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714 East European Scientific Journal #4(68), 2021 ...av,...,..
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Dziundziuk V.B.,
Doctor of Science in Public Administration, Professor, Head of Political Science and Philosophy Chair, Kharkiv Regional Institute for Public Administration of National Academy for Public Administration under the President of Ukraine
https://orcid.org/0000-0003-0622-2600 Merezhko S.I.,
Postgraduate student of Political Science and Philosophy Chair, Kharkiv Regional Institute for Public Administration of National Academy for Public Administration under the President of Ukraine
https://orcid.org/0000-0001-7916-3424
MODEL FOR FORMING OF ANTI-
Formulation of the problem. Different countries have different anti-corruption strategies. However, just separate strategies to combat such a complex phenomenon as corruption are not enough; a purposeful and long-term public policy is needed, of which the mentioned strategies will be a part. And, in our opinion, such a policy should be based on the United Nations Convention against Corruption [7], which has been created as a strong base and legal framework for the fight against corruption. This Convention is unique as it is grounded on a shared understanding of the dangers and negative consequences of corruption from a wide range of participating states. However, there is a downside: while the Convention provides new opportunities and guidance for national policy and anticorruption measures, it can also create new issues in this area, for example, the temptation to take too many anti-corruption measures at the same time, which will lead to negative results and undermine the faith of citizens in anti-corruption efforts.
Providing guidance on national approaches to combating corruption, as well as on the very implementation of the United Nations Convention against Corruption (UNCAC), Article 5 (1) of the UNCAC provides that "each participating state, in accordance with the fundamental principles of its legal system, develops and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society (emphasis added - S.M.) and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability" [7].
This article of the UNCAC ensures the political will of the participating states that anti-corruption measures have to be embedded in coordinated policies, and not implemented in isolation or in a one-off manner. It also recognizes that anti-corruption approaches cannot be limited to technocratic solutions, but must be political in nature to work to combat corruption. As Hussmann argues, Article 5 visibly reinforces the spirit of the Convention in preventing and combating corruption - not as an end in itself, but in promoting honesty and accountability and good governance in public affairs [4]. Thus, the task of the national anti-corruption policy is not only to build
CORRUPTION POLICY IN UKRAINE
DOI: 10.31618/ESSA.2782-1994.2021.5.68.29
bridges between the areas of corruption prevention and law enforcement, but also to ensure their adequate linkage with other strategies and reforms aimed at strengthening the country's public administration systems.
Presentation of the main material. It should be noted that the development of anti-corruption policies is not a rational process with static goals, in which technocrats have control to achieve predicted or stated results. While this applies to other areas of public policy as well, anti-corruption policy is particularly challenging as it affects different sectors and multiple institutions and systems of government in a country. Anti-corruption policies are usually created by many actors with their own political goals, and often these goals can conflict or compete with each other, or vice versa - strengthen each other.
In addition, anti-corruption policy development and implementation are not just a simple application of regulations in practice. On the contrary, in this case, the policy development process is a dynamic interaction with many feedback loops, riddled with political and authority issues that influence or even dominate technocratic approaches. Consequently, the interaction between reformers and opponents, who fear restrictions on their selfish (illegal) interests and access to authority, creates a bunch for the goals of anticorruption policy and requires some correction throughout the process of its development and implementation.
It is important to note that anti-corruption policy provisions often need to be implemented through a series of cross-cutting policies under the auspices of various ministries, departments, agencies and other public organizations. During the political life of a government, this anti-corruption policy can rise or fall in importance, depending on current political priorities, the values of political leaders and other political and/or cultural factors.
As Campos et al. wrote, each country faces the challenges and risks associated with the phenomenon of corruption [3]. But the ways in which corruption shows itself in this society and this political system are very different, as the ways in which they prefer to fight corruption. Foreign experience regarding the
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development and implementation of anti-corruption policies is very important for Ukraine, therefore, despite national differences, we, based on this experience, identified several general approaches, which we named in accordance with their content and essence.
The first, broad political, approach develops clear broad national policies, some of which contain hundreds of administrative and legal measures against corruption. The second, narrow political, approach involves more selective policies aimed at increasing integrity, ethics and transparency, and accountability in various key areas of public administration. The third, reformist, approach integrates anti-corruption measures into broader public sector reforms, which is especially relevant, for example, in the early stages of post-conflict reconstruction. The fourth, law enforcement, approach formulates programs for the transparency of legislation and the fight against corruption, aimed at eliminating systemic deficiencies in their legal infrastructure, while the implementation of the programs is transferred to already existing law enforcement agencies. The fifth, international, approach implements anti-corruption policies that would ensure that the state meets international criteria and treaties in this area, for example, the criteria for joining the EU.
It is clear that these approaches can (and should, in our opinion) complement each other in practice, creating a certain combined approach. However, as the analysis shows, the political response to perceived widespread corruption in most countries is to take the first approach, i.e. developing a broad national anticorruption policy. However, in many (if not most) countries, this approach has not been very successful for a number of reasons. Let us highlight these reasons, since they are important for the development of anticorruption policy in Ukraine:
• Insufficient attention was paid to the political dimension of anti-corruption policy. In particular, the high-level politicians often gave rise to anti-corruption policies, but it could not be sustained throughout the entire government cycle, and not continued with the arrival of a new government.
• Persons who have to implement anti-corruption policy do not "know" it in a proper way. The top management of the ministries and state agencies, which are supposed to implement the main part of the measures provided by the anti-corruption policy, did not actively participate in their development.
• Unresolved contradiction between integrated and targeted approaches. Most anti-corruption policies were not strategic. They did not prioritize or consider sequential deployment across agencies to allow pilot testing and alignment with capabilities and resources.
• Coordinating agencies often lack authority. Government agencies responsible for coordinating and monitoring anti-corruption strategies lack the full mandate, political support and capacity to encourage or coerce influential ministries and agencies to implement policy actions and report progress.
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• Lack of technical advice and assistance. Government agencies that must implement anti-corruption measures often lack the necessary capacity to integrate these measures into their day-today operations, and leading anti-corruption agencies often lack the ability to remedy this situation.
• Monitoring and evaluation are almost completely ignored. Self-assessments in the implementation of anti-corruption policies have not yielded results, and external analysis and assessment of progress, for example, by parliament, research institutes and universities, is often not even planned.
• Lack of information and communication with stakeholders. Lack of information and communication with executive agencies, politicians, media and the public continually impedes the creation of sustained political debate, which in turn can create political pressure to widely promote anti-corruption policies [2].
• The role of international partners in the development and implementation of anti-corruption policies is problematic. While important support is provided, international partners are often unable to help in the development and implementation of national anti-corruption policies, to correct the above deficiencies, as they often lack complete information about the real situation, and sometimes the experience to help identify alternative paths and make appropriate recommendations.
These main reasons do not mean that in each of the analyzed countries there are no serious actors who firmly believe in the necessity and usefulness of anticorruption strategies and are actively involved in the fight against corruption. However, they point out that any anti-corruption policy is easy enough to deviate from the original path and turn into overly ambitious and uncontrollable undertakings. Anti-corruption policies and strategies are indeed based on initial political will and clearly pursue political goals. However, these goals tend to focus on strengthening the foundations of existing authority and maintaining the status quo. In addition, while democratic processes have a positive effect on the public generating demand for anti-corruption policies, the lack of mechanisms for public participation in shaping these policies throughout the political cycle reduces the effectiveness of anti-corruption efforts.
The role of international anti-corruption treaties should also be taken into account: although they certainly served as catalysts for legal reform in many countries, including Ukraine, very often too little attention is paid to the problems of their implementation. This concerns both the prevention of distortion of the regulations applying these agreements and their effective application in practice.
Regardless of what form the structure of anticorruption policy may take, its implementation may lead to the fact that, compared to the original intentions, more modest goals and objectives, clearer implementation mechanisms, stricter monitoring and a specific priority of measures to combat corruption, in particular those that allow you to get noticeable
16 East European Scientific Journal #4(68), 2021 results in the short and medium term, which positively affects public opinion.
Also, the direct fight against corruption may not be the most appropriate approach in a particular time or historical context. Instead, an approach that focuses on widespread antidotes to corruption, such as transparency and accountability, may sometimes be more promising. Therefore, it is necessary to decide which approach will prevail in anti-corruption policy: the "negative" approach, i.e. purely aimed at eradicating corruption, or a "positive" approach, i.e. supporting transparency and accountability in the public sector.
As mentioned above, in practice and in theory, there are several common anti-corruption approaches that form the basis of anti-corruption policies. Also, as practice has shown, no approach in itself is effective, and a combination of several approaches is also not always effective. In our opinion, Ukraine should use its own, special combination, consisting of several already mentioned approaches plus something else. But before proposing this "something else", it is necessary to emphasize on the consideration of such an important issue as the participation of public organizations in the fight against corruption.
Public organizations represent the interests of communities. At the same time, a "community" can be defined as a group of people who live in one place and participate in the pursuit of their common interests. This assumes that the community develops through systematic, interactive and interdependent relationships with each other. The community also relies heavily on shared history, mutual expectations, predictable roles, values, norms, and patterns of status differentiation [1]. It is the "sense of community" that then leads to the organization of the community and determines its development.
Community participation in public affairs in many countries has made a significant contribution to the provision of public services and the solution of local problems. Over the past several decades, the world has seen tremendous growth in citizen participation through community development structures, citizen satisfaction surveys, public consultation, participatory planning, budget consultation and social audits [8]. At the same time, citizen participation is possible in the form of individual or collective actions (including civil society organizations). As early as 1994, a number of authors [5] argued that if citizens in a "civil society" demand better public services and cooperation, public sector officials become more aware of their responsibility to fulfill civic
responsibilities. Conversely, in less open societies, people do nothing to create a civil society, but instead become isolated and suspicious of the state and its structures.
Similarly, Sen [6] argued that citizen participation empowers people to speak out against injustice and discrimination. Citizen involvement contributes to the development of human potential, the promotion of fundamental freedoms, well-being and an improvement
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in the quality of life of people. Nowadays, this trend has become popular in the fight against corruption.
At the same time, there are several separate reasons why civil society organizations are becoming popular in the anti-corruption area.
First, it has been a general trend worldwide that there have been few successful efforts to tackle corruption through existing institutions such as anticorruption agencies and other regulatory bodies using a top-down approach. On the contrary, in some cases these institutions just made corruption stronger. In addition, these institutions often
encouraged ceremonial anti-corruption
demonstrations, while the over-coverage of programs compared to available resources prevented meaningful results from being achieved. In general, public confidence in institutional initiatives is low, so they don't have enough legitimacy.
Secondly, in many countries (unfortunately, in Ukraine as well) the need for petty corruption has received recognition in society. This need has been reinforced by relevant cultural influences, especially in certain social groups. Thus, the participation of communities in anti-corruption initiatives aimed at stopping or reducing the level of recognition of corruption by both communities and society as a whole is an important step in breaking the chain of corruption.
Third, community participation has been very successful over the years in various other sectors. Traditionally, many countries have strong cultural ties in which relatives, neighbors and friends share with each other and help each other, working as a force to protect itself from different dangers. Accordingly, these countries may have the potential to engage the public, which can also support anti-corruption efforts.
Fourth, policies that encourage community anticorruption efforts should build on social institutions such as family, church, educational bodies, rather than trying to form and develop new foundations for community action.
However, the experience of public participation in one form or another in public administration is not always successful. According to one case study, community participation in the local governance process was "an unfinished and fragmented affair" due to political manipulation, clientelism, inadequate governance structures, and a lack of information [10]. The participation of civil society organizations and citizens in the fight against corruption also faces a number of problems, and these problems are universal for most countries. These problems include the following:
First, there is political interference. It is impossible to succeed and build an anti-corruption framework without some political support, and many civil society organizations do develop productive ties with political parties and/or politicians. Evidence suggests that political will can strengthen civil society organizations in the fight against corruption, as it creates an environment for reform and policy implementation [2]. However, the main danger here
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lies in the development of patron-client ties between members of public organizations and influential politicians and officials, which can negatively affect an objective approach to the fight against corruption.
Second, a donor-centered approach, as well as spontaneous participation, require continuous funding to sustain the required activity. The volume and importance of the resources provided increase the external dependence of public organizations; they face greater environmental constraints if resources are highly dependent on one or more of their suppliers [9]. Even if some anti-corruption initiatives emerge as self-sustaining and self-financed, they often require stable funding sources to ensure long-term success.
Third, initiatives such as anti-corruption movements require strong leadership skills. It is often difficult to find courageous people with leadership qualities. Some leaders are difficult to replace, and leadership changes are often difficult. In addition, often members of anti-corruption organizations and movements face physical or psychological threats, and not everyone is able to withstand such pressure.
Fourth, the real involvement of citizens in various anti-corruption structures is often hampered by the presence of local "influential persons" in them, who create conflicts, suspicion and even corruption within these structures. For them, members of structures that are exclusively committed to the fight against corruption represent a serious problem that they are trying to "solve", and not always in a legal way.
Fifth, civil society organizations often require the support of various stakeholders, which is sometimes lacking due to the presence of conflicting interests.
Finally, volunteering takes a long time, especially when it comes to such a serious matter as fighting corruption. Members of public organizations (especially ordinary ones) are most often busy with their other professional duties, so it is difficult to involve people in the anti-corruption movement with full dedication.
Considering all of the above and returning to the question of which anti-corruption approach is better to apply in Ukraine, in our opinion, such an approach is none of the ones described above, but the approach we have called "community-network
approach" , which combines some elements of the mentioned approaches, but at the same time differs from them, since it has other elements. The essence of this approach is described by a community-based network model of combating corruption, which can be used as the basis for anti-corruption policy in Ukraine.
The center of the proposed model is the community anti-corruption network, which is formed from public organizations representing the interests of their communities in the fight against corruption, primarily at the local level. At the same time, since, as noted above, one of the problem areas of the activities of public organizations in the fight against corruption is dependence on third-party funding, therefore, in our model, it is proposed to
use fundraising and crowdfunding as a financial base,
East European Scientific Journal #4(68), 2021 17 which, of course, does not negate other sources of funding.
These public organizations actively cooperate with each other, organizing associations, which allows them to exchange experience, concentrate resources, help each other, identify common problems and, ultimately, form public pressure on the central authorities in order to adopt a real and effective anticorruption policy. Moreover, both public organizations themselves and their associations also take part in the formation of anti-corruption policies. The activities of the community anti-corruption network are supported by the media, which also creates a certain pressure on the authorities. In addition, it is assumed that the central authorities, when forming anti-corruption policies, use the recommendations and developments of the relevant analytical centers (think tanks), as well as use international experience and act within the framework of international obligations.
Conclusion. Thus, it seems very important that a state that really wants to fight corruption recognizes the need to conclude political agreements at all levels of public administration and reach a national consensus in order to develop a strategic vision on how to fight corruption. The problem lies precisely in making the basis of anti-corruption policies "strategic", not in the development of long lists of wishes.
In substance, most anti-corruption policies in different countries focus on norms and institutions, with limited attention to efficiency and results. And the marked discrepancy between the political nature of the problem of corruption and technocratic solutions often leads to a superficial solution. In addition, the proposed solutions are not always based on an adequate diagnosis of what causes corruption. Moreover, such diagnostics are often completely absent altogether, and integration with other mainstream policies and governance reforms occurs on paper, but not in practice.
With regard to the implementation, coordination and monitoring of anti-corruption policies, this important stage of the political cycle also does not receive sufficient political and operational attention. Leadership and control are often characterized by a mismatch between limited institutional capacity and overly ambitious goals. In addition, it is unclear how the self-reform approach should work in the context of the fight against corruption, especially if to take into account that public institutions in general tend to resist change.
Therefore, the community-based network model of combating corruption we propose allows to involve various actors in the formation of anti-corruption policies, to create the necessary pressure on local and central authorities and to conduct control by the public and the media in order to ensure that this policy is real and effective, which, in turn, will increase the degree of citizens' confidence in the implemented anti-corruption policy and its results.
18 East European Scientific Journal #4(68), 2021 References
1. Brager, G., Specht, H., Torczyner, J.L. (1987). Community organizing. New York: Columbia University Press.
2. Brinkerhoff, D.W. (2000). Assessing political will for anticorruption efforts: an analytic framework. Public Administration, Dec. 20(3): 239-248.
3. Campos, J.E., Pradhan, S. (2006). The many faces of corruption - Tracking vulnerabilities at the sector level, World Bank, Washington D.C., USA.
4. Hussmann, K (ed.) (2007). U4 Report - AntiCorruption Making in Practice: What can be learned for the implementation of Article 5 of UNCAC? Available at: www.u4.no/themes/uncac.
5. Putnam, R.D., Leonardi, R., Nanetti, R.Y. (1994). Making democracy work: civic traditions in modern Italy. Princeton University Press, Princeton.
6. Sen, A. (1999). Development as freedom. Oxford University Press, Oxford/New York.
7. United Nations Convention against Corruption. Available at: https://www.un0dc.0rg/d0cuments/treaties/UNCAC/P ublications/Convention/08-50026_E.pdf.
8. United Nations Development Programme (2016). Citizen engagement in public service delivery: the critical role of public officials. Available at: https://www.alnap.org/help-library/citizen-engagement-in-public-service-delivery-the-critical-role-of-public-officials.
9. Verbruggen, S., Christiaens, J., Milis, K. (2011). Can resource dependence and coercive isomorphism explain nonprofit organizations' compliance with reporting standards? Nonprofit and Voluntary Sector Quarterly, 40 (1): 5-32.
10. Waheduzzaman, W., As-Saber, S. (2015), Community participation and local governance in Bangladesh. Australian Journal of Political Science, 50(1): 128-147.
Ziyaeva Ogiloy
undergraduate student at Journalism and Mass Communications University of Uzbekistan
ELEMENTS OF CIVIL SOCIETY IN THE HISTORY OF NATIONAL HERITAGE
Abstract. This article analyzes the theoretical views of Renaissance thinkers and European scholars on the elements of civil society in the history of Uzbekistan, the supremacy of the law and the role of a just political elite in the formation of a civil society. In addition, based on this analysis, conclusions were drawn on the strengthening of civil society institutions in Uzbekistan, in particular, the role and significance of mass media in civil society.
Keywords: civil society, noble society, political elite, human rights, civic activism, rule of law, media, fair ruler, principles of justice, national values.
Civil society has been formed and developed over the centuries, its origins go back centuries, to the ancient Roman and Greek states. We can learn about this in the meetings of the people at that time, for example, in the council of elders. But this is a simple view of civil society. The first ideas about civil society are outlined in Aristotle's book "Politics". Civil society is a democratized, law-protected society. Farobi's "City of Noble People" provides an in-depth analysis of the need for a just law in the management of a noble society, the importance of forming an active civil society. To do this, the head of state is said to have several good qualities. One of them is described by the scientist as follows: "Managing society, he is "by nature just, loves just people, hates talents and oppression, tyrants and oppressors, speaks the truth to his people and strangers, calling everyone to justice, helping the unjustly oppressed, loving everyone and myself. Must be a beauty lover. He must not be stubborn in the face of justice, but must be fair and tolerant of all injustice and abuse". 1
He also said that the people of noble city should have a good understanding of what they need and know exactly how to achieve their happiness. We can see civil society in a state where the rule of law prevails,
but in this, first of all, as Farobi said, there must be a fair person. If the law is perfect, but people do not understand it, it cannot be said that such a country is a democratic state. Yusuf Has Khajibs's book "Kutadgu Bilig" tells us what it means to be a just ruler who rules a virtuous society through the dialogue between Kuntugdi and Ogdulmish. It states the following: "Beck must be wise, brave and courageous. He is required to be knowledgeable, intelligent, thoughtful. Openness is one of the good qualities of a beck, in addition, must be steadfast and perfect on the path of good and follow the path of wisdom".2
It is obvious from these thinkers that the head of state who runs a noble society must be a well-educated person of good qualities. It should also be noted that a just ruler should gather in his government people who think of people who are patriots. Then it will be even easier to form a free society.
Sakhibkiran Amir Temur in his work "Temur's rules" said the following about the attitude of officials to the people and society: "And I commanded that if their officials and their oppressors oppressed the common people and thereby harmed the poor, they
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