scholarly journals International experience in the functioning of anti-corruption judiciary

2021 ◽  
pp. 112-116
Author(s):  
V.V. Mirgorod-Karpova ◽  
D.V. Murach

The article highlights the experience of foreign countries in organizing anti-corruption proceedings. In particular, the experience of countries such as Croatia, Bulgaria, Indonesia, Uganda, the Philippines and Slovakia was studied. The key features of regulating the activities of anticorruption courts are analyzed and the shortcomings of their activities are presented. The problem of corruption in Ukrainian society and the negative consequences it can lead to are highlighted. Thus, as of 2020, Ukraine ranks 117th in the world in the corruption perception index. This characterizes Ukraine as one of the most corrupt countries in Europe, and, at the same time, points to the cause of the crisis in society today. In our study, we analyzed key errors in determining the jurisdiction and organization of anti-corruption courts in foreign countries, which are likely to be repeated in Ukraine. Emphasis is placed on the relationship between the rating of a country's corruption perception index and the presence of an anti-corruption court in its judicial system. Thus, the authors emphasize the expediency of introducing the Supreme Anti-Corruption Court in Ukraine as a way to introduce European standards in Ukraine. At the same time, the article emphasizes the need to implement ways to overcome such shortcomings. Based on the fact that such courts are the most responsible - they also have very high risks. Thus, we propose a way to eliminate all possible risks by deriving the most optimal aspects of the organization of anti-corruption proceedings in foreign countries. The paper pays special attention to the structural change of the domestic model of combating corruption offenses. The introduction of foreign experience in Ukraine will create an effective state mechanism for detecting and combating corruption, which, in turn, will significantly improve not only the financial and economic situation of Ukraine, but also restore public confidence in the domestic legal system and public authorities.

2021 ◽  
pp. 9-20
Author(s):  
O. Yu. Amelin

The article is devoted to the study of the peculiarities of understanding the mission andvalues of the prosecutor’s office in Ukraine, the disclosure of the content of these conceptsat the present stage of development of the institution. Attention is focused on the analysis inthis part of the provisions of the Strategy for the Development of the Prosecutor’s Office for2021–2023.There is a tendency to spread the information tools of commercial organizations amongpublic authorities, in particular the prosecution authorities, and the replacement of previouslyused definitions of “role”, “principles”, “goals” by new borrowed definitions of “mission”,“values”, “vision” respectively.A cursory retrospective review of the formation of ideas about the content of thecategories of “mission” and “values” has been carried out. It has been found out that fromthe position of philosophy values are considered as specific social definitions of objects of thesurrounding world, which reveal their positive or negative significance for man and societyand are contained in the phenomena of social life and nature.Emphasis is placed on the need to unify the values (principles) common to all lawenforcement agencies, since most of them are the only or very close. Strategic documents ofthese bodies should reveal the provisions of the Constitution and the relevant legislation ofUkraine, to specify the latter and not contradict them.It is defined that the basic values for all public authorities, including law enforcementagencies, are: human and civil rights, the rule of law, responsibility and accountability, as wellas professionalism (or professional) and continuous improvement.It is proposed to treat the mission in a broad sense as an existential goal of the organization,an effective manifestation of its nature, sufficiently demonstrative and at the same timeunderstandable enough for the general public.The author’s definition of the mission of the prosecutor’s office, which meets therequirements of the time and takes into account its place in the mechanism of state power,the functional specificity of activity, the priority of approximation to European standards,ensuring openness and transparency, as well as strengthening of public confidence in it, wasformulated.The need for a number of changes in the Strategy for the Development of the Prosecutor’sOffice for 2021–2023 on a more clear and coherent presentation of its provisions on themission and values of the prosecution and details of some of them were noted.


2020 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Bektas Baktybayev

Corruption remains one of the main problems of Post-Soviet states. Georgia, Belarus, Lithuania, and Latvia are doing relatively well compared to other Post-Soviet states. Popular explanations for high corruption rates are underdevelopment of democratic institutions and the limitation of human rights. However, the lack of women’s participation can be also another factor that could explain the widespread corruption level. According to popular stereotypes, women are considered as more honest and “fairer” gender, which has an impact on the decrease in corruption rate. There is a belief that women have a perception of risk aversion which makes them less likely to engage in corrupt activities. There is no consensus regarding whether women’s participation has an effect on reducing corruption. The purpose of this paper is to test to what extent women’s participation in parliament, school and or with tertiary education, labor force affects corruption rate in Post-Soviet states. The SPSS software was used to assess a relationship between aforementioned variables. According to findings, there is a strong, positive, and statistically significant impact of women enrollment in school and/or with tertiary education on a country’s score in the Corruption Perception Index. I argue that promoting women’s education is the best way to lower corruption in the post-Soviet states.


Author(s):  
O. Felix Ayadi ◽  
Amitava Chatterjee ◽  
Adegoke Ademiluyi

The approach in this paper is to explore the relationship between corruption perception index (CPI) and human development index (HDI) in order to determine whether or not poor countries resort to corrupt practices as a way of getting over their level of hopelessness. The results show that corruption poses a problem to all countries and consequently to world economic development.


2020 ◽  
Vol 16 (4) ◽  
pp. 42-57
Author(s):  
Ursula Faura-Martínez ◽  
Javier Cifuentes-Faura

A study has been carried out on the evolution in recent years (2009-2018) of the interaction between citizens and public administrations in the European Union, as well as the relationship between transparency and e-government. It is also analysed whether those countries where the development of e-government is greater have more transparency and less corruption. The existence of a directly proportional relationship between corruption, measured through the corruption perception index (the higher the value of the index, the less corruption), and the development of e-government has been confirmed. On average, the greater the transparency in the management of public resources in the governments of the European Union, the lower the public's perception of corruption. This ratio is higher in 2009 than in 2018, so that the effect of e-government on corruption attenuates over time, showing that more factors need to be considered in order to explain the perception of corruption.


2018 ◽  
Vol 2 (2) ◽  
pp. 143 ◽  
Author(s):  
Indra Soeharto ◽  
Nugroho Nugroho

ABSTRACTThis research aims to revisit the relationship between two cultural dimensions index (masculinity and power distance) and corruption – as indicated in the Corruption Perception Index (CPI). Two hypotheses were proposed: An increase in the masculinity index increases corruption and an increase in the power distance index increases corruption. Using the latest CPI data from 2012 to 2016 of 67 countries, this research found that the increase in masculinity does not significantly increase corruption. Meanwhile, it is noticed that the increase in power distance significantly increases corruption. Better understanding on such relationship will provide valuable input on how cultural approach is important to fine tune the design of corruption eradication strategy, particularly in Indonesia.At the end, proper strategy will contribute the improvement of Indonesia’s CPI, which will eventually improving Indonesia’s business environment for the investo


2016 ◽  
Vol 12 (25) ◽  
pp. 37 ◽  
Author(s):  
Nagehan Uca ◽  
Huseyin Ince ◽  
Halefsan Sumen

Logistics performance of a country plays an important role within both economic and social developments. Therefore examining the relationship among the logistic performance, corruption and foreign trade volume of a country would contribute to the literature. Logistics Performance Index (LPI) has firstly been issued byWorld Bank in 2007 and continued in the years 2010, 2012, 2014. In this paper the mediator effect of Logistics Performance Index (LPI) on the relation between Corruption Perception Index (CPI) and Foreign Trade Volume (FTV) analyzed for the years 2007, 2010, 2012, 2014. The hierarchical regression analysis method was used in order to determine the mediator effect. As per the analysis results, the mediator effect of LPI on the relation between CPI and FTV is statistically significant. Consequently it could be suggested that the logistics ability of a country trigger the relation between corruption and foreign trade volume.


2016 ◽  
Vol 1 (2) ◽  
pp. 165
Author(s):  
Ratna Juwita, LL. M.,

ABSTRACTCorruption is an impediment to development and also amounts to a violation of human rights.1 The fight against corruption is a requirement in the good governance program.2 Civil society as the biggest stakeholder in a Statehas the prominent role in the fight againstcorruption.3 Indonesia placed at 107th rank in the Corruption Perception Index (CPI) and is one among states which are severely impededby corruption.4 Corruption in Indonesia is rampant and pervasive, several cases such as Cicak versus Buaya case and the appointmentof Budi Gunawan have attracted public attention massively.5 Indonesian civil society gunawan has actively engaged in the processes of these cases and their voice did make change, for example in the case of Cicak versus Buaya, the voice of civil society has led to the deponeering decision of Bibit and Chandera’s prosecution.6 This article aims to explain thelegal framework on the participation of civil society with regard to corruption prevention and to conceptualize the role of the civil societyin combating corruption by taking the evidence of emerging civil society and its relation to anti-corruption in Indonesia. This article alsoaims to explain the relationship between civil society, democracy and good governance as a strategic anti-corruption measures.


2016 ◽  
Vol 15 (4) ◽  
pp. 143-151 ◽  
Author(s):  
Xiaoming Zheng ◽  
Jun Yang ◽  
Hang-Yue Ngo ◽  
Xiao-Yu Liu ◽  
Wengjuan Jiao

Abstract. Workplace ostracism, conceived as to being ignored or excluded by others, has attracted the attention of researchers in recent years. One essential topic in this area is how to reduce or even eliminate the negative consequences of workplace ostracism. Based on conservation of resources (COR) theory, the current study assesses the relationship between workplace ostracism and its negative outcomes, as well as the moderating role played by psychological capital, using data collected from 256 employees in three companies in the northern part of China. The study yields two important findings: (1) workplace ostracism is positively related to intention to leave and (2) psychological capital moderates the effect of workplace ostracism on affective commitment and intention to leave. This paper concludes by discussing the implications of these findings for organizations and employees, along with recommendations for future research.


Author(s):  
Svetlana Sergeevna Kozunova ◽  
Alla Grigorievna Kravets

The article highlights the aspects of risk management in the information system. According to the analysis of the work of Russian and foreign scientists and world practices in the field of risk management, it is stated that there is a need to improve the effectiveness of risk management of information system and to develop a method for managing the risks of the information system. As a solution to the problem of effective risk management of the information system, there has been proposed a formalized procedure for managing the risks of the information system. The scientific novelty of this solution is the use of decision space and optimization space to reduce risks. This procedure allows to assess the damage, risk and effectiveness of risk management of the information system. The risks of the information system are determined and analyzed; a pyramidal risk diagram is developed. This diagram allows you to describe the relationship of risks with the components of the information system. The negative consequences to which these risks can lead are given. The analysis of methods and approaches to risk management has been carried out. Based on the results of the analysis, the methods GRAMM, CORAS, GOST R ISO / IEC scored to the maximum. The weak points of these methods and the difficulty of applying these methods in practice are described. The developed formalized risk management procedure to control the risks of information system can be used as management system’s element of the information security quality that complies with the recommendations of GOST R ISO / IEC 27003-2012. The prospect of further development of the research results is the development of management systems of risk of information system.


Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.


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