the
public interest. At the same time, the
development of practical measures should
always be based on planned scientific
justification.
Understanding the risk of corruption in the
sphere of administrative services involves
examining various theories that explain its
occurrence. Here are some theories that shed
light on corruption risk in this context:
Principal-Agent Theory: The principal-agent
theory suggests that corruption arises due to the
principal-agent relationship between the public
and administrative officials. Administrative
officials act as agents entrusted with the
responsibility of serving the public interest on
behalf of the citizens (the principals). However,
when there is an information asymmetry or weak
accountability mechanisms, agents may exploit
their position for personal gain, leading to
corrupt practices.
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Bureaucratic Theory: Bureaucratic theories of
corruption highlight the structural factors within
administrative services that contribute to
corruption risk. Factors such as complex
procedures, discretionary powers, and lack of
transparency can create opportunities for
corruption. Excessive bureaucratic red tape,
arbitrary decision-making, and low salaries in the
public sector can also increase the likelihood of
officials engaging in corrupt activities.
Institutional Theory: The institutional theory
emphasizes the influence of formal and informal
rules, norms, and practices on corruption risk
within administrative services. Weak
institutional frameworks, inadequate
enforcement of laws, and a culture of impunity
can create an environment conducive to
corruption. Conversely, strong institutional
arrangements, transparency measures, and robust
anti-corruption mechanisms can help reduce
corruption risk.
Rent-Seeking Theory: Rent-seeking theory
posits that corruption occurs when individuals or
groups seek to obtain economic rents or undue
advantages through corrupt practices within
administrative services. This theory suggests that
when there are significant resources or benefits
at stake, individuals may engage in corruption to
secure those benefits, leading to rent-seeking
behavior within administrative processes.
Social Capital Theory: Social capital theory
argues that corruption risk in administrative
services can be influenced by social networks
and interpersonal relationships. Close personal
ties and networks of influence can facilitate
corrupt exchanges, as individuals may exploit
personal connections for preferential treatment or
illicit gains. In such cases, loyalty and trust
within social networks may supersede ethical
considerations.
Cultural Theory: Cultural theories of corruption
suggest that certain cultural values, norms, and
attitudes prevalent within a society can
contribute to corruption risk. Cultural factors
such as tolerance for bribery, acceptance of
nepotism, or a lack of social stigma associated
with corruption can shape individual behaviour
and perpetuate corrupt practices within
administrative services.
Political Economy Theory: Political economy
theories examine the interaction between
political and economic factors in shaping
corruption risk. Factors such as weak
governance, lack of political will to combat
corruption, and the capture of state institutions by
powerful elites can lead to systemic corruption
within administrative services. The theory
emphasizes how the distribution of power.
In our view, the most logical approach would be
to adopt a symbiotic perspective that integrates
all the aforementioned theories. This is because
corruption risks in the realm of administrative
service provision are not isolated weaknesses in
specific areas, but rather indicative of systemic
decay across all aspects of public administration.
This decay manifests itself in the sphere of
administrative services, encompassing improper
governance practices and extending to the
remuneration of civil servants.
Methodology
To solve the tasks, general scientific and unique
research methods were used, the choice of which
determined the reliability of the obtained results
and conclusions. With the help of categorical
analysis, the conceptual apparatus was
investigated, particularly the concepts of
"administrative service" and "corruption risk".
By using the system method, the interdependence
of all participants in providing administrative
services was established, as well as the need for
their cooperation to improve the quality of
services.
The correlation method involves studying the
relationship between variables without
manipulating them. Correlational studies can
help identify associations or patterns between
variables. The authors used this method to study
corruption risks and propose specific measures to
reduce them. The method of generalisation was
used when summarising the results of the study.
Meta-analysis involves a systematic review and
generalisation of the results of many studies on a
specific topic or research question. Meta-analysis
allows quantitative integration of the results of
many studies, providing a more reliable and
complete understanding of a scientific area. In
this research, the authors tried to critically
analyse the positions of scientists and propose
measures for levelling corruption risks in
providing administrative services. The authors
also resorted to using mixed methods, involving
the qualitative composition of data and
information, and developing specific practical
measures to combat corruption risks in
administrative services.
Investigating the primary corruption risks in the
field of administrative services and determining
their origins can be accomplished through
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various methods. Data Analysis provided
conducting a comprehensive analysis of
available data, such as corruption-related
complaints, investigations, and the results of
sociological research conducted by the
"Democratic Initiatives" Foundation regarding
the main corruption risks in the provision of
administrative services. This analysis can also
include an examination of the existing anti-
corruption legislation and doctrinal sources.
For the scientific study of directions and means
of minimizing corruption risks in the field of
providing administrative services can be used
such method as literature review. Analyzing
scientific sources, academic articles, books, and
other publications that address the issue of
corruption risks in the field of administrative
services. This will allow familiarization with the
state of research and identification of existing
approaches and recommendations. Conducting
detailed analysis of specific corruption cases in
the field of administrative services to identify
factors contributing to corruption risks. This will
help uncover the characteristics, causes, and
consequences of corrupt practices. Comparing
experiences of different countries or regions to
identify effective approaches and strategies for
minimizing corruption risks in the field of
administrative services. This may involve
analyzing legal norms, political systems,
reforms, and recommendations from
international organizations.
These are just a few of the many scientific
research methods that can be used depending on
the research question, the field of study and the
nature of the phenomenon under study. The
authors chose those that would ensure the authors
achieved the optimal result.
The article references 27 sources, including
articles indexed on Scopus and Web of Science
databases, 2 normative sources.
Results and discussion
The main corruption risks in the field of
administrative services and their sources
Problems of preventing and fighting corruption
are an important challenge for the state and
society because corruption not only disrupts the
quality of life in society but also prevents the
development of society and the introduction of
effective and efficient reforms.
The mentioned issues require the cooperation of
citizens with state authorities and local self-
government bodies, first of all, to identify and
eliminate corruption risks, which will
significantly reduce the temptation of officials to
obtain illegal benefits, etc. At the same time,
citizens will not be interested in using corruption
levers for their purposes to encourage officials to
violate official laws and anti-corruption
legislation.
As of 2023, Ukraine ranks 116 out of 180
countries in the Corruption Perceptions Index
(CPI) compiled by the anti-corruption
organisation Transparency International
(Transparency International, 2022). Regression
and a pause in important anti-corruption tasks are
the most important reasons for such a result. Of
course, there are objective reasons for this,
particularly martial law. However, despite this, it
is not necessary to completely stop anti-
corruption reforms.
From the above, it is worth pointing out the
importance of carrying out timely and effective
reforms to combat corruption in all spheres of
public administration. To implement anti-
corruption reforms in Ukraine, it is necessary to
implement a set of measures that should not only
be aimed at eradicating corruption but also
perform a preventive function. This will
contribute to the formation of trust in state
bodies, economic development, and
improvement of the well-being of Ukrainian
citizens in general.
Concerning the priority areas in preventing
corruption, a prominent place is occupied by the
timely identification of corruption risks in the
activities of state bodies and in the provision of
administrative services to eliminate the
conditions and causes of these risks.
The sphere of provision of administrative
services is the most vulnerable to "domestic
corruption". This is because there is constant
interaction between two subjects in it, one of
which (the subject of the appeal) seeks to satisfy
his needs through the acquisition, change or
termination of the rights and/or performance of
the duties of such a person. So, under certain
circumstances, the powers and opportunities
granted to the entity providing the administrative
service may become a specific subject of sale.
The Law of Ukraine "On Administrative
Services" defines many direct obligations and
restrictions that directly apply to the entity's
officials providing administrative services.
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The Law of Ukraine "On Administrative
Services" dated September 6, 2012, No. 5203-VI,
directly indicates the prohibition of charging for
the provision of administrative services any
additional payments not provided for by law or
demanding the payment of any additional funds.
In addition, executive power bodies, other state
bodies, authorities of the Autonomous Republic
of Crimea, local self-government bodies, and
their officials may not provide other paid services
(Law of Ukraine No. 5203-VI, 2012). As
mentioned above, the law directly prohibits
receiving additional funds or providing services
that do not correspond to the official duties of the
entity providing administrative services.
К. Buhaychuk (2017), conducting research,
proposes to divide corruption risks into
institutional and system-wide risks. Among the
institutional corruption risks, the scientist refers
to factors that negatively affect the behaviour of
a civil servant, turning it into a corrupt one, the
elimination of which belongs to the competence
of the body in which such an official works
directly. At the same time, system-wide
corruption risks are risks that are associated with
the general shortcomings of the creation and
functioning of the public administration,
analysed only in terms of the level of corruption
in the preparation, adoption, and implementation
of management decisions.
Let us turn to the results of sociological research
by the "Democratic Initiatives" Foundation
regarding the main corruption risks in providing
administrative services. Yes, among them are
highlighted:
1. complexity of procedures for providing
administrative services;
2. unreasonable length of terms for the
provision of certain administrative services;
3. insufficient information on the procedures
for providing administrative services;
4. limited accessibility to bodies with authority
to provide administrative services (queues,
reception times, etc.) (Koliushko et al.,
2009, p. 8).
Even considering that a sociological study on the
mentioned issue was published more than ten
years ago, it is worth stating that the situation has
hardly changed today, and the listed reasons for
possible corruption risks are still relevant.
Among the reasons for the spread of corruption
in the specified area, "the vagueness of the
mechanism for providing administrative
services, the strict attachment of the consumer to
the choice of another way of receiving the
service" are also highlighted (Banakh, 2015,
p. 14).
The authors of the study see the problems in the
field of administrative services today also in:
− the inaccuracy of the wording of the
definition of "administrative service", which
in practice causes different interpretations of
it;
− lack of principles for monitoring the quality
of the provision of administrative services,
and the absence of their legal definition,
which would contribute to increasing the
level of quality;
− the absence of a regulated mechanism for
protecting entities providing administrative
services by executive authorities.
Administrative corruption is influenced by the
available capabilities of the civil servant and
personal inclinations to benefit from them. A
civil servant's duties require compliance with
several ethical principles and values
(disinterestedness, openness, transparency,
impartiality, serving the public interest,
responsibility, accountability, etc.) in their daily
activities. At the same time, the principles of the
consumer society, of which civil servants are also
a part, encourage the use of entirely different
principles (the pursuit of one's interests, the use
of opportunities, etc.) (Palidauskaitė, 2005).
The government needs bureaucratic apparatuses
to make decisions. This creates opportunities for
public managers to demand bribes or be corrupt.
In economic models with specific heterogeneity
among bureaucrats, this problem creates a
misallocation of resources and increases the size
of the bureaucratic apparatus. As a result,
corruption while providing administrative
services generates and provokes even greater
corruption (Dunlop, Radaelli, 2019).
It is worth analysing the normative act, which
contains lists of sources of corruption risks
related to the peculiarities or shortcomings of
normative legal acts (administrative documents),
practical implementation and human resources in
the activity of state bodies.
Thus, following the Methodology of Corruption
Risk Management approved by the Order of the
National Agency for the Prevention of
Corruption of December 28, 2021, No. 830/21
"On Improving the Corruption Risk Management
Process", sources of corruption risks related to
the peculiarities or shortcomings of regulatory
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legal acts (administrative documents) regulating
the activities of state bodies are:
− inconsistency between different provisions
of the same act or between the provisions of
different acts, which allows for their
different interpretation;
− the presence in acts of vaguely worded
provisions, provisions of an evaluative
nature that allow for their different
interpretation;
− lack of a clear list of types, forms of
decisions, terms and order of their adoption,
conditions, and grounds for the adoption of
one decision out of several possible ones;
lack of obligation to justify the decision; the
possibility to extend, shorten, renew the
decision-making period at the discretion of
the official;
− lack of precise regulation of the rights,
duties, and responsibilities of the
organization, its manager, and employees
and/or duplication of their powers;
− the presence of discretionary powers of the
organisation, and its employees in the
absence of a comprehensive definition of
cases, grounds, forms, terms, or procedure
for exercising such powers, control over
their exercise and responsibility for possible
abuses during their exercise;
− absence or imperfection of administrative
documents regulating the ethical behaviour
of the organisation's employees;
− absence or imperfection of administrative
documents regulating the mechanism of
encouragement and formation of a culture of
notification of possible facts of corruption or
corruption-related offences, other violations
of the Law of Ukraine "On Prevention of
Corruption" (Order No. 830/21, 2021).
The corresponding list of sources of risks is not
exhaustive. Each government body and
enterprise can determine the types of corruption
risks, considering the specifics of the assigned
tasks and functions. In general, the adoption by
the National Agency for the Prevention of
Corruption of the order "On improving the
process of managing corruption risks" is essential
for determining the algorithm for managing
corruption risks in the activities of state and other
bodies, the procedure for assessing corruption
risks, preparing, monitoring, evaluating the
implementation and revision of anti-corruption
programs.
Directions and means of minimising corruption
risks in the field of providing administrative
services
The chosen European vector forces the Ukrainian
state to carry out reforms in almost all spheres of
public administration, that is, to implement
administrative reforms. Currently, many
problematic issues can cause corruption risks in
the specified area. Considering this, many
reforms are being implemented in our country
today, particularly in providing administrative
services to citizens. Much effort is being made to
improve communication links between citizens
and the state, acting as consumers and providers
of administrative services (Sydorenko &
Shkurat, 2021a).
The general complexity of providing
administrative services was repeatedly cited as
one of the leading causes of corruption risk
(Tronko, Dyba & Prokopchenko, 2018). The
solution to this situation is simplifying the
procedures for providing administrative services.
Thus, centres for the provision of administrative
services were introduced, which, following the
Law of Ukraine "On Administrative Services",
are permanently operating working bodies or
structural divisions of the local state
administration or local self-government body in
which administrative services are provided
through the administrator through his interaction
with the subjects of providing administrative
services (Law of Ukraine No. 5203-VI, 2012).
Today, practice confirms essential steps to
simplify the procedure for providing
administrative services. Ukraine's Ministry of
Digital Transformation directed certain services
to the Diya portal. On the portal, you can already
get about 30 public services online, in particular,
to become an entrepreneur, change the type of
activity or stop it. Obtain a certificate of criminal
record, assistance at the birth of a child or
monthly reimbursement of the cost of care
services for a child up to three years of age. File
a lawsuit, register a car or get services related to
driver's documents, issue several licenses, and
permits or get extracts from registers (Diia,
2022).
In this regard, N. Sidorenko calls the Diya Portal
the "epicentre" of citizens' and entrepreneurs'
access to public services provided in electronic
format in accordance with uniform standards
(Sydorenko, 2021).
Such a corruption risk in administrative services,
such as personal communication between the
recipient of administrative service and the
subject of its provision (administrative services
that are not provided through centres for the
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provision of administrative services), is also
worthy of attention. On the one hand, this makes
it possible to demand a "bribe" from an
unscrupulous employee. On the other hand, it is
impossible to "incentivize" an authorized person
by a private person to resolve a case, etc.,
quickly.
The constant development of public relations and
the information society makes it possible to
develop new practical measures to prevent the
mentioned corruption risk and others. Thus, there
is a possibility of implementing the provision of
administrative and other public services in
electronic form. This will increase the efficiency
and transparency of the work of authorities and
local self-government bodies, improve and
simplify the process of obtaining such services,
and eliminate corruption risks (Kozhushko,
2021).
It should be noted that the system of electronic
administrative services in Ukraine is at the stage
of development.
О. Koliush (2019) proposes one of the
fundamental ways to prevent corruption while
providing administrative services - conducting
consultations online. For this, the scientist
considers it necessary to provide officials of
public administration bodies with appropriate
information and communication technologies,
with the help of which it is possible to provide
consumers of administrative services with
information about the procedure for obtaining
administrative services.
Currently, domestic legislation provides for the
possibility of receiving administrative services in
electronic form. Yes, Art. 9 of the Law of
Ukraine "On Administrative Services" specifies
that the consumer of such a service can request
its provision in oral, written, or electronic form
by applying. A written application is submitted
personally by the subject of the application or his
representative (legal representative) to the
subject of the provision of administrative
services by sending it by mail, and in the case of
providing administrative services in electronic
form - using the Unified State Web Portal of
electronic services, including through
information systems of state bodies and local
self-government bodies integrated with it.
Centres for the provision of administrative
services and subjects of the provision of
administrative services in the cases provided for
by law, as well as at the request of the subject of
the application, ensure that the application is
drawn up in electronic form, printed and
provided to the subject of the application for
verification and signature (Law of Ukraine
No. 5203-VI, 2012).
Provision of administrative services to citizens in
electronic form, which is provided for by the Law
of Ukraine "On Administrative Services", takes
place through the Unified State Portal of
Administrative Services and the Unified State
Web Portal of Electronic Services (Diia Portal)
(Diia, 2022).
It is worth pointing out several problems with
organizational and material-technical features;
there are also areas for improvement in the work
of the Unified State Portal of Administrative
Services, which should guarantee the provision
of administrative services in electronic format.
It is worth noting that the concept of electronic
government and electronic provision of
administrative services has already proven its
effectiveness abroad. In general, the
implementation of information technologies in
public administration to reconstruct
administrative procedures has been discussed for
the past 30 years. This one technology can
change how public administration operates,
allowing managers to manipulate information
much faster, and flexibly and increasing control
over their subordinates (Scholl, 2013).
However, some of the EU countries are lagging
in digital transformation. The local
administration is closest to the people in
providing services and implementing state
policy. While in other countries, at the level of
state administration, there are practices of
analysing large databases of information, in some
states, for example, Bulgaria, this process is still
ongoing (Lazarova et al., 2022).
In the issue of directions and means of
minimising corruption risks in the researched
area, the public plays an important role, as it is
the direct subject of receiving administrative
services.
Thus, corruption among administrative service
recipients is seen in the following actions:
turning to a person who provides an
administrative service with an offer/promise to
provide him (or other persons identified by him)
with an undue benefit in the future to incite him
to use official powers or powers opportunities
associated with them unlawfully; the actual
provision of an unlawful benefit to a person who
provides an administrative service (or another
person determined by him), carried out intending
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to incite him to the illegal use of official powers
or opportunities related to them (U-LEAD,
2020).
In their research, O. Bondarenko, P. Malanchuk,
and M. Dumchikov (2020) outline public
participation in combating corruption, they are:
− initiating and directly conducting an anti-
corruption examination of projects and
legislative activities of the public,
submitting proposals based on the results of
the examination to authorised bodies, and
receiving relevant information about the
consideration of proposals;
− the possibility of initiating and conducting
research, including scientific, sociological,
etc., regarding the prevention of corruption;
− implementation of public control over the
implementation of laws in the field of
corruption prevention, using the same time
its forms that do not contradict the
legislation.
The authors agree with the above opinion since
the subjects of measures to minimise corruption
risks in administrative services should be the
state, legislative and authorised public bodies and
the public, which can become a compelling
subject in the specified field. Citizens who take a
direct part in anti-corruption measures are
generally more motivated to comply with anti-
corruption legislation, which will be essential in
reducing cases of undue benefit when receiving
administrative services.
No less important are directions for improving
the legal regulation of corruption risks while
providing administrative services. In the Law of
Ukraine "On Administrative Services", the
description of the mechanism of the procedure
for providing administrative services to prevent
corruption contains only formal aspects. It has an
aggressive nature about other normative legal
acts, which in turn leads to their own and rather
opposite interpretation of the norms by subjects
of public administration, including centers for the
provision of administrative services.
Among the possible solutions to existing gaps in
the legal regulation of paid and accessible public
services, S. Fedorishchev suggests the adoption
of a systemic legal act - the Law of Ukraine "On
Administrative Fees", which, in his opinion,
unifies the name of fees for administrative
services (Fedorishchev, 2020).
In our opinion, adopting such a law will
significantly change the situation with the risk of
corruption regarding the streamlining of the legal
regulation of issues of payment/free of charge for
administrative services, the mechanism for
determining the number of such fees and the
procedure for their approval.
Conclusions
Timely analysis of corruption risks and the
adoption of preventive anti-corruption measures
make it possible to exclude violations of the
legislation of Ukraine by civil servants, which
positively affects the improvement of the work of
administrative services. The authors believe that
the adoption by the National Agency for the
Prevention of Corruption of the updated order
"On improving the process of managing
corruption risks" is essential for determining the
algorithm for managing corruption risks in the
activities of state and other bodies, the procedure
for assessing corruption risks, preparing,
monitoring, evaluating the implementation and
reviewing anti-corruption programs. Among the
leading causes of corruption risks in the field of
providing administrative services, which are
currently the most relevant, the following are
highlighted:
− the general complexity of providing
administrative services;
− personal communication of the recipient of
the administrative service with the subject of
its provision;
− deficiencies in providing administrative and
other public services in electronic form.
Based on the above, effective means of
minimising corruption risks are the improvement
of anti-corruption legal acts, the simplification of
procedures for the provision of administrative
services, the involvement of the public in the
discussion of draft normative acts, and the
informational openness of authorities. The use of
modern information technologies is particularly
noteworthy as an effective way to avoid
corruption risks in the researched area due to
problems with organisational and material-
technical features.
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