Baltic Journal of Economic Studies
106
Vol. 6, No. 5, 2020
Corresponding author:
1 Zaporizhzhia National University, Ukraine.
E-mail: T_deputy@ukr.net
2 Zaporizhzhia National University, Ukraine.
E-mail: almak17@ukr.net
3 Zaporizhzhia National University, Ukraine.
E-mail: georgesamoil1976@gmail.com
DOI: https://doi.org/10.30525/2256-0742/2020-6-5-106-112
"QUALITY" OF STANDARDIZATION OF ADMISSION
TO MUNICIPAL PASSENGER TRANSPORTATION
AS A CORRUPTION RISK "FILTER"
IN ACTIVITY OF PUBLIC SERVANTS
Tetiana Kolomoiets1, Oleksii Makarenkov2, Georgiy Samoylenko3
Abstract. Relevance. In terms of revising the provisions of legal regulation of relations in the field of transport
with the borrowing of competitive principles of the European institutes to ensure the integration of transport into
European and world transport area, with revision of models of relations between relevant public administration
entities and private entities, ensuring balance of their interests , including in the context of national and
supranational threats and focus on expanding the implementation of rights, freedoms and legitimate interests of
the latter in the field of transport, strengthening of the principles of decentralization of power in the system of
public authorities occurs, resulting in a significant increase in the number and diversity of regulatory and legal acts
aimed at settling the above relations. Unfortunately, at the same time the processes of "growth" and a variety of
forms of corruption in the activities of public servants, whose professional sphere is directly related to transport
relations with the involvement of municipal transport, are also active. Analysis of law enforcement activities of
anti-corruption entities in all its manifestations shows a fairly steady trend towards an increase in the number of
detected acts of corruption committed by public servants directly related to the exercise of their authority over the
procedure for admission to municipal passenger transportation. The specifics of the legislative regulation of the
latter presupposes the presence of many "defects", which create the basis for variable manifestations, including
illegal, of the activities of public servants with a subjective arbitrary interpretation of the latest provisions of the law.
"Low-quality" regulation of the provisions of the activity of public servants to exercise power over the admission
to municipal passenger transportation has a negative impact not only on the implementation of passenger rights
(of various categories), but also provision of the public interest, and contributes to the formation of a national
threat with a "corrosive" sign of power within administrative and territorial units, especially the country in general.
An integrated approach to clarifying the problems of "municipal passenger transportation" with an emphasis on
eliminating corruption risks in the activities of public servants at the stage of exercising their power to admit to
transportation, which will contribute to the "quality" of such entities and will form an effective regulatory framework
for the relevant component of transport in general, its effective existence, the realization of the public interest and
its correlation with the interests of individuals. The purpose of the paper is the justification of the relationship of
the "quality" of standardization of the procedure for admission of entities to municipal passenger transportation
and corruption risks in the professional activities of public servants, which is related to this area, formulating
proposals for their multi-balance ratio to minimize these risks and "qualitative" standardization of the relevant
component of passenger transportation and transport relations in general based on the analysis of various sources.
The objects of the article are public relations directly related to municipal passenger transportation. The subject
of the article is the "quality" of standardization of relations in admission to municipal passenger transportation
and its connection with corruption risks in activity of public servants connected with the specified sphere of
relations. Methods of research. Both general legal and special methods of scientific cognition were used in research.
As the basis, the dialectic method was used, which allowed to reveal problematic issues in dynamics; juridical and
logical method allowed to form options for borrowing positive and avoiding negative experience of relevant rule-
making and law enforcement in foreign countries; forecasting and modeling were used for making proposals to
Baltic Journal of Economic Studies
107
Vol. 6, No. 5, 2020
strengthen "quality" of standardization of the procedure of admission to municipal passenger transportation in
order to eliminate corruption risks in the activities of public servants. Results. Admission to municipal passenger
transportation should be considered as a form of public procedure, the subjects of which are servants of local public
authorities. Given the specifics of municipal transport in general, any activity associated with its use, objectively
anticipates the risks of possible, including illegal, priority satisfaction of private interests of public servants and
the interests of relatives during the exercise of the public authority, which causes "corrosion" of public authority.
The procedure of admission to the relevant transportation, the "corruption freedom" of which depends on the
"quality" of normalization of its provisions, is not an exception. The relationship between the "quality" of legislation
and the "corruption risk" of professional activity of public servants, which is associated with the procedure of admission
to the services mentioned, is interdependent (the lower the quality of legislation, the higher the risks of "corrosion"
of professional activity of public servants and vice versa). In order to improve the "quality" of standardization of
the procedure for admission to the transportation and minimize corruption risks in the professional activities of
public servants associated with the above procedure, it is appropriate to strengthen the provisions of certainty
of the content of relevant legislation, their systematization (including in the form of codification), streamlining
the thematic definition series, meaningful consolidation of the principles of transparency, publicity, participation,
public-private partnership, guarantee of all elements and admission procedures in general.
Key words: "quality", legislation, municipal passenger transportation, public procedure, public interest, public
servants, corruption, corruption risks, transport of general use, improvement, model.
JEL Classification: D73, L91
1. Introduction
In terms of revising the provisions of legal regulation
of relations in the field of transport with the borrowing
of competitive principles of the European institutes to
ensure the integration of transport into European and
world transport area, with revision of models of relations
between relevant public administration entities and
private entities, ensuring balance of their interests ,
including in the context of national and supranational
threats and focus on expanding the implementation of
rights, freedoms and legitimate interests of the latter in
the field of transport, strengthening of the principles
of decentralization of power in the system of public
authorities occurs, resulting in a significant increase in
the number and diversity of regulatory and legal acts
aimed at settling the above relations. Unfortunately, at
the same time the processes of "growth" and a variety of
forms of corruption in the activities of public servants,
whose professional sphere is directly related to transport
relations with the involvement of municipal transport,
are also active. Analysis of law enforcement activities of
anti-corruption entities in all its manifestations shows
a fairly steady trend towards an increase in the number
of detected acts of corruption committed by public
servants directly related to the exercise of their authority
over the procedure for admission to municipal passenger
transportation. The specifics of the legislative regulation
of the latter presupposes the presence of many "defects",
which create the basis for variable manifestations,
including illegal, of the activities of public servants
with a subjective arbitrary interpretation of the latest
provisions of the law. "Low-quality " regulation of the
provisions of the activity of public servants to exercise
power over the admission to municipal passenger
transportation has a negative impact not only on
the implementation of passenger rights (of various
categories), but also provision of the public interest,
and contributes to the formation of a national threat
with a "corrosive" sign of power within administrative
and territorial units, especially the country in general.
An integrated approach to clarifying the problems of
"municipal passenger transportation" with an emphasis
on eliminating corruption risks in the activities of public
servants at the stage of exercising their power to admit
to transportation, which will contribute to the "quality "
of such entities and will form an effective regulatory
framework for the relevant component of transport
in general, its effective existence, the realization of the
public interest and its correlation with the interests of
individuals.
2. Analysis of recent topical resources
The interest of legal scholars can be divided into
several topic-specific areas in the general scientific
search for optimal models of forming a scientific basis
for the regulation of social relations directly related to
municipal passenger transportation. The specificity of
the subject of research determines the focus of scientists
from different scientific fields, different branches of
legal science, however, with increasing specialization
of research in various aspects. Thus, among the most
common aspects of the subject of research there is the
phenomenon of a contract of carriage of passengers by
municipal transport of general use, which is undoubtedly
the prerogative of civilists (for example, the works by
А. Yanovytska, О. Dzera, V. Borysova, О. Belianevych,
Baltic Journal of Economic Studies
108
Vol. 6, No. 5, 2020
А. Dovhert, І. Zelenskyi, О. Sadikov, Ye. Kharytonova,
V. Yarotskyi, etc.), including in the context of the analysis
of the issue of contract law in general. Representatives of
administrative law and municipal law sciences are of no
less interest, focusing on the issues of legal regulation of
public administration in this area of transport relations,
including in the context of decentralization of power
(for example, the works by V. Beschastnyi, D. Malyshko,
Т. Hurzhii, М. Stotska, Т. Cherniavska, А. Prysiazhniuk,
S. Moskalenko, V. Kharytonova, Т. Koliada, V. Ilchuk,
N. Bortnyk, etc.). Some aspects of the legal regulation
of municipal passenger transportation are analyzed by
representatives of financial and legal science with an
emphasis on the formation and use of local budgets
(for example, V. Chernadchuk, N. Huberska, etc.),
labor and social law – the implementation of the right
to transportation for the categories of persons entitled
to "benefits", the science of economic law – business
in the transport sector, etc. Studies of the problems
of transport, including municipal passenger transpor-
tation, its legal regulation as an integral element of
the subject of transport law, become increasingly
prevalent, especially in the conditions of the upgraded
vision of the system of law (for example, the works by
М. Shelukhin, Yu. Zaika, B. Derevianko, S. Hrudnytska,
L. Herasymchuk, О. Antoniuk, V. Vyshnevetska, etc.).
It is the admission to the relevant transportation,
the definition of its principles, standardization are
analyzed, albeit in fragments, by representatives of
various areas of public law, which is quite justified, as
the specifics of transport determines its presence under
any circumstances in the field of public law regulation,
orientation for the realization of public interest.
However, given the availability of papers directly focused
on procedural issues (public procedures, administrative
procedures, municipal procedures), specialized
scientific works with an emphasis on the peculiarity
of these procedures in relation to municipal passenger
transportation (admission criteria, conditions of
admission, quotas of categories of passengers entitled to
benefits subject to transportation, service under certain
administrative law etc.), there are quite a few of them
and even the existing ones cover the mentioned issues
without focusing on the "quality " of standardization
and the presence of corruption risks in the professional
activity of public servants, which is associated with
admission to transportation (for example, the works by
D. Malyshko, А. Sobakar, S. Moskalenko, N. Bortnyk,
etc.). At the same time, there is a significant number of
works by representatives of administrative law, criminal
law science on combating corruption in general, some
of its manifestations in the activities of public servants
(for example, the works by О. Dudorov, М. Khavroniuk,
Т. Kolomoiets, S. Kushnir, О. Mykolenko, V. Kolpakov,
V. Harashchuk, etc.). Unfortunately, there is no work
to cover the issue of corruption risks in the activity of
public servants, which is related to the field of municipal
passenger transportation, including admission to them
during the implementation of procedures regulated
by law, which causes a gap in the scientific framework
of relevant rule-making focused on improving the
provisions of current legislation to enhance the "quality "
of the normative principles of the above relations, which
should result in order, unification of law enforcement
with the elimination of preconditions for corruption by
public servants.
3. Admission to municipal passenger
transportation as a type of public procedure
Transport is a unique phenomenon that directly
"permeates" the existence of the state, society, individual,
ensuring both the realization of the interests of the latter
(for example, freedom of movement) and the realization
of public interest (transportation of persons, property,
strategic connection of administrative and territorial
units etc). It is "vital for everyone, and with the right
mix of solutions, sustainable transport will help us to
realise a better future by helping to reduce poverty while
protecting the planet and driving economic growth"
(Activity, 2016). Due to its polystructural, integrative
nature, this specificity is inherent in all phenomena
that are "related" to it, including "municipal passenger
transportation". A detailed analysis of the proposed
phrase contains an indication of several components of
its unique resource, namely: "what", "with what", "what
mode of transport". Accordingly, we can talk about:
a) transportation (i.e. a certain process, and therefore about
the standardized, planned, targeted, resource-provided,
safe, etc. process ("what?")); b) passengers ("who?")
as persons in respect of whom such transportation is
carried out (different categories, including those with
special needs, different ages, at different times, etc.);
c) transport ("with what?"), while the title itself contains
clarifications, namely "municipal transport", which
simultaneously clarifies the administrative and territorial
boundaries of its use, its subordination, as well as its
purpose – for public use, to realize the public interest.
We should also add the fact that transport is a source of
increased danger, and therefore its use, and particularly
for the "interests of all", for the public interest necessarily
requires the presence of public law regulatory influence.
Under such conditions, the subject of public authority,
including local, is a monopolist in the settlement of
relations directly related to the use of transport as
a strategic resource, must provide such transportation
independently ("light version", monopolized, typical
of administrative model of regulation), or to delegate
such powers to a certain subject (in "mini version",
the model of mutual relations and the actual subject
of transportations as close as possible on the status to
the subject of public authority, or the subject linearly
subordinated to it, or otherwise a dependent entity, are
defined), or finally "appeal to the market", providing
Baltic Journal of Economic Studies
109
Vol. 6, No. 5, 2020
a specific approach to free access by private carriers
("hard version", which requires standardization of
requirements for vehicles, carriers, transportation
rules, as well as admission to such transportation). We
can find another options for defining such models of
relations with the participation of public authorities for
the organization of municipal passenger transportation,
namely: a) "communal" (Prague, Bucharest);
b) "Scandinavian" (London), "competitive contracting
of routes" (London, Stockholm, Copenhagen, Gifhorn);
c) "French", "competitive contracting of route net-
works" (some cities of France, Italy, Spain, Sweden);
d) "subsidiarily unregulated", "free market" with minimal
public interference (Malyshko, 2017). In a market
economy, competitive principles of relations in general,
the latest "version" of the legal regulation of municipal
passenger transport seems fair, relevant, focused on
providing "the best for less". And this is quite justified
only if there are "quality" standardization (clear,
transparent, defined, with no grounds for discretion,
for arbitrary, subjective interpretation of the law and
its application) of the procedure for admission to such
transportations and compliance with the relevant
requirements during transportation. On the one hand,
the first two "versions" are "traditional", "ordinary",
"stable", "less comfortable" in the context of the public
interest in transportation, but on the other hand, they
indicate "more corruption riskiness" because they
eliminate any initiative, participativity, transparency,
"the desire to offer better, comfortable with lower costs",
they can be called conditionally "cliched". Admission
to transportation under such "versions" is conditional,
formal, "cliched" and more "collision" (the subject carries
out, controls, reports and in case of deviations – hides
independently). The last "version" is dynamic, "live",
"flexible", "mixed", provides "external" influence, and
therefore more transparent, with the possibility to modify
individual elements, variable in the implementation
process and so on. Admitting individuals or anyone in
general to tender for transportation actually regularizes
competition, the pursuit of "better quality", which
certainly deserves approval and implementation, but
at the same time requires detailed standardization of
the definition of the "best" carrier and its admission to
transportation. When introducing tender for admission
of persons to the relevant transportation (as the most
common procedure in the world), the subject of public
authority should be aware of the following elements: the
expediency of its detailed standardization (to eliminate
"defects" of interpretation and application of legal
requirements by entities with different levels of legal
culture, legal education); target orientation (the "best"
carrier, effective realization of public interest), as "ensuring
the realization of the rights of persons and preventing
their violation" (Administratyvna protsedura, p. 7), the
occurrence of "external" consequences that violate the
rights and responsibilities of persons who are "outside
the system of public administration" (Administratyvna
protsedura, p. 7); by-law explicitation (local rule-making
taking into account the peculiarities of the administrative
and territorial unit, population, migration processes,
etc.); security; legal means support, formal consolidation
of the result (as a kind of administrative act); urgent
burden (limited in time because it requires realization
of public interest); indisputability (solution of the
"positive" case). The presence of these features, typical
for the public procedure, suggests that the procedure for
admission to municipal passenger transportation is one
of the varieties of such a procedure.
4. Corruption risks for public servants
during the procedure of admission
to municipal passenger transportation
The relevant admission procedure should be
considered with an emphasis on the presence of
corruption risks for public servants when using any of
the above "versions" of the relationship. However, for
the first two there will be many of them, they will be
"more relief " because they provide direct "immersion"
of subjects in purely public relations, minimization
of "external" intervention, expanded opportunities
for less detailed internal regulation of principles,
increased latency of possible violations and their
consequences, intrasystemic subjective "opposite"
unity, etc. However, the third "version", although
provides for the introduction of competitive principles,
expands the grounds for "external" intervention, public
participation, transparency, etc., also does not eliminate
corruption risks in the activities of public servants
whose professional field is related to the admission
procedure to the transportation mentioned. Despite
the prevalence of such a procedure in many countries
around the world, it is the "quality " of standardization of
its principles that determines the "corruption riskiness"
of the activities of public servants in this area of rela-
tions and the development of this area in general.
Summarizing the relevant experience, we can conditio-
nally identify several "basic" corruption risks, the pre-
sence or absence of which is directly related to the "qua-
lity " of legislation. Among them there are: a) collision
in regulation of the principles of implementation of the
powers of local public authorities to admit persons to
these transportations in the legislation on transport,
modes of transport and the legal status of these public
authorities. The model with a detailed list of powers in
both the "basic" legislation on local public authorities
and the "basic" legislation on transport ("duplication" of
provisions) is the "perfect" one. Such a model is typical
for most European countries, but there is also a model
with fixing the principles of discretionary powers
of these entities in the relevant field and different
provisions on the powers of these bodies in this area
(for example, Ukraine), which is a prerequisite for
Baltic Journal of Economic Studies
110
Vol. 6, No. 5, 2020
subjective approach to the arbitrary interpretation of
the provisions of the law or different solutions to the
collision of legal requirements. Describing discretion as
a "corruption risk" in the activities of any public servant,
Cesar Queiroz and Alex Visser, referring to the work
by Robert E. Klitgaard, reasonably defined their place
in the formation of corruption, namely: "corruption =
= monopoly + discretion – accountability " (Klitgard,
1988), (Corruption, 2001), which was justified for
the scope of these transportation and the activities of
public servants directly related to the latter. Absolute
standardization of the relevant powers of local public
authorities in legislative acts that determine their status,
as well as in transport legislation, the provisions of
which duplicate these powers, eliminate the precon-
ditions for "corrosive" interpretation and application of
relevant provisions; b) a somewhat formal and residual
approach to the use of tender as a procedure for admis-
sion to these services, which should be considered as
a kind of "comprehensive" basis for possible acts of
corruption of public servants in the exercise of their
powers. Unfortunately, the analysis of the legislation
of different countries of the world shows different
approaches to settling the principles of this tender
procedure: from the most detailed (for example, Ger-
many, Poland, France), detailed (for example, the Czech
Republic, Hungary) and settled in general (for example,
Ukraine), with commensurate "corrosion" threats to
local public authorities. Among the "problematic" issues
of procedure regulation there can be distinguished:
1) defects of the subject element, namely the
absent or generalized approach to determining the
composition of the tender commission (working body),
which "accompanies" such a procedure, makes the final
decision on which the act of governance is issued.
Most of the provisions on "public admission", "public
participation", but the criteria for selecting members
of the tender commission, including members of the
public are "normatively indefinite". In particular, in
Ukraine, it is envisaged that at least 50% of the tender
commission should be formed by representatives of
public organizations whose activities are related to the
field of transport (Postanova, 2008). At first glance, the
provision is logical, reasonable, it fixes the principles of
public participation. Unfortunately, the analysis of law
enforcement practice shows the "defects in content"
of this provision, because it is unclear which public
organizations can form the composition of the tender
commission, because the concept of "transport" is
too broad, and therefore there can be different public
organizations, including those concerning different
modes of transport. Public servants "involved" in the
formation of the tender commission, in fact, have "ample
opportunities" to adjust its composition, interpret these
regulations differently. In addition, it is unclear why
the "public" element of the tender commission should
be equal to "50% +" given that the commission should
include representatives of many bodies authorized to
exercise special powers in the field of urban passenger
transportation (traffic safety, environmental safety,
resource provision, etc.). The ratio should be justified
so that the result of the admission is effective, and
transportation – high-performance, can promote the
realization of the public interest, including in the face
of extreme threats. That is why in order to eliminate
any arbitrary manifestations of interpretation and
application of its provisions, participation of "fake",
"one-day " public organizations, agreements between
business entities on the distribution of "procedures
for admission to the transport sector", the ratio of
participants, as well as the criteria for their selection,
should be clearly defined in legislation.
2) defects in the standardization of the admission
procedure itself, because both the monopoly of the
public authority on the organization of the relevant
transportation, and a purely "commercial", "private"
subjective element of service have threats to the
efficiency and effectiveness of such transportation
(Kenny, 2009), including due to the "redistribution of
the transport sphere between several entities" (Sieber).
It is logical to establish the principles of mandatory
involvement of both private and public entities for the
organization of such transportation, the introduction
of "mixed" municipal passenger transportation (for
example, the experience of Spain, Sweden, Germany,
Australia) (Germa Bel, Jordi Rosell), the role and
importance of which significantly increase in the context
of national, supranational threats (for example, in the
context of the COVID-2019 pandemic). It is important
to ensure transparency, accessibility, certainty and clarity
of the terms of the tender, the procedure of the tender,
its result, guaranteed implementation of the latter.
Under such conditions, it is necessary to realize that it
is the "defect" of the standardization of these provisions
that provides the maximum grounds for possible illegal
action by a public servant whose professional activity
is related to transport including with admission to
the above transportation. Niklas Sieber rightly draws
attention to the need to ensure "independent audit of
the terms of the tender, transparency of information
about the event, accessibility, clarity of information,
free access to it, free circulation of information, control,
reporting" (Sieber). Charles Kenny singles out almost
similar problems, noting that their elimination will help
to overcome "corruption in transport", and therefore
among the important prevention tools there are: public
orientation, control, transparency through public
participation in tenders and public control of tender
documents, independent audit and public-private anti-
corruption cooperation" (Kenny, 2009). The specified
provisions are acceptable to eliminate "corrosion" in
the procedure of admission to municipal passenger
transportation in different countries, because there
is: the practice of "formal" admission to the tender
Baltic Journal of Economic Studies
111
Vol. 6, No. 5, 2020
without an independent audit of its conditions (mainly
in Eastern European countries), limited informing
(for example, release of information only in the print
media (sometimes even without specifying media)
(for example, in Latin American countries) but not on
the official websites of authorized bodies), untimely
informing about the stages of the procedure, "closed"
mode of the tender commission and stretched period to
sign the protocol of its meeting and submit to the subject
of public authority to adopt an act of governance (for
example, in the countries of South Asia, Africa); all this
creates "barriers" to control both the procedure and its
result. In fact, the "red flags" (Kenny, 2009), or identifiers
of corruption risks in the public activity of employees,
which is related to the admission to municipal passenger
transportation, are outlined: а) the absence (limitation)
of public admission to the tender information; b) non-
transparency (discrimination) of criteria for selection
of members of the tender commission; c) incomplete
information about the procedure, its elements;
d) lack of independent audit of tender conditions;
e) non-transparency (barrier) of public participation;
f ) "closed" tender procedure and final decision-
making; g) the absence of "barriers" for the monopoly
participation of several entities; h) long terms for
registration of the decision of the tender commission,
announcement of results and acceptance of the act of
governance. The "defect" of enshrining these provisions
actually forms the preconditions for possible arbitrary,
subjectively justified actions of public servants, whose
professional activity is associated with admission to
municipal passenger transportation, taking into account
the priority of the realization of their private interests,
the interests of their relatives, which threatens the
realization and protection of public interests, contributes
to the "corrosion" of public authority. Elimination of
such identifiers of corruption risks will facilitate the
improvement of the procedure of admission to the
specified transportations, its transparency, certainty,
"target purity " of participation of subjects, with gradual
normative consolidation of ISO 37001: 2016 procedures
(ISO 37001:2016. Anti-bribery management
system – Requirements with guidance for use) (Anti-
bribery, 2016), but also solving a range of other issues,
taking into account the specifics of the sphere of relations,
such as: environmental safety through "environmentally
friendly " vehicles, transportation of passengers with
special needs, freedom of movement, which must be
facilitated by public authorities, taking into account
the relevant categories of persons, the popularity of
municipal passenger routes, financial revenues to local
budgets from this type of activity with the maximum
implementation of automated systems, modernization
of transport infrastructure with increased comfort,
attractiveness, simplification of use, providing municipal
passenger transportation adhering to the requirements
of national and supranational threats, etc.
5. "Quality" of standardization
of the principles of admission to municipal
passenger transportation as an effective
condition for preventing corruption
in the professional activity of public servants
The "quality " of standardization is traditionally
considered in legal science in terms of "quality of
rule-making" as an activity focused on "development,
consideration, adoption and official promulgation
of regulations determined by a certain procedure"
(Zahalna, 2020) and as the "quality of the result of such
rule-making" or "quality of legislation" in the broadest
sense, covering all regulations designed for the relevant
sphere of public relations (Parkhomenko, 2008). In
this paper, the "quality " of the legislation should be
defined as already existing legislation that regulates the
sphere of relations directly related to the admission to
transportation with participation of public servants.
The specificity of the sphere determines the specificity
of the legislation (especially taking into account the
peculiarities of the administrative and territorial division
of the country, territorial organization of power), and
hence the requirements for "quality ", mainly in the
context of growth and diversification of "external" threats
which affects its interpretation and application, further
forming the basis for the "corrosion" of public authority.
The subject of research is no exception. In order to
prevent these negative phenomena, their consequences,
it is appropriate: а) to systematize regulations that
define the powers of all public entities in the field of
transport, including those on admission to municipal
transportation, in a single codified legal act (for example,
the Transport Code as in the USA); b) to coordinate
the provisions of this act with the content of legislative
(possibly systematized) acts fixing the legal status of
local public authorities; c) to enshrine the provisions in
the section "Procedures in the activity of management
entities in the field of transport" of the above codified
legal act and to define the admission as a kind of public
procedure; d) to detail the procedural principles of
admission to the maximum using absolutely defined
rules (without evaluative provisions, "open" lists, etc.);
e) to fix the provisions on the formation of the tender
commission with mandatory representation of not less
than 40% of the personnel of public organizations whose
statutory activities are directly related to the specified
type of activity of the relevant mode of transport in
the administrative and territorial unit; to provide
mandatory external audit of tender conditions; to ensure
mandatory participation of public and private entities
in the tender providing public-private partnership in
various forms (adopting the experience of Great Britain
and Portugal); to release the terms of the competition,
its stages, results on the official website of the public
authority, whose powers include the organization
and implementation of the admission procedure; to
Baltic Journal of Economic Studies
112
Vol. 6, No. 5, 2020
conduct an open tender and cover its results promptly,
to prepare the act of governance; to control over the
implementation of the result of admission and response
in case of deviations from these requirements. The
"quality " of the standardization will help to minimize
the subjective arbitrary manifestation of the will of the
public servant regarding the admission to the specified
transportations, and hence his or her opportunities for
any, including illegal, actions focused on the priority of
satisfying their private interests and the interests of their
relatives, and hence the "corrosion" of public authority.
6. Conclusions
Admission to municipal passenger transportation
should be considered as a form of public procedure, the
subjects of which are servants of local public authorities.
Given the specifics of municipal transport, any activity
associated with its use, objectively anticipates the risks of
possible, including illegal, priority satisfaction of private
interests of public servants and their relatives causing
the "corrosion" of public authority in the exercise of the
public powers provided. The procedure of admission
to the transportation, the "corruption freedom" of
which depends on the "quality " of normalization of
its provisions, is not an exception. The relationship
between the "quality " of legislation and the "corruption
risk" of professional activity of public servants, which
is related to the procedure of admission to the services
mentioned, is interdependent (the lower the quality
of legislation, the higher the risks of "corrosion" of
professional activity of public servants and vice versa).
In order to improve the "quality " of standardization of
the procedure for admission to the transportation and
minimize corruption risks in the professional activities
of public servants associated with the above procedure, it
is appropriate to strengthen the provisions of certainty
of the content of relevant legislation, their systema-
tization (including in the form of codification), stream-
lining the thematic definition series, meaningful conso-
lidation of the principles of transparency, publicity,
participation, public-private partnership, guarantee of
all elements and admission procedures in general.
References:
Activity report 2014 and 2015/ International Association of Public Transport. Bruxelles: UITP. 2016, 60 p.
Malyshko, D. V. (2017). Administratyvno-pravove rehuliuvannia u haluzi munitsypalnoho transportu v Ukraini:
Dysertatsiia k.yu.n.: 12.00.07 [Administrative and legal regulation in the sphere of municipal transport in Ukraine:
Dissertation of the Cand.Sc. (Law): 12.00.07]. Zaporizhzhia: ZNU.
Boiko, І. V., Zyma, О. Т., & Soloviova, О. М. (2017). Administratyvna protsedura: konspekt lektsii [Administrative
procedure: lecture notes]. Kharkiv: Pravo.
Klitgaard, Robert E. (1988). Controlling Corruption. Berkeley: University of California Press.
Corruption, Transport Infrastructure Stock and Economic Development by Cesar Queiroz and Alex Visser. World
Bank. Infrastructure Forum. Washington, D.C. May 2-11, 2001. Available at: http://citeseerx.ist.psu.edu/viewdoc/
download?doi=10.1.1.582.3165Lrep=rep1Itype=pdf
Pro zatverdzhennia Poriadku provedennia konkursu z perevezennia pasazhyriv na avtobusnomy marshruti
zahalnoho korystuvannia: Postanova Kabinetu Ministriv Ukrainy vid 03 hrudnia 2008 roku № 1081 [On Approval
of the Tender Procedure for Passenger Transportation using Bus Route of General Use: Resolution of the Cabinet
of Ministers of Ukraine No 1081 dated December 03, 2008]. Available at: http://zakon.rada.gov.ua/laws/
show/1081-2008-%DO%BF#Test
Kenny, Charles (2009). Transport Construction, Corruption and Developing Countries, Transport Reviews, 29:1,
21–41.
Sieber, Niklas. Fighting Corruption in Road Transport Sector. 10. Lessons for Developing Countries Sustainable
Urban Transport Technical Document №10. Available at: http://www.researchgate.net/publication/301232311-
Corruption-in-Transport
Germa Bel and Jordi Rosell. The role of transaction cost on mixed delivery analysis: evidence from the Barcelone
local bus system. Available at: http://dialnet.unirioja.es/descarda/articulo/5187615.pdf
Kenny, C. (2006). Measuring and Reducing the Impact of Corruption in Infrastructure. World Bank Policy
Research Working Paper. № 4099. Washington DC.
ISO 37001:2016. Anti-bribery management system – Requirements with guidance for use. Available at:
http://www.iso.org/standard/65034/html
Petryshyn, О. V., Lukianov, D. V., Maksymov, S. І., Smorodynskyi, V. S. et al. (2020). Zahalna teoriia prava:
pidruchnyk [General theory of law: textbook]. Kharkiv: Pravo.
Parkhomenko, N. M. (2008). Dzherela prava: problem teorii ta metodolohii [Sources of law: problems of theory and
methodology]. Kyiv: TOV Vydavnytstvo "Iurydychna dumka".