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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 Admiral Makarov National University of Shipbuilding, Ukraine (corresponding author)
E-mail: Dmytro.bar@ukr.net
ORCID: https://orcid.org/0000-0002-9626-9607
2 National Technical University of Ukraine "Igor Sikorsky Kyiv Polytechnic Institute", Ukraine
E-mail: igor.shumak@ukr.net
ORCID: https://orcid.org/0000-0003-3799-7476
Web of Science ResearcherID: KAV-0075-2024
3 National University "Odesa Law Academy", Ukraine
E-mail: annush@ukr.net
ORCID: https://orcid.org/0000-0003-4492-956X

DOI: https://doi.org/10.30525/2256-0742/2024-10-4-62-70

PRINCIPLES OF ANTI-CORRUPTION IN ADMINISTRATIVE LAW: 
ECONOMIC AND LEGAL ASPECT

Dmytro Baranenko1, Ihor Shumak2, Ganna Sarybaieva3 

Abstract. Corruption can be understood as a social phenomenon that emerges from a complex interplay  
of political, social, and economic factors, particularly in countries undergoing the process of state formation. 
Notwithstanding the existence of long-standing democratic traditions and a considerable history of anti-corruption 
measures, this negative phenomenon persists in European Union Member States. In developed countries, 
the conditions for countering corruption are more favourable; nevertheless, it remains a significant problem.  
In Ukraine, which is undergoing a process of democratisation of its governmental structure, corruption represents 
a significant challenge. Radical reforms of the administrative, socio-economic and legal systems are contributing 
to the emergence of new corruption threats that require active counteraction. The effective fight against 
corruption is one of the key factors in the development of public administration, ensuring economic stability 
and public confidence in state institutions. The analysis of economic and legal aspects of combating corruption 
in administrative law is of particular importance for understanding the ways to overcome this phenomenon and 
build effective prevention mechanisms. The objective of this study is to conduct a comprehensive analysis of the 
legal and economic mechanisms that can be employed to combat corruption in the context of administrative law.  
The research methodology employs a range of methods, including policy analysis, empirical methods and 
comparative methods. This article examines the principles of combating corruption in administrative law, with a 
particular focus on the economic and legal aspects. Corruption represents a significant challenge to the stable 
development of society and the economy. In the context of globalisation and current management reforms, 
the issue of combating corruption is particularly salient. The principal administrative and legal instruments for 
combating corruption are examined, together with their impact on the country's economic development.

Keywords: anti-corruption, administrative law, economic and legal aspect, administrative offenses, anti-corruption 
legislation, public administration, financial control, conflict of interest, administrative liability, integrity.

JEL Classification: D73, K23, H83

1. Introduction
Corruption represents a significant challenge to the 

advancement of the state, impeding economic stability, 
social justice, and the general trust in state institutions. 
In Ukraine, as in many other countries, corruption 
has deep-seated roots, necessitating comprehensive 
reforms in the way it is combatted. One of the principal 
mechanisms through which this challenge may be 
addressed is through the lens of administrative law. 
This field of study seeks to regulate the activities of 

government bodies and ensure the realisation of  
citizens' rights and freedoms.

The economic and legal aspects of combating 
corruption in administrative law represent a crucial 
element of this system. This entails the examination 
and enhancement of the legal norms that regulate the  
actions of state institutions with the objective of 
eliminating the factors that contribute to corruption. 
In particular, this involves the creation and 
implementation of anti-corruption measures that can 



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guarantee transparency, accountability, and efficiency  
in administrative processes.

It is important to research the economic and legal 
aspects of combating corruption in administrative 
law in order to evaluate existing legislative initiatives,  
assess their effectiveness, and determine their 
compliance with European standards. It is essential to 
examine the following key issues: the mechanisms of 
anti-corruption expertise, the role of state bodies and 
civil society in combating corruption, and the tools 
for monitoring and controlling compliance with anti-
corruption norms.

One of the principal mechanisms for the prevention 
of corruption in Ukraine is the provision of anti-
corruption expertise, which performs an analytical 
and legal function with the objective of identifying 
regulatory legal acts or drafts of norms that may contain 
provisions conducive to corruption. This tool is in 
accordance with the stipulations set forth in Article 5  
of the UN Convention against Corruption, which 
requires states to undertake periodic assessments of 
their legal mechanisms and administrative measures to 
ascertain their efficacy in the prevention of corruption.

In Ukraine, anti-corruption expertise was 
introduced in 2009. In 2014, the Verkhovna Rada 
clarified the procedures for its implementation and 
expanded the circle of authorised persons according 
to anti-corruption law 1700-VII (The Law of Ukraine  
"On Prevention of Corruption", 2014). Articles 
1 and 55 of this legislation regulate anti-corruption  
activities within the country and provide for the 
development of recommendations to eliminate 
corruption-generating factors, thereby establishing 
anti-corruption expertise as a crucial component of 
the legislative process. Prior to the comprehensive  
incursion in February 2022, government entities and 
civil society members were actively engaged in the 
anti-corruption assessment of regulatory legislation 
at both the local and national levels. The Ministry of 
Justice of Ukraine and the Verkhovna Rada conducted 
mandatory inspections, while the National Agency 
for the Prevention of Corruption conducted selective 
audits, and civil society representatives performed 
public assessments.

Notwithstanding the considerable impact of the  
full-scale invasion on the operations of all state 
institutions, the legislative process persists, and the  
fight against corruption remains a priority for Ukraine 
on its path to European integration. 

The aim of the article is to establish the principles 
of combating corruption in administrative law and to 
identify the key achievements and problems in this area. 

The object of the study is public relations arising 
in the course of implementation of anti-corruption  
measures in the field of public administration and 
administrative law, in particular in the context of their 
economic impact on society. 

The subject of the study is the economic and legal 
mechanisms for combating corruption implemented 
through administrative law instruments, as well as the 
effectiveness of legal norms, measures and sanctions 
aimed at preventing, detecting and combating 
corruption offenses in the public sector. 

Research tasks:
1. To characterise the essence and causes of corruption  
in the system of administrative management, in 
particular from the economic point of view.
2. To analyse the current legislation of Ukraine and 
international experience in the field of administrative 
and legal regulation of anti-corruption activities.
3. To determine the impact of economic factors  
(such as low salaries of civil servants and economic 
inequality) on the prevalence of corruption offences.
4. To propose improvements to administrative,  
economic and legal mechanisms to increase the 
effectiveness of combating corruption in public 
administration.

Thus, in the context of combating corruption in 
Ukraine, the issue of the economic and legal aspect of 
administrative law is of particular relevance. Corruption 
as a socio-economic phenomenon has a negative 
impact on all spheres of public life, which necessitates 
a comprehensive approach to overcoming it.  
Identifying and analysing the main problems  
associated with corruption can serve as a basis for 
developing effective mechanisms for preventing and 
combating it.

2. Methodology
The policy analysis method entails an examination 

of existing governmental programmes, regulatory 
acts, and other measures that are designed to combat 
corruption. It enables the evaluation of the efficacy 
of policies pertaining to administrative law and their 
influence on economic relations. This method permits 
an examination of extant anti-corruption policies and 
their tangible impact on the reduction of corruption 
levels within the context of administrative law.  
By means of policy analysis, deficiencies in regulatory 
acts and administrative procedures that facilitate 
corrupt practices have been discerned. In light of the 
aforementioned analysis, a series of recommendations 
have been put forth with the aim of enhancing the  
legal framework and the practical implementation of 
anti-corruption measures.

The empirical method is founded upon the  
gathering and examination of tangible data pertaining 
to instances of corruption, the efficacy of anti-
corruption strategies, and the evaluation of public 
sentiment concerning the prevalence of corruption 
within the administrative apparatus. It entails the 
utilisation of statistical data, sociological research, 
and case studies of corruption offences. The empirical 



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method has facilitated the collection of empirical  
data on corruption processes within administrative 
bodies, thereby providing insight into the actual 
state of affairs rather than merely theoretical models.  
This method allows for the identification of the  
primary causes and determinants of corrupt actions, as 
well as the evaluation of the impact of economic factors. 
The empirical method has facilitated the assessment 
of the efficacy of existing administrative measures  
and economic incentives in combating corruption, 
based on empirical evidence.

The comparative method entails the analysis and 
comparison of the legal systems of disparate countries 
or regions, each with its own history of combating 
corruption. This approach enables the identification 
of successful practices and the identification of 
opportunities for their adaptation to the Ukrainian 
context. The comparative method has facilitated an 
investigation of the experiences of other countries in 
combating corruption, and has identified which legal 
and economic mechanisms have demonstrated the 
greatest efficacy. The comparison of legal institutions 
and mechanisms across a range of countries has 
facilitated the development of novel approaches to the 
improvement of legislation in Ukraine.

The application of these methods has enabled 
a comprehensive study of the issue of corruption 
in administrative law and its economic aspects.  
The combination of policy analysis, empirical data, 
and a comparative approach enables not only an 
evaluation of the current state of the problem but also 
the formulation of effective solutions based on the  
most appropriate international practices and real data.

3. Recent Research and Findings
In the article by Bortnyk N. P. and Bilinska L. V. (. 

2016), the authors examine administrative  
responsibility for corruption offences, emphasising that 
corruption is not only a social phenomenon, but also 
a psychological and moral one. It is important to note 
that responsibility for these offenses is directly related 
to the performance of official duties and the behaviour 
of individuals. The work analyses mechanisms of 
administrative responsibility as a key tool in the fight 
against corruption, influencing public service and  
law enforcement.

In the study of Honcharuk S. T. (2018), the  
main focus is on the analysis of legal aspects of 
administrative responsibility for corruption offences. 
He considers various forms of administrative offences 
related to corruption, as well as their peculiarities 
in Ukrainian legislation. The study provides 
a clear picture of the challenges in fighting corruption  
through administrative legal instruments, and  
highlights the need for further reforms to strengthen 
accountability mechanisms.

The research conducted by Grechaniuk R. V. on 
administrative responsibility for corruption offences 
committed by law enforcement officials identifies 
two distinct categories of violations: breaches of 
administrative anti-corruption safeguards (violations 
of restrictions on compatibility and the receipt of gifts) 
(Articles 172-4, 172-5 of the Code of Administrative 
Offences) and those related to corruption in the 
activities of officials, including violations of financial 
control, conflict of interest, illegal use of official 
information, and failure to take anti-corruption 
measures (Articles 172-6, 172-7, 172-8, 172-9 of the 
Code of Administrative Offences). The study uncovers 
shortcomings in the implementation of administrative 
accountability for corruption offences. The author  
puts forth a proposal for reforming these mechanisms 
with the aim of enhancing their effectiveness.

In their 2022 study, Kravchuk M. and Lavriv L. 
examine the nature of corruption and strategies for 
combating it in Ukraine. Zabroda D. (2013) posits that 
the administrative and legal foundations serve as the  
basis for regulating public relations that arise in the 
context of public administration. They establish 
principles that facilitate effective governance and 
guarantee the realisation of citizens' rights and  
freedoms. The author analyses the significance of 
pivotal categories within the field of administrative 
law, elucidating their role in the formation of the  
legal system. In particular, the categories of 
"administrative activity," "public services," and 
"administrative responsibility" are of paramount 
importance for an understanding of administrative 
relations.

The article by Dem'yanchuk Yu. V. (2016), modern 
administrative-legal measures to prevent and combat 
corruption in the Ukrainian public service system  
are examined in detail. The author emphasises 
that these measures must be comprehensive and  
integrated in order to have an effective impact on corrupt 
practices. Modern administrative-legal measures to 
prevent and combat corruption in the public service 
system in Ukraine highlight the need to integrate  
these measures into a unified system that takes into 
account the specifics of the public service and ensures 
real accountability for corrupt actions.

The article by Drozd O. Yu. (2023) presents an 
analysis of the theoretical and legal aspects of liability 
for administrative offences related to corruption 
in Ukraine, emphasising the importance of legal  
regulation of this issue. Drozd O. Yu. stresses that the 
theoretical and legal understanding of liability for 
administrative offences related to corruption is a crucial 
step in the fight against corruption in Ukraine and 
requires further research and practical implementation.

In his 2023 article, Kalitenko O. discusses the role of 
administrative responsibility in combating corruption 
within the Ukrainian state. The author analyses 



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the extant legislation and regulations governing 
administrative responsibility for corrupt acts, noting 
the necessity for improvements to the legislative  
framework to facilitate a more efficacious response 
to corruption. Kalitenko O. proposes a classification 
of corruption offences, particularly based on their 
severity and impact on society, which assists in the 
recognition and clear identification of the various 
types of corrupt acts. The article emphasises that 
administrative responsibility is an important tool in 
combating corruption, but achieving success requires 
systematic efforts to enhance legislation and improve  
its effectiveness.

Kuzmenko Yu. V. (2019) emphasises the importance 
of administrative responsibility as a component  
of the anti-corruption mechanism in Ukraine, 
highlighting its role in ensuring law and order and 
upholding legality. The article identifies several 
problems that hinder the effective implementation of 
administrative responsibility, including insufficient 
public awareness of the legal consequences of  
corrupt actions and a low level of law enforcement. 
Kuzmenko Yu. V. proposes specific measures to  
improve the mechanism of administrative liability,  
in particular:
– Development of new anti-corruption provisions in 
administrative legislation;
– raising the qualification level of law enforcement 
agencies on anti-corruption issues;
– conducting information campaigns aimed at  
raising public awareness of corruption incidents.

The article of Lozynskyi Y. L. (2020) deals with the 
issue of administrative responsibility for corruption 
offences, emphasising the importance of this aspect 
in the system of legal mechanisms for combating 
corruption. The author analyses the concept of 
corruption offences, noting that they include actions 
that violate ethical and legal norms related to the use  
of official positions for personal gain.

The article by Utkina M. S. and Bondarenko O. S. 
(2022) emphasises the importance of administrative-
legal foundations in the fight against corruption, which 
is a crucial issue for public administration in Ukraine. 
The authors substantiate the need to develop and 
implement effective mechanisms to prevent corrupt 
practices. They analyse the current legislation regulating 
anti-corruption issues in Ukraine, pointing out its key 
provisions and gaps. They believe that the improvement 
of legal norms is an essential step in the fight against 
corruption. All in all, the article by Utkina M. S. and 
Bondarenko O. S. contributes to the understanding of 
administrative-legal mechanisms of the fight against 
corruption in Ukraine and offers concrete ways of 
their improvement, which are relevant in the current 
conditions.

The article by Tkachenko O. V. (2011) discusses the 
main features of corrupt offences, in particular that  

such offences are usually associated with the use of 
official positions for personal gain.

From the analysis of the above literature, the  
following trends in research can be identified:
– Trends in scientific research on the principles of 
combating corruption in administrative law (economic 
and legal aspects);
– interdisciplinary approach;
– evaluation of the effectiveness of anti-corruption 
mechanisms;
– development of new models of legal regulation;
– study of socio-economic consequences of 
corruption;
– analysis of international experience;
– focus on preventive measures;
– development of theoretical foundations;
– interaction between state and non-state structures.

The trends in scientific research on the foundations 
of combating corruption in the administrative law 
of Ukraine demonstrate an increasing integration of  
various scientific disciplines, a focus on the effectiveness 
of anti-corruption mechanisms, and a desire to 
implement international standards. These developments 
offer promising avenues for the formulation of an 
effective system to combat corruption in Ukraine.

4. Research Results
As indicated in the joint communication from the 

European Commission on the fight against corruption 
(2023), corruption represents a significant threat to 
democratic processes and the integrity of institutions, 
with adverse effects on economic growth and social 
equality. Notwithstanding advancements, the 
efficacious combating of corruption in EU Member 
States continues to present a significant challenge. 
In light of the above, the European Commission 
calls for a coordinated effort among EU institutions 
and international partners to share experiences, 
implement measures to enhance transparency in public 
administration and procurement, take action for the 
effective prosecution of all forms of corruption, and 
improve mechanisms for protecting whistleblowers. 
The document puts forth a comprehensive approach to 
combating corruption, underscoring the significance of 
the rule of law, transparency, and collaboration in fostering 
a resilient society (European Commission, 2023).

The phenomenon of corruption is shaped by 
a multitude of factors, including the economic, 
political, and socio-cultural development of a state.  
It is not a phenomenon that has been artificially created; 
rather, it arises from the interactions of individuals 
who often choose to engage in bribery as a means of 
resolving their problems in a more expedient manner. 
This approach is especially attractive in the context of 
inadequate transparency and the ineffectiveness of 
existing administrative mechanisms.



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The key areas of the fight against corruption in 

Ukraine that need to be addressed urgently include  
the following:
1. Elimination of legislative gaps. A comprehensive 
examination of the extant regulatory framework is 
essential to enhance its efficacy and address potential 
avenues for corrupt practices.
2. Ensuring transparency in the activities of the 
authorities. Transparency in the activities of the 
authorities is critical for public trust. Systematic 
implementation of reporting mechanisms and open 
data will help reduce corruption risks.
3. Inventory and accounting of state and municipal 
property. A clear asset accounting system will help to 
identify misuse and ensure more efficient management of 
resources.
4. Computerization and automation of public services. 
The introduction of digital services has the potential 
to diminish the frequency of direct interaction  
between citizens and officials, thereby reducing the 
likelihood of corruption.
5. Establishing a quality public service system. It would 
be prudent to consider the implementation of salary 
increases and enhanced professional training for civil 
servants, as this could prove an effective strategy for 
reducing the likelihood of corrupt practices.

In light of the pervasive nature of corruption 
and its detrimental impact on society, sustained 
investigation in this field is of paramount importance. 
It is imperative that an effective system for the 
prevention and combating of corruption be established, 
incorporating anti-corruption measures across  
all areas of public administration. A comprehensive 
approach to addressing these issues is the only means 
by which Ukraine can overcome the challenges of 
corruption and ensure stable state development 
(Kravchuk & Lavriv, 2021).

The fight against corruption in Ukraine is regulated 
by various international and national legal acts that 
define the basic principles, methods and mechanisms 
for combating this phenomenon:
– UN Convention against Corruption (October 31, 
2003). It establishes international standards in the 
fight against corruption, in particular with regard 
to prevention, criminalisation of corruption and 
international co-operation;
– Criminal Convention on Corruption (ETS 173, 
January 27, 1999). Defines criminal acts related to 
corruption and obliges states to ensure effective 
investigation and punishment of corruption offences;
– Civil Convention on Corruption (November 4, 
1999). Regulates compensation for damages caused  
by corrupt practices, which is an important element of 
the economic and legal aspect of combating corruption;
– Code of Ukraine on Administrative Offenses  
(The Code of Ukraine on Administrative Offenses, 
1984). Contains articles that provide for administrative 

liability for corruption offences, helping to regulate  
the actions of civil servants.

Consider the issue of anti-corruption expertise in 
more detail.

The full-scale Russian invasion has had a significant 
impact on the conduct of anti-corruption expertise 
by authorised bodies, including the NACP (National 
Agency for Corruption Prevention), the Ministry 
of Justice, and the Verkhovna Rada Committee on  
Anti-Corruption Policy. The most evident dynamics 
can be observed in the work of the NACP. Between  
February 18 (a week before the invasion) and  
June 28, 2022, no conclusions were published  
following the expertise. The total number of analysed 
drafts of regulatory acts and current legislation in 
2022 is comparable to the results obtained in 2021. 
The pace of activity at the Ministry of Justice also 
decelerated to some extent in 2022, although a  
definitive cessation of operations did not occur.  
The Committee's activities during the ninth session  
also slowed down in comparison with previous  
sessions. A general analysis of the results of anti-
corruption evaluations published by the Ministry 
of Justice, the Committee and the NACP reveals 
a lack of clarity in the published data. This, together 
with differences in the methodology of conducting 
evaluations, the subjects of evaluation and the 
approaches to identifying corruption risks in standards 
and draft standards, makes it impossible to compare  
the effectiveness of the work of all three state bodies  
in the area of evaluation.

The presence of an advocacy component in  
corruption prevention activities qualitatively 
distinguishes the NAPC (National Agency for the 
Prevention of Corruption) from the Ministry of  
Justice and the Committee. The NAPC is purposefully 
building its capacity in this area. In 2023, a separate 
department for anti-corruption expertise (ACE) 
was established, and an updated methodology was  
developed and approved to bring ACE mechanisms 
in line with the goals set out in the Strategy and  
Programme. The NACP is increasing its political 
weight through targeted efforts to incorporate 
recommendations from anti-corruption expertise 
and to monitor compliance with the law in terms of 
submitting draft legal acts for review to the NACP.

The political aspect of this process aside, the proactive 
stance of the NACP stems from the purpose that 
preceded the establishment of this body. The NAPC 
was the first anti-corruption agency tasked with 
formulating and implementing anti-corruption policy. 
As a component of the anti-corruption policy, anti-
corruption administration is a strategic area of the 
NACP's activities. However, for the Committee and 
the Ministry of Justice, anti-corruption expertise is an 
additional burden that requires additional financial  
and administrative support.



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The adoption of the Strategy, which includes 

amendments to Law of Ukraine "On Prevention of 
Corruption" No. 1700-VII on the transfer of powers 
in the field of ACE from the Ministry of Justice to 
the NACP, strengthens control over compliance 
with the obligations to provide draft regulatory acts 
for examination, monitoring and advocacy of taking 
into account the results of ACE, including civic ACE.  
This, in turn, will increase competition among entities 
that professionally conduct ACE and improve the 
quality of expert opinions, and thus the quality of draft 
regulatory acts and current legislation.

An analysis of the publications on the official  
website of the NACP in the section "Anti-Corruption 
Expertise" shows that the full-scale invasion of 
Russia has affected the activities of the NACP. From  
February 18 to June 28, the NACP did not publish any 
conclusions resulting from anti-corruption expertise, 
indicating a significant slowdown in work in this area, 
although it did not stop completely.

Comparison of the annual performance of the 
NACP and the Ministry of Justice showed that the 
NACP processes 20% fewer documents than the 
Ministry of Justice, due to different methodologies and  
approaches to selecting projects for analysis.

In addition to anti-corruption expertise, the 
NACP also monitors the implementation of its 
recommendations. In 2021, the implementation rate 
was 85%, and in 2023, after the invasion, it rose to 96%. 
The NACP also actively promotes the consideration of 
the results of public expertise initiated by civil society.

The Ministry of Justice is responsible for the  
majority of regulatory acts that require anti-corruption 
expertise. The Ministry of Justice is responsible for 
conducting anti-corruption expertise of all regulatory 
acts submitted for consideration by the Cabinet 
of Ministers of Ukraine (CMU). Additionally, the 
Ministry of Justice conducts an annual anti-corruption 
expertise, analysing current laws, presidential acts,  
and CMU acts in five key areas: human rights  
and freedoms, tender procedures, provision of 
administrative services, allocation and spending of 
budget funds, and the powers of state authorities.

Anti-corruption expertise is carried out by 
the Ministry of Justice in accordance with the  
Methodology approved by the Order of the Ministry  
of Justice No. 1395/5 of April 24, 2017 (The Decision  
of the National Agency for the Prevention of Corruption 
"On Approval of Methodological Recommendations  
on Preparation and Implementation of Anti- 
Corruption Programs of Legal Entities" No. 734, 2017). 
As indicated on the website of the Verkhovna Rada of 
Ukraine, the methodology has remained unchanged 
since its inception. Accordingly, the expertise  
conducted by the Ministry of Justice has consistently 
adhered to uniform standards from the inception  
of this activity. The conclusions published on the 

Ministry's website adhere to a standard format;  
however, the conclusions released prior to 2021 lack 
a date of signing or publication.

In light of the Ministry of Justice's responsibility 
for conducting anti-corruption expertise on all 
draft regulatory acts considered by the Cabinet of 
Ministers, as well as acts subject to state registration, 
the number of documents processed can be regarded 
as an indicator of trends in the law-making process 
in Ukraine. To illustrate, the number of documents 
processed during the first to fourth quarters of  
2021 was 5,368, representing a 10% increase compared 
to the same period in 2022. In the year 2023, the  
Ministry processed 18.1% more acts than it did in 
the preceding year, 2022. A summary of data on anti-
corruption expertise indicates that in the second quarter 
(April to June) of 2022, the intensity of legislation 
decreased by 18% compared to the first quarter  
( January to March). However, in Q3 and Q4, legislative 
activity increased by 48% and 50%, respectively, 
compared to Q2 2022. In 2023, legislative activity 
returned to pre-war trends: Q1 was relatively less intense 
compared to Q2, Q3, and Q4. That said, in Q3, the 
intensity decreased slightly again. In 2021, the intensity 
of legislative activity in Q2 was 2.2% compared to Q1, 
1.8% in Q3, and 12.1% in Q4. In 2023, the fluctuations 
in intensity were larger: in Q2 compared to Q1,  
it was 22.2%, in Q3 – 17.2%, and in Q4 – 24.3%  
(The Ministry of Justice of Ukraine, 2023).

The conclusions of the anti-corruption expertise 
of current legislation, published on the Ministry of  
Justice's website, are presented in a standard format and 
include references to the normative-legal framework 
used, detailed explanations of corruption-generating 
factors, and recommendations for their elimination. 
Point 5 of the conclusions provides information 
regarding the executor, indicating that the expertise 
is conducted by the structural unit responsible for the 
regulation of the act. This is indicative of the Ministry 
of Justice's particular expertise in the field of anti-
corruption expertise.

Nevertheless, the website lacks conclusions  
regarding other regulatory acts submitted for 
consideration by the Cabinet of Ministers or subject 
to state registration. A review of the summarised 
reports indicates that recommendations for eliminating 
corruption-generating factors are included in  
checklists that have not been published. This makes 
it challenging to identify which unit is responsible  
for conducting the expertise.

The Verkhovna Rada of Ukraine Committee on 
Anti-Corruption Policy represents a further entity 
with responsibility for anti-corruption expertise.  
It is responsible for conducting expert analysis on draft 
regulatory acts submitted by members of parliament. 
In accordance with Part 4 of Article 93, the expertise 
must be conducted within 21 days. The conclusions 



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are formalised in the form of a draft decision  
of the Committee and transmitted to the pertinent 
committee of the Verkhovna Rada. The conclusions 
of the anti-corruption expertise are published on 
the website of the Verkhovna Rada in the section  
designated for "Working Documents," accompanied 
by the Bill Card. This format has been in effect since 
2020 and remains relevant for the period spanning 
2022 to 2024. Moreover, the Committee publishes 
periodic reports on its activities, which include data 
on the number of documents subject to examination 
and the conclusions reached. According to generalised 
data, the Committee on Anti-Corruption Policy  
reviews at least two thirds of all draft laws subject  
to anti-corruption expertise. However, in the first 
year of the full-scale invasion, the number of draft 
laws submitted to the Committee decreased by 38%,  
which indicates a decrease in the legislative activity 
of MPs by more than a third compared to the period  
before the invasion (February 2021 – January 2022). 
In the second year of the invasion (February 2023 – 
February 2024), activity increased by 18%, but it is  
still 26% lower than before the war.

In the course of its anti-corruption expertise, the 
Committee employs a methodology approved by 
the Ministry of Justice to compare new regulations  
with existing legislation. This demonstrates the 
commonality of methodological approaches between 
the Committee and the Ministry of Justice. However, 
a comparison of the draft laws developed by MPs 
with the draft laws to be considered by the Cabinet of 
Ministers reveals a discrepancy in the quality of the 
draft laws submitted by MPs, which is found to be  
much lower.

Based on the analysis of scientific research on the 
problem of corruption in Ukraine, the following  
main directions for overcoming it can be identified:
1. Ensuring equality before the law. Compliance 
with legislative norms in the field of preventing and 
combating corruption that apply to all participants in 
legal relations in various spheres of public life.
2. Improving judicial practice. Ensure inevitability of 
legal liability for corruption offences by improving the 
judicial system.
3. Co-operation between state and civil society 
institutions. Promoting co-operation to increase the 
effectiveness of anti-corruption efforts.
4. Consistency of anti-corruption measures. It is 
important that anti-corruption measures are long-term 
and consistent.

5. Conclusions
Corruption in administrative administration 

is a complex socio-economic phenomenon that  
arises from a combination of factors, including 
a lack of transparency in decision-making, insufficient 
accountability of public officials and unregulated 

administrative procedures. Economic factors, such as 
low wages and economic inequality, contribute to the 
emergence of corrupt practices, as officials may seek 
alternative sources of income.

The current legislative framework in Ukraine,  
including anti-corruption measures, exhibits 
certain deficiencies, particularly with regard to the 
implementation and monitoring of these laws. It is 
essential to enhance the efficacy of anti-corruption 
mechanisms through the improvement of the  
normative-legal framework. A review of international 
experience, in particular that of EU countries, reveals 
that effective anti-corruption systems encompass 
a comprehensive approach that integrates legal 
regulation, institutional transformation and active civil 
society participation. Currently, the full-scale Russia's 
invasion has significantly affected the anti-corruption 
expertise conducted by the National Agency for the 
Prevention of Corruption (NAPC), the Ministry of 
Justice and the Verkhovna Rada Committee on Anti-
Corruption Policy. The NACP showed the most 
noticeable dynamics: from February 18 to June 28, 
2022, no expert opinions were published. The total 
number of analysed regulations in 2022 remained 
at the level of 2021, although the Ministry of Justice 
also experienced a certain slowdown in its activities.  
The Committee's work in the 9th session was less  
active compared to the previous ones. A general 
analysis of the results of anti-corruption assessments  
submitted by these bodies shows insufficient clarity 
of data and differences in methodology, which makes  
it difficult to compare their effectiveness. 

The NACP is distinguished by its advocacy  
activities, which serve to enhance its influence.  
In 2023, the NACP established a new department for  
conducting expertise and updated its methodology 
in order to align it with the goals set out in the  
Strategy. The NACP's proactive stance reflects  
its initial objective, namely the formulation of anti-
corruption policy. In contrast, the Committee and 
the Ministry of Justice perceive anti-corruption  
expertise as an additional burden. The adoption  
of the new Strategy, which provides for the transfer 
of powers to conduct anti-corruption expertise  
from the Ministry of Justice to the NACP, as well 
as strengthening control over compliance with 
obligations, is aimed at improving the efficiency of the 
expertise. This, in turn, will help improve the quality 
of expert opinions and, accordingly, the draft laws  
under consideration.

The introduction of a system of transparent  
personnel decisions and salary increases in the public 
sector can reduce the risk of corruption. The authors 
believe that it is necessary to create effective  
mechanisms to control the activities of civil servants 
and ensure their accountability for corruption  
offences. Involvement of the public in the process of 



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controlling and monitoring administrative procedures 
is crucial for increasing trust in state institutions.

A comprehensive approach to combating corruption 
in the system of administrative management must 
consider economic factors, improve legislation and 
encourage active societal participation.

In order to gain a deeper understanding of the 

nuances of corruption risks in different sectors of 
public administration, it is essential to examine 
their interconnections with economic conditions. 
Furthermore, it would be invaluable to investigate 
international anti-corruption practices with a view 
to identifying those that could be adapted to the  
Ukrainian context.

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Received on: 22th of September, 2024
Accepted on: 23th of November, 2024
Published on: 17th of December, 2024