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Journal articles on the topic 'Anti-corruption compliance'
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Оболенцев, Валерій Федорович. "Systematic approach to anti-corruption compliance." Theory and practice of jurisprudence 2, no. 12 (December 19, 2017): 14. http://dx.doi.org/10.21564/2225-6555.2017.12.117244.
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Оболенцев, Валерій Федорович. "Systematic approach to anti-corruption compliance." Problems of Legality, no. 134 (October 12, 2016): 112–18. http://dx.doi.org/10.21564/2414-990x.134.78892.
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Amelicheva, Liliia. "Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination." Economy of Industry 3, no. 95 (September 15, 2021): 102–18. http://dx.doi.org/10.15407/econindustry2020.03.102.
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In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.
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Lukito, Anastasia Suhartati. "Building anti-corruption compliance through national integrity system in Indonesia." Journal of Financial Crime 23, no. 4 (October 3, 2016): 932–47. http://dx.doi.org/10.1108/jfc-09-2015-0054.
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Purpose The significant role of anti-corruption compliance should be encouraged to create good business and investment climate. Especially, in the circumstances of higher number of bribery and corruption cases, whilst preparing for Asian Economic Community, the necessary actions to reduce the financial crime and economic crime should be fostered into all aspects of business activities. To reduce bribery and corruption cases in Indonesia, National Integrity System as part of National Strategy on Corruption Prevention and Eradication is urged to be conducted. With the implementation of National Integrity System among all public or governmental institutions and private institutions, the institutions itself will be strengthened. National Integrity System should be implemented through all the people, process and technology in the organizations. So, at the end, the purpose of this paper is to prevent any financial crime, particularly in the Indonesian anti-corruption regime. Design/methodology/approach This paper explores and analyzes anti-bribery regulations and the important role of National Integrity System as the prevention approach to build anti-corruption compliance in Indonesia. Findings The National Integrity System and Anti-Corruption Compliance can be viewed as important elements for preventing any financial crime. The new perspective is needed for all of the public institutions and private institutions to build and implement National Integrity System in all business activities. Furthermore, all of business society has a significant role of developing the sustainable good business environment in Indonesia. Encouraging National Integrity System in every business sector is also a way to achieve the last purpose, which is to strengthen economic competitiveness. Practical implications The paper can be a source to explore about the National Integrity System and Anti-Corruption Compliance based on Indonesia perspectives. Originality/value This paper gives contributions by encouraging the public and private institutions to build anti-corruption compliance by implementing National Integrity System within their organizational culture to prevent financial crime and lead to sustainable economic growth.
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Kokoriev, O. V. "Compliance of Estonia with EU anti-corruption values." Politicus, no. 1 (2020): 52–57. http://dx.doi.org/10.24195/2414-9616-2020.1.08.
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Dadalko, V. A., and I. F. Khoang. "Current issues of anti-corruption compliance in Russia." Finance and Credit 25, no. 12 (December 25, 2019): 2679–88. http://dx.doi.org/10.24891/fc.25.12.2678.
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Lipinsky, Dmitry A., and Aleksandra A. Musatkina. "Problems of compliance of Russian anti-corruption legislation with international corruption standards." Vestnik of Saint Petersburg University. Law 10, no. 4 (2019): 673–90. http://dx.doi.org/10.21638/spbu14.2019.404.
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Esenova, A. K., and A. D. Sergeeva. "Features of anti-corruption compliance control in Russian credit institutions." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 4 (April 22, 2022): 62–68. http://dx.doi.org/10.33920/med-17-2204-06.
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In the article, the authors consider topical issues related to the implementation of the compliance function in credit institutions registered in Russia. Special attention is paid to the specifics of the implementation of anti-corruption compliance in commercial banks. At the same time, it is determined that the complexity of building compliance control in order to minimize corruption manifestations lies in the fact that the banking system is a regulated area both on the part of the national regulator and on the part of the associations of the banking community. It is determined that the compliance function is formed as an integral part of the internal control service, the authors reveal in sufficient detail the mechanism of building anti-corruption compliance control in a credit institution. Based on the results of the study, the author put forward recommendations for improving the compliance function in credit institutions.
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Gasparjan, G. S. "Anti-corruption legal consciousness in the formulation and implementation of anti-corruption policy of the Russian Federation." Russian Journal of Legal Studies 2, no. 4 (December 15, 2015): 114–20. http://dx.doi.org/10.17816/rjls18086.
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In today’s Russian society, the problems detection and suppression of corruption offenses has become a priority in scales of all country. In this article describes some methods of forming anti-corruption sense of justice and their realization in practice within the programs developed in compliance with the National plan of counteraction of corruption in Russia.
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Dobrowolski, Zbysław, and Tomasz Szejner. "Enhancing Innovation Through Implementation of the Comprehensive Approach to Nurturing the Compliance Culture of the Worldwide Innovation Ecosystem." Journal of Intercultural Management 11, no. 2 (June 1, 2019): 21–46. http://dx.doi.org/10.2478/joim-2019-0008.
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Abstract Objective: The innovative ecosystems consist of a large number of complementary elements, and their effectiveness depends on how well the elements interact with each other. Corruption erodes public trust, which is necessary to enable the cooperation of entities. The aim of the research is to formulate the comprehensive approach to nurturing the compliance culture of the innovation ecosystem. Methodology: This research study was realized with non-empirical (theoretical) research, which seeks solutions to problems using existing knowledge as its source. Prototyping of a new anti-corruption approach was based on usage of application of existing knowledge and existing experience resulting from the implementation of Norton Kaplan balanced scorecard and Kotter’s process for leading change. Findings: It was found that the balanced scorecard of compliance culture in innovation ecosystem might enhance anti-corruption outcome. Identification of nine anti-corruption variables and using them to plan and realize corruption prevention might influence the anti-corruption effectiveness. Value Added: Model of acceleration of anti-corruption changes in the organization was proposed. Recommendations: Proposed original, unique comprehensive approach to anti-corruption within organizations will help to achieve the positive effects faster, which will enhance positive anti-corruption trends within and outside the innovation ecosystem.
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Fisher, Alice S., Douglas K. Yatter, Douglas N. Greenburg, William R. Baker III, Benjamin A. Dozier, and Robyn J. Greenberg. "CFTC enters the market for anti-corruption enforcement." Journal of Investment Compliance 20, no. 3 (October 14, 2019): 32–38. http://dx.doi.org/10.1108/joic-06-2019-0038.
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Purpose This paper aims to analyze the March 6, 2019 enforcement advisory in which the Division of Enforcement (Division) of the US Commodity Futures Trading Commission (CFTC or Commission) announced that it will work alongside the US Department of Justice (DOJ) and other agencies to investigate foreign bribery and corruption relating to commodities markets. Design/methodology/approach This paper explains the enforcement advisory and outlines key considerations for industry participants and their compliance teams, including the CFTC’s plan to investigate in parallel with other enforcement authorities, an expansion of the CFTC’s existing self-reporting, cooperation and remediation policy to address foreign corruption and the CFTC’s focus on market and economic integrity, and provides guidelines for commodities companies concerning anti-corruption compliance and training programs, investigating potential incidents of bribery and corruption, reporting obligations under the Commodity Exchange Act (CEA) and CFTC regulations, voluntary reporting of incidents of foreign corruption and whistleblowing. Findings The CFTC announcement adds a new dimension to an already crowded and complex landscape for anti-corruption enforcement. A range of industries, including energy, agriculture, metals, financial services, cryptocurrencies and beyond, must now consider the CFTC and the CEA when assessing global compliance and enforcement risks relating to bribery and corruption. Originality/value Expert guidance from lawyers with broad experience in white collar defense, investigations, financial services, securities, commodities, energy and derivatives.
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Previtali, Pietro, and Paola Cerchiello. "The Prevention of Corruption as an Unavoidable Way to Ensure Healthcare System Sustainability." Sustainability 10, no. 9 (August 29, 2018): 3071. http://dx.doi.org/10.3390/su10093071.
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Corruption has found very fertile ground in the health sector. Many studies demonstrate the negative relationship between sustainability and corruption. However, relatively little is known at this time about how to prevent corruption in healthcare organizations (HCOs), and thus to recover the important sustainability of the entire healthcare system. After noticing this gap in the literature, the authors’ aim in undertaking this study was twofold: first, to analyze the current state of knowledge about how Italian HCOs adopt corruption prevention plans in compliance with the National Plan issued by the National Anti-Corruption Authority; second, to identify some clusters of HCOs which represent different adoption patterns of corruption prevention interventions and to classify these HCOs. For these purposes, the authors studied 68 HCOs along 13 dimensions that characterized the corruption prevention plans. The empirical results showed that the HCOs were not fully compliant with the anti-corruption legislation. At the same time, the authors identified three clusters of HCOs with different patterns of anti-corruption prevention interventions. The clusters that adopted some specific interventions seemed to be more sustainable than others.
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Kolomoiets, T. O. "“ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 84–89. http://dx.doi.org/10.15421/391963.
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The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.
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Kondakova, Olga A. "Problems of implementation of anti-corruption standards in relation to persons holding public office: Constitutional and legal aspect." Izvestiya of Saratov University. Economics. Management. Law 22, no. 1 (February 21, 2022): 96–103. http://dx.doi.org/10.18500/1994-2540-2022-22-1-96-103.
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Introduction. The article analyzes examples of procedures related to the implementation of anti-corruption standards, taking into account the specifics of official relations, their administrative and intra-organizational nature. Theoretical analysis. The author reveals the problems of implementing anti-corruption standards. It is noted that in most cases the official legislation provides that the conclusions drawn from the results of all inspections are not binding. The final decision in relation to civil servants is made by the employer’s representative; the decision with regard to persons holding public positions is taken by the President of the Russian Federation; at the regional level, the heads of the constituent entities of the Russian Federation exercise control over compliance with anti-corruption standards. Empirical analysis. Currently, there is no specialized state anti-corruption body in the Russian Federation, but the need to create one is provided for by the UN Convention against Corruption. Results. The article concludes that the procedures for implementing anti-corruption standards in relation to persons holding public positions in the Russian Federation, as well as in relation to state and municipal employees, are essentially “internal” in nature. The constitutional and legal status of persons holding public office requires monitoring their compliance with anti-corruption standards with the participation of various branches of government. To this end, a specialized anti-corruption body should be formed at the federal level in the Russian Federation, which may become an Interdepartmental Commission on Anti-Corruption.
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Topchii, Vasyl, Svitlana Zadereiko, Galyna Didkivska, Olesia Bodunova, and Dmytro Shevchenko. "INTERNATIONAL ANTI-CORRUPTION STANDARDS." Baltic Journal of Economic Studies 7, no. 5 (December 27, 2021): 277–86. http://dx.doi.org/10.30525/2256-0742/2021-7-5-277-286.
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The article studies the issues of combating corruption in the aspect of its incorporation into international standards. Corruption has been identified as a threat to democracy and economic development in many States. It arises from the process of the exchange of power for material assets, that is, when a competent person performs or refrains from performing certain actions for remuneration, and due to the weakness or weakness of state, political and public institutions that control and limit these processes. It was noted that now the world community is seriously thinking about those negative consequences (threat of statehood, undermining trust in the authorities, causing harm to the individual, society, the functioning of organized crime, a drop in the level of professionalism of employees, a decrease in the level of legal awareness of spirituality) caused by corruption, and realized that while measures taken by individual States to combat corruption could have short-term effects, all States needed to act as one in order to achieve serious positive results. It is noted that the international community, in an effort to develop effective measures to prevent and eradicate corruption, has adopted a number of international treaties, as well as recommendations that are not binding, but are used by States as effective mechanisms for monitoring corruption. It was concluded that in recent years much has been done to strengthen anti-corruption legislation in Ukraine and its compliance with international anti-corruption standards. Currently, in the current political environment, knowledge and study of international anti-corruption standards is becoming increasingly relevant for both ordinary citizens and law enforcement.
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Ndedi, Alain. "Developing and implementing an anti-corruption ethics and compliance programme in the African environment." Risk Governance and Control: Financial Markets and Institutions 5, no. 4 (2015): 289–99. http://dx.doi.org/10.22495/rgcv5i4c2art3.
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This article discusses the development and implementation of anti-corruption ethics and compliance programme in the African business environment. In the past decade, an international legal framework has been developed to tackle corruption both in public and private sectors. This framework includes the United Nations Convention against Corruption (UNCAC), which entered into force in 2005, and the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which entered into force in 1999. These instruments mandate that State Parties must criminalise and punish a variety of corrupt practices. Relevant domestic laws have a direct impact on business, especially in States Parties instruments that require the establishment of liability of legal persons for corrupt acts. The African Union Convention also requires States Parties to establish mechanisms to encourage participation by the private sector in the fight against unfair competition, respect of the tender procedures and property rights. The paper details various steps needed to efficiently and effectively implement anti-corruption ethics and compliance programme in the African context. The first part of the paper develops the primary objective of the corruption risk assessment which is to better understand the risk exposure so that informed risk management decisions may be taken. A structured approach for how enterprises could conduct an anti-corruption risk assessment will be outlined in this first section. The author argued in this same first section that each enterprise’s own risk assessment exercise is unique, depending on that enterprise’s industry, size, location, and other factors inherent to that organisation. The second part of the paper drafts the development and the implementation of an anti-corruption programme. The paper concludes by stating that an anti-corruption and compliance programme is not a panacea for fighting all the ills on corruption and fraud problems that a certain country or company is facing.
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Gorbenko, Ganna. "INTERNATIONAL STANDARDS ON COMBATING MONEY LAUNDERING AND CORRUPTION CRIMES: SOME ASPECTS OF INVESTIGATIONS." PUBLIC ADMINISTRATION AND LAW REVIEW, no. 3 (October 1, 2020): 74–84. http://dx.doi.org/10.36690/2674-5216-2020-3-74.
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The article analyzes international standards on combating money laundering and corruption crimes. The evolution of The FATF Standards, which have been revised to strengthen global safeguards and further protect the integrity of the financial system by providing governments with stronger tools to take action against financial crime, has been investigated. At the same time, these new standards address new priority areas such as corruption and tax crimes. The aim of the article is to compare international legal acts that regulate the field of anti-money laundering and anti-corruption. The research methodology: the functional and analytical methods of comparative legal research were used as the most appropriate. In comparison with AML/CFT law, the international legal requirements regarding anti-corruption compliance are very general. Many countries do not have laws and regulations on anti-corruption compliance. Companies develop their compliance programmes based on international law, foreign law that has transnational application. Certain provisions of the above-mentioned international legal acts, in addition to their scope, regulate the investigation of crimes related to money laundering, terrorist financing and corruption crimes. The main results: the implementation of international standards in national law in some way unifies the approaches to the investigation of complex crimes, which are often combined in a scheme, and allows the introduction of effective methods of investigating such crimes.
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Teichmann, Fabian, and Marie-Christin Falker. "Public procurement and corruption during Covid-19: self-monitoring and whistleblowing incentives after Srebrena Malina." SEER 24, no. 2 (2021): 181–206. http://dx.doi.org/10.5771/1435-2869-2021-2-181.
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Crises and emergencies tend to increase opportunities for corruption in public procurement. This article shows how the Covid-19 pandemic has given rise to new corruption opportunities and how regulators are trying to combat these, using the example of the case of the Bosnian raspberry firm Srebrena Malina. The literature review concludes that prevention mechanisms focus on the legal and regulatory aspects without considering firms’ perspectives. In contrast, an approach based on summary content analysis may help firms develop potential self-monitoring solutions that they can apply to ensure compliance with anti-corruption regulations and avoid sanctions. Explorative expert interviews with ten international compliance experts are also conducted. The findings illustrate that whistleblowing incentives could foster compliance with existing regulations and policies in public procurement. This article advocates a more consequential implementation of the current anti-corruption and public procurement regulations alongside self-monitoring measures in the form of whistleblowing incentives.
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Sidhu, Karl. "Anti-Corruption Compliance Standards in the Aftermath of the Siemens Scandal." German Law Journal 10, no. 8 (August 1, 2009): 1343–54. http://dx.doi.org/10.1017/s207183220000167x.
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Legal proceedings against Siemens AG arising from allegations of bribery were concluded on 15 December 2008 in Munich, Germany, as well as in Washington, DC. The Siemens case has been the largest of its kind. It has changed the compliance landscape and has brought criminal law out of its dark corner and to the attention of the corporate community. Board directors and other managers have painfully become aware that noncompliance with criminal law may not only threaten the existence of a company, but also may lead directly to personal criminal liability. The subject of compliance has also raised the attention of legal advisors and accountants that naturally must recommend the “best standard,” especially if the sensitive subject of corruption is concerned. Last but not least, prosecutors now have a deeper inside knowledge of corruption structures than ever before. Thus, compliance standards tend to rise expeditiously even without regulators taking any action. Siemens thereby smartly has lifted compliance to the “cornerstone” of its business and generally - in particular when it comes to anti-corruption programs -presents its improved and expanded compliance organization as a leading example.
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Hiariej, Eddy Omar Sharif. "United Nations Convention Against Corruption dalam Sistem Hukum Indonesia." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 31, no. 1 (May 2, 2019): 112. http://dx.doi.org/10.22146/jmh.43968.
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The Indonesian government had ratified the United Nations Convention Against Corruption [’UNCAC’] through Act No. 7 of 2006. However, the Indonesian Act on Anti-Corruption has yet to be synchronized with UNCAC. On one hand, corruption has become a massive issue in Indonesia, but on the other hand, the existing Anti-Corruption Act has yet to be in compliance with the relevant international instrument. Therefore, the implementation of UNCAC has become more urgent. Aside from the need to counter corruption efficiently and effectively, UNCAC calls upon the need for international cooperation against corruption.
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Gutterman, Ellen. "Poverty, corruption, trade, or terrorism? Strategic framing in the politics of UK anti-bribery compliance." British Journal of Politics and International Relations 19, no. 1 (December 22, 2016): 152–71. http://dx.doi.org/10.1177/1369148116681731.
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What explains longstanding UK non-compliance with international anti-bribery norms? Drawing on evidence from a comparative study of state compliance with the Organization for Economic Cooperation and Development (OECD) anti-bribery Convention and building on the literature on ‘framing’ in Sociology and International Relations, this article identifies and illustrates the impact of strategic policy framing on UK anti-bribery policy in the years following the United Kingdom’s commitment to criminalize transnational business bribes, in 1997. The research examines the way in which anti-bribery proponents and opponents framed the practice of transnational bribery differently across four distinct policy contexts in the United Kingdom: international development and poverty reduction, domestic anti-corruption, strategic trade, and—following 11 September 2001—international anti-terrorism. The analysis shows that: (a) policy advocates’ choice of frame crucially affected the timing and scope of UK anti-bribery legislation and the extent of UK (non)compliance with international anti-corruption law; and (b) the expedient frame was not necessarily the most conducive to full compliance.
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Morley, Matt T., Jeffrey B. Maletta, Michael J. King, Robert V. Hadley, Matthew J. Fader, and Brian F. Saulnier. "Financial services firms face increased pressures on anti‐corruption compliance." Journal of Investment Compliance 10, no. 3 (September 11, 2009): 34–36. http://dx.doi.org/10.1108/15285810910995557.
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Schonfelder, Karen, S. Ramakrishna Velamuri, and Wilson Liu. "Evolution of international and Chinese anti-bribery and corruption compliance programs." Corporate Governance 16, no. 3 (June 6, 2016): 437–51. http://dx.doi.org/10.1108/cg-07-2015-0097.
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Purpose The purpose of this study is to explore the regulatory framework in China and the extent to which Chinese multinationals have implemented and disclosed their anti-bribery and corruption (ABC) compliance practices. This is done against the backdrop of the evolving international ABC compliance standards. Design/methodology/approach This study is based on detailed reviews of the ABC compliance standards of international organizations; legislation passed by the USA, the UK and Chinese Governments; seven semi-structured interviews with leading experts in the field; and comparisons of ABC program disclosures of four Chinese with four best-in-class western multinational corporations. Findings A high level of convergence was found in the ABC standards published by the international organizations. Several positive features were found in the Chinese ABC regulatory frameworks but our findings indicate that there is minimal disclosure around ABC compliance program practices. This paper shows that a transparent disclosure would represent an easy win for Chinese multinational corporations and contribute to raising their reputations internationally. Research limitations/implications While there are numerous studies in the law literature on ABC compliance standards and the extent to which they are effective in achieving their objectives, this is an emergent area in management research, to which our study makes a contribution. Future research could explore how other emerging economies are tackling this important issue. Practical implications By proactively adopting ABC compliance practices, corporations can seize the ethical high ground and build solid reputations with their stakeholders. Originality/value It is believed that this study is the first academic study that compares Chinese and international ABC standards.
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Kivalov, Serhii V. "Anti-corruption mechanism in Ukraine: content actualization under the conditions of normative innovations." Cuestiones Políticas 39, no. 71 (December 25, 2021): 972–85. http://dx.doi.org/10.46398/cuestpol.3971.59.
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The aim of the investigation was to determine the most appropriate avenues for further implementation of the European concept of anti-corruption. To carry out this article, general and special research methods have been applied, such as systems analysis, dialectical, formal logical and structural functional methods, as well as a series of empirical methods. Statistical analysis has been used to demonstrate anti-corruption measures, undertaken in 2016 - 2020. The anti-corruption mechanism has been analyzed through the prism of combined institutional and instrumental systems, with the aim of preventing corruption. The priorities for transforming the anti-corruption mechanism have been defined as follows: (a) increased accountability for corruption offences; (b) introduction and appropriate application of corruption detection tools. It is concluded that the current trend demonstrates a decline in the implementation of anti-corruption preventive tools in Ukraine due to the following factors: change of the vector of public interest towards compliance with anti-Covid-19 measures, destabilization of authority and lack of collaboration between authorized subjects in solving corruption problems.
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Alekseyev, Maxim, Boris Ostroukhov, and Vladislav Dorozhkin. "Compliance Pitfalls in Communications with the Russian Customs: Overview of Anti-corruption Regulations and Enforcement Trends." Global Trade and Customs Journal 16, Issue 9 (September 1, 2021): 402–6. http://dx.doi.org/10.54648/gtcj2021045.
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Interactions with Russian customs authorities may be associated with corruption-related risks that need to be observed and managed from the outset should a company consider engaging in the import operations through the Russian border. This article focuses on reviewing the Russian legal framework, statistics and the enforcement practice concerning the most widespread corruption offenses related to the interactions with the customs officials, as well as the recent developments in anti-corruption customs legislation. It covers the legal foundation of the anti-corruption regime in Russia and analyses its basic institutions for the best understanding of the applicable legal mechanisms. The article also contains recommendations for international companies, regardless of their legal presence in Russia, how to manage their relations with Russian partners and local subsidiaries to minimize the risks of unnecessary attention from the Russian customs authorities, as well as Russian and foreign enforcement authorities specializing on the corruption-related matters. These recommendations include, among others, the adoption and control of compliance policies by nonlocal supervisors and maintaining relations with the Russian customs authorities by joining the Charter of the Bona Fide Participants of the Foreign Trade. Offense, Prosecution, Compliance, Corruption, Anti-Corruption, Bribery, Officials, Prohibition, Review of Legislation, Customs, Criminal Liability, Administrative Liability, Federal Customs Service of the Russian Federation, Russia
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Issa, Ayman, and Antonio Alleyne. "Corporate disclosure on anti-corruption practice." Journal of Financial Crime 25, no. 4 (October 1, 2018): 1077–93. http://dx.doi.org/10.1108/jfc-05-2017-0045.
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PurposeThis paper aims to determine the extent of anti-corruption information disclosure in the sustainability reports originating from Gulf countries.Design/methodology/approachThis study utilizes a deeply rooted content analysis technique of corporate sustainability reporting, covering 66 Gulf Cooperation Council (GCC) firms during 2014.FindingsStrengthened by the application of the institutional theory, insight into the results points to a state of limited maturity regarding the disclosure of anti-corruption procedures in the region. More specifically, the results highlight the compliance in the reporting of conduct code, while reporting information on whistleblowing was significantly less in comparison. Firms in Qatar and the UAE ultimately release better informed reports, inclusive of detailed information on internal anti-corruption practices.Originality/valueThe aim of this study is to determine the extent of sustainability reporting in GCC companies under coercive isomorphism concept, with a special interest in the disclosure of anti-corruption practices. Ultimately, addressing the following questions: To what extent the GCC companies disclose their anti-corruption practices in the sustainability reports? What areas of anti-corruption disclosure the GCC is more concerned in their sustainability reports? To what extent do external forces under coercive isomorphism explain the extent of anti-corruption?
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Previtali, Pietro, and Paola Cerchiello. "Structuring supervisory board for an anti-corruption strategy: a new application of a compliance system." Corporate Governance: The International Journal of Business in Society 17, no. 1 (February 6, 2017): 48–63. http://dx.doi.org/10.1108/cg-09-2015-0126.
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Purpose The aim of this paper is to examine a relevant innovation in terms of how corporate supervisory boards are structured for an effective measure of anti-corruption that concerns a new application of Italian Legislative Decree No. 231/2001 in compliance with the obligations set out by OECD Convention of 17 September 1997 on the fight against corruption. Design/methodology/approach The research hypotheses which lead the study are based on an empirical analysis of 119 nursing homes with the aim of investigating the state-of-the art of this innovative application especially regarding the composition, effectiveness and functioning of the supervisory board in the unique case when this compliance system becomes compulsory. Findings The results show how, even though a certain level of uncertainty and ambiguity have led to great variance in the ways the compliance system is drafted, was possible to identify a positive relation between supervisory board composition and performance – that is the effectiveness of anti-corruption system – and a negative relation between board size and performance. Finally, the results suggest the relevance of supervisory board in fostering knowledge as mediating role. Research limitations/implications The authors believes that future work using inter-temporal modelling could build upon and extend the insights presented here. A second area arises from those contrasts in board characteristics that are present across countries and/or across company’s size, small- and medium-sized enterprises or multinational companies and/or across industrial sectors. Practical implications The authors offers a more nuanced understanding of the linkages between corporate governance and anti-corruption. In particular, the paper suggests that for an effective anti-corruption strategy, larger supervisory board sizes are associated with weaker performance, and a greater external composition is preferable to an internal one. Originality/value The paper depicts a first and relevant step toward the identification of best practices of corporate governance as anti-corruption system, relating to an innovative and unique – to the date – application of a compliance system based on the supervisory board.
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Ismailov, Bakhodir. "Implementation Of Corruption Prevention Measures In The Private Sector Of Uzbekistan." American Journal of Political Science Law and Criminology 02, no. 12 (December 27, 2020): 41–51. http://dx.doi.org/10.37547/tajpslc/volume02issue12-07.
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The article examines the experience of Uzbekistan in preventing corruption in the private sector. It is determined that the negative factors of the spread of corruption among companies leads to a decrease in the competitiveness of the national economy, the quality of public administration, undermines the foundations of free competition, creates threats to the political stability and security of the country. With the spread of corruption, the business climate and the quality of corporate governance deteriorate, the reputation of companies is undermined, and their investment attractiveness decreases. In the markets of goods, works, services, negative selection is taking place, monopoly and protectionism are increasing. It was revealed that corruption in the private sector devalues democratic values, contributes to the spread of legal nihilism, permissiveness, money-grubbing, impunity, etc., causing significant harm to the interests of both society and the state, and the rights of citizens. The thesis is substantiated that the most effective means of preventing corruption in the private sector is the introduction of anti-corruption compliance systems and the corresponding methods of their certification into its subjects. Based on the methods of a comparative study, measures have been identified to introduce anti-corruption compliance in business structures, as well as business entities with state participation. It is determined that international universal, regional and special standards (UN, OECD, GRECO, ISO, etc.) have a significant impact on the development of national legislation and practice of law enforcement in this area. The thesis about the need to improve the legal foundations of the anti-corruption compliance system, the need to introduce institutions of responsibility of legal entities in Uzbekistan, prevent illegal lobbying activities, etc.
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Yan, Yueming. "Anti-Corruption Provisions in International Investment Agreements: Investor Obligations, Sustainability Considerations, and Symmetric Balance." Journal of International Economic Law 23, no. 4 (December 1, 2020): 989–1013. http://dx.doi.org/10.1093/jiel/jgaa026.
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ABSTRACT Incorporating anti-corruption provisions into international investment agreements is a vital step for governments to address transnational corruption in international investment. This empirical study analyses a category of anti-corruption provisions that fosters compliance by investors. These anti-corruption provisions address anti-corruption issues either within corporate social responsibility clauses or through ‘carve-out’ statements. The former encourages investors to voluntarily comply with corporate social responsibility, including anti-corruption commitments, while the latter imposes direct obligations on investors by denying substantive treaty protection or access to arbitration if their investments were obtained through corruption. However, these provisions are unsatisfactory in terms of achieving their intended objectives: promoting sustainable development and achieving a symmetrical balance between investors and states. This paper addresses two central weaknesses of anti-corruption provisions. First, corporate social responsibility-based anti-corruption provisions are soft law norms that result in limited obligations or effects. Second, ‘carve-out’ anti-corruption provisions actually favour states’ interests, because they solely evaluate investors’ conduct without considering a state’s corrupt act. This paper recommends that, in addition to promoting responsible and corruption-free investments on the investor side, states should commit to take necessary measures to promote the integrity of public officials, establish cooperation and improve anti-corruption standards, and preserve sufficient remedial measures for investors in cases of solicitation by state officials.
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Castro, Patricia Reis, Juliana Ventura Amaral, and Reinaldo Guerreiro. "Adherence to the compliance program of Brazil’s anti-corruption law and internal controls implementation." Revista Contabilidade & Finanças 30, no. 80 (August 2019): 186–201. http://dx.doi.org/10.1590/1808-057x201806780.
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ABSTRACT The aim of this study is to investigate the adherence of Brazilian publicly listed companies to the parameters of the anti-corruption law compliance program as well as its association with internal controls implementation. In light of the accounting scandals and corporate frauds reported in several countries, including Brazil, Law n. 12,846, known as the anti-corruption law, was approved on August 1st, 2013, and Decree n. 8,420, approved on March 18, 2013, regulated this law and defined criteria for the functioning of compliance programs. Considering that compliance programs can affect internal controls, it is important to understand the adherence of companies to their parameters as well as identifying the internal controls derived from them. The findings show a substantial degree of adherence among listed companies to the parameters of the compliance program. Additionally, the results revealed the existence of new internal controls, such as the emergence of the “compliance officer” function. A survey in the form of a questionnaire was adopted. The questionnaire was sent to companies associated with ABRASCA (Brazilian Association of Publicly Listed Companies). The final sample included 32 publicly listed companies. Paraconsistent logic was applied to analyze the data. This paper contributes by empirically showing that, in Brazil, publicly listed companies are adherent to the anti-corruption law. Furthermore, this paper reveals that higher levels of adherence to compliance programs are associated with greater implementation of internal controls.
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Sidorenko, E. L., and A. A. Lykov. "Digital Economy and Anti-Corruption: New Digital Models." SHS Web of Conferences 71 (2019): 03004. http://dx.doi.org/10.1051/shsconf/20197103004.
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The authors of this paper consider promising areas of the corruption prevention using the latest digital technologies: Blockchain, Internet of Things, Artificial Intelligence and Big Data. The purpose of this research is the analysis of advantages of the digital economy development in terms of solving social problems and crime prevention. The authors also show functional digital models of the anti-corruption compliance are defined. In addition, the research results include the determination of some shortcomings of the proposed models associated with the imperfection of the current legislation.
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Teichmann, Fabian Maximilian Johannes. "Anti-bribery compliance incentives." Journal of Financial Crime 25, no. 4 (October 1, 2018): 1105–10. http://dx.doi.org/10.1108/jfc-09-2017-0081.
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Purpose This paper aims to discuss an innovative approach to eliminating bribery in multinational corporations. In particular, the concept of using incentive systems to fight corruption is assessed. Design/methodology/approach Based on the analysis of ten formal and ten informal expert interviews with both prevention experts and corrupt employees, a combination of bonus-malus payments is developed. Findings A performance matrix could be used to incentivize both compliance and productivity. Research limitations/implications This study’s findings are limited to the perspectives of 20 interviewees. Hence, it is possible that a study with a larger sample conducted in different countries or at a different time would have led to different results. Practical implications The identification of gaps in existing anti-bribery compliance mechanisms is meant to provide compliance officers and legislators with valuable insights into how undesirable behavior could be prevented. Originality/value It is found that eliminating the wrong incentives and establishing the right ones could make significant strides in advancing the fight against bribery.
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Kang, Sungyong. "RETHINKING THE GLOBAL ANTI-MONEY LAUNDERING REGULATIONS TO DETER CORRUPTION." International and Comparative Law Quarterly 67, no. 3 (April 20, 2018): 695–720. http://dx.doi.org/10.1017/s0020589318000106.
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AbstractWhile ‘global anti-money laundering (AML)’ regulations aim to detect and deter corrupt ‘politically exposed persons (PEPs)’, they have caused tremendous collateral damage to many innocent PEPs, particularly foreign PEPs. Due to the significant compliance costs of identifying and managing accounts of foreign PEPs coupled with an increased risk of serious fines against compliance failures, financial institutions have voluntarily terminated the accounts of foreign PEPs. Global AML regulations could avoid the collateral damage while maximising the deterrence of corruption if high degrees of coordination along two dimensions are satisfied, namely, transborder coordination and coordination between public enforcement entities and private actors. This study illustrates a cornerstone change made in 2012 to fulfil the first dimension and offers policy recommendations to build on this cornerstone by pursuing coordination along the second dimension.
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Пеньковська, Софія, and Ольга Шпакович. "MEASURES OF FIGHTING CORRUPTION IN THE LEGISLATURE OF FRANCE." Молодий вчений, no. 4 (92) (April 30, 2021): 273–76. http://dx.doi.org/10.32839/2304-5809/2021-4-92-59.
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The article is dedicated to profound analysis of the experience of France in fighting with the corruption in a private sector through the legal means. First of all, attention is drawn to the reasons why corruption in private sphere primarily affects the country’s economy adversely and why should it be tackled. Then, French Law on Transparency, Fighting Corruption and Modernizing Economic Life is analyzed, particularly, provisions securing anti-corruption policy in country. Hence, so-called Codes of conduct, that, is anti-corruption compliance programs are considered, taking into account some crucial constituents of them, especially, disciplinary rules, monitoring and penalty system. The system of legal measures in this respect proved to be advantageous for country together with the actions of the French Anti-Corruption Agency analyzed. Therefore, the ways to follow such experience in Ukraine are offered.
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Batalla, Eric Vincent C. "Treading the straight and righteous path: curbing corruption in the Philippines." Asian Education and Development Studies 4, no. 1 (January 5, 2015): 51–75. http://dx.doi.org/10.1108/aeds-10-2014-0043.
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Purpose – The purpose of this paper is to examine the anti-corruption performance of the Philippine government, particularly under the leadership of President Benigno Aquino III. Design/methodology/approach – The paper evaluates the anti-corruption measures as represented by pertinent laws as well as anti-corruption agencies (ACAs) under the Aquino administration. Findings – The Aquino government has exercised remarkable political will in acting on high-profile cases involving former government officials, including former President Gloria Macapagal-Arroyo. However, the government’s overall anti-corruption performance is hampered by outdated and conflicting laws, lack of compliance with anti-corruption laws and regulations by public officials and employees, poor ACA operational capacities, judicial inefficiency, deficient organizational systems and change-resistant government agencies, and selective and partial enforcement of anti-corruption laws. These problems are characteristic of Philippine political administrations and are arguably rooted in a system long characterized by fragile state institutions, strong oligarchic control, and weak citizenship. Originality/value – The paper is intended to update scholars, policy makers, and anti-corruption practitioners interested in corruption, ACA performance, and political reform in the Philippines. It discusses corruption-related problems of public administration within the purview of political economy. Based on this perspective, it argues that the key to effective control of corruption is a change in the political system’s configuration rather than the mere change in leadership.
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Öge, Kerem. "Which transparency matters? Compliance with anti-corruption efforts in extractive industries." Resources Policy 49 (September 2016): 41–50. http://dx.doi.org/10.1016/j.resourpol.2016.04.001.
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DiRienzo, Cassandra. "Compliance with anti-human trafficking policies: the mediating effect of corruption." Crime, Law and Social Change 70, no. 5 (June 4, 2018): 525–41. http://dx.doi.org/10.1007/s10611-018-9780-0.
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Xu, Gang, Xue Wang, Ruiting Wang, Go Yano, and Rong Zou. "Anti-corruption, safety compliance and coal mine deaths: Evidence from China." Journal of Economic Behavior & Organization 188 (August 2021): 458–88. http://dx.doi.org/10.1016/j.jebo.2021.05.013.
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Matabean, Redhy, and Vishnu Juwono. "KERJASAMA OTORITAS PAJAK DAN OTORITAS ANTI KORUPSI DALAM UPAYA MENINGKATKAN KEPATUHAN PAJAK." Scientax 1, no. 1 (October 14, 2019): 75–91. http://dx.doi.org/10.52869/st.v1i1.12.
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Tax crimes and corruption have caused huge losses in various countries. Therefore, one of the emphases of the Sustainable Development Goals is how to reduce corruption substantially in all its forms. Corruption and tax crimes can be interrelated. Hence, appropriate policies are needed from the tax authorities and anti-corruption authorities in handling them. This study aims to discover the collaboration design in dealing with tax crimes and corruption. The analysis results illustrate that systematic design can be carried out through collaboration between tax authorities and anti-corruption authorities by considering three aspects. The first aspect is identifying tax non-compliance behaviour, the second is identifying tax crime and corruption indicators, while the third aspect is determining the form of collaboration needed. This study also opens up opportunities for collaboration in the form of information exchange by the Directorate General of Taxes and the Corruption Eradication Commission through a tax monitoring and public complaints database and state administrators’ assets report.
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Baxter, Ryan J., D. Kip Holderness, and David A. Wood. "The Effects of Gamification on Corporate Compliance Training: A Partial Replication and Field Study of True Office Anti-Corruption Training Programs." Journal of Forensic Accounting Research 2, no. 1 (February 1, 2017): A20—A30. http://dx.doi.org/10.2308/jfar-51725.
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ABSTRACT This study extends Baxter, Holderness, and Wood's (2016) study on the effectiveness of gamified training in an information security compliance setting. Our study uses similar methods and gamification style to assess how gamified training can help employees comply with anti-corruption regulations, specifically the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. We perform a field study with 158 employees of a large, multinational bank to examine the effectiveness of gamified anti-corruption training. Similar to Baxter et al. (2016), we find that employees strongly prefer gamified training to traditional, non-gamified training and that gamified training modestly increases employees' knowledge of the bank's anti-corruption policies. We extend the prior study by providing marginally statistically significant evidence that employees with less work experience outperform those with greater work experience on the post-training knowledge assessment. Our results suggest that gamification is a valuable tool for improving anti-corruption training. Data Availability: Please contact the authors.
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Rasheva, Natalia. "The legal basis for combating corruption in the system of the Prosecutor's Office (on the example of the Prosecutor's Office of the Murmansk region)." Advances in Law Studies 10, no. 1 (April 7, 2022): 31–35. http://dx.doi.org/10.29039/2409-5087-2022-10-1-31-35.
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Combating corruption is a priority state task and more important is the direction of activity of the Prosecutor's Office of the Russian Federation, which is given a leading place in the implementation of anti-corruption policy and ensuring its strict compliance and implementation. The paper reveals the content of the powers of the prosecutor's office in combating corruption (using the example of the Prosecutor's office of the Murmansk region). Timely detection and prevention of corruption offenses, elimination of their causes and conditions is the most important task of the supervisory authority.
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Markuntsov, Sergey, and Martin Wassmer. "On Criminal Law Risks and the System of Crimes in the Field of Anti-Corruption Compliance." Russian Journal of Criminology 15, no. 2 (April 30, 2021): 238–47. http://dx.doi.org/10.17150/2500-4255.2021.15(2).238-247.
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Using a broad understanding of criminal law risks, their classification, and issues examined within the recently proposed theory of criminal riskology, the authors conclude that it is necessary to apply this theory to the research of public relations in the field of counteracting corruption, and specifically, to assess criminal law risks of corruption in the private sector, or commercial corruption. In this connection, alongside the group of corruption-related crimes, corruption crimes that are included in the Russian doctrine of criminal law and criminology, they propose specifying an independent group of crimes in the field of anticorruption compliance, which are based on criminal breach of contracts of service in commercial or other organizations and, primarily, crimes connected with commercial bribery. The authors also use their assessment of Russian and German criminal legislation and the practice of its enforcement to conduct a general analysis of crimes that could be classified as crimes in the field of anticorruption compliance. According to the authors, such crimes include corruption-related crimes proper if they are characterized by specific crime-indication features as well as so-called accompanying crimes (mainly, economic ones). Although a compilation of a full list of corresponding crimes is not included in the scope of this article, the authors believe that it will directly depend on the maximally precise understanding of the «picture» of criminal law risks of corruption in the private sector. They come to the conclusion that the system of crimes in the field of anticorruption compliance differs in its quantitative and qualitative characteristics from the systems of corruption-related crimes and corruption crimes. Separating crimes in the field of anticorruption compliance as a separate group alongside corruption-related crimes (corruption crimes) will make it possible to examine the mechanisms of committing such crimes more thoroughly, to work out special measures of their prevention, to conduct a detailed analysis of their criminological features and, in general, will contribute to the improvement of the system of counteracting corruption within the frameworks of not only Russian, but also German practice of law enforcement.
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Truntsevskiy, Yuriy. "Compliance of Organizations with the Requirements of Anti-Corruption Legislation: Practice Issues." Journal of Russian Law 7, no. 2 (May 20, 2019): 1. http://dx.doi.org/10.12737/art_2019_2_16.
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Spanò, Rosanna, Luca Ferri, Clelia Fiondella, and Marco Maffei. "Accountability and Reporting in the Fight against Corruption: Preliminary Evidences from the Italian Setting." International Journal of Business and Management 12, no. 4 (March 26, 2017): 1. http://dx.doi.org/10.5539/ijbm.v12n4p1.
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This paper aims to explain how Italian Regional Governments reacted to the introduction of the Anti-Corruption Plans in order to understand the degree of thoroughness. To answer the research question 20 Anti-Corruption Plans prepared by Italian Regional Governments for the years 2013-2016. The plans were examined using a meaning-oriented content analysis. This analysis allows us to detect the degree of compliance with the National Anticorruption Plan (NAP). Also we investigated the characteristics of the information, as well as the degree of thoroughness of the reports. Our findings highlight the existence of high degree of heterogeneity in the Anti corruption plans that characterises the national context. Also, our findings reveal the existence of a wide presence of regions employing poor reporting practices.
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Korniiets, P. Yu. "Institutional role of the prosecutor's office in preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine: delimitation of powers and ways to improve the legal framework." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 135–45. http://dx.doi.org/10.32631/v.2021.4.11.
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The provisions of normative legal acts that determine the prosecutor's office scope of competence, in particular their tasks and functions, have been studied. As a result, it has been found that the current approach to determining the prosecutor's office scope of competence is manifested primarily in the consolidation at the legislative level of the main functions of the prosecutor's office; tasks and functions of the Specialized Anti-Corruption Prosecutor's Office (SAP) are fixed at the departmental level of legal regulation without their delimitation.
In order to differentiate the powers of the prosecutor's office to prevent and combat corruption, the National Anti-Corruption Bureau of Ukraine (NABU) clarified the investigation of criminal corruption and corruption-related offenses committed by NABU employees. It has been established that the prosecutor's office, represented by prosecutors, is authorized to prevent corruption in NABU by participating in proceedings on administrative offenses related to corruption committed by NABU employees.
As a result of the study, it has been concluded that the prosecutor's office, depending on the content of their tasks and functions, are involved in preventing and combating corruption in NABU in different ways, and the content of such activities is clearly dualistic, namely: on the one hand, the SAP in preventing compliance with the law during operational and investigative activities and pre-trial investigation of criminal offenses NABU can prevent or stop possible corruption by NABU employees; on the other hand, the prosecutor's office, if a corruption criminal offense is committed by a NABU official, must, in particular, ensure compliance with the law on the inevitability of liability for a criminal offense, within the competence to compensate for damages caused by such criminal offenses.
The powers of the prosecutor's office to prevent and combat corruption in NABU have been grouped: representative, supervisory, security and law enforcement.
In order to ensure the effective functioning of the SAP, in particular on the prevention and combating of corruption in NABU, the author's version of Section 3 of the Regulation on the Specialized Anti-Corruption Prosecutor's Office of the Prosecutor General's Office has been proposed.
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Owusu, Emmanuel Kingsford, Albert P. C. Chan, Owusu-Manu DeGraft, Effah Ernest Ameyaw, and Osei-Kyei Robert. "Contemporary Review of Anti-Corruption Measures in Construction Project Management." Project Management Journal 50, no. 1 (November 28, 2018): 40–56. http://dx.doi.org/10.1177/8756972818808983.
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This study reviews the anti-corruption measures (ACMs) developed to mitigate the pervasiveness of corruption in construction project management (CPM). Using a two-stage methodological process to identify the relevant publications needed, 39 unique ACMs were identified in 38 selected publications. The leading ACMs identified are ethical codes, transparency mechanism, training, and development initiatives. A conceptual framework constituting six thematic constructs was developed to facilitate easy identification of ACMs and categorization of future developments of ACMs. They are regulatory, managerial, probing, compliance, promotional, and reactive measures. The findings contribute in-depth understanding of ACMs in CPM and are useful for further empirical research.
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Zenno Januarsyah, Mas Putra, Mochamad Ramdhan Pratama, Pujiyono Pujiyono, and Elisatris Gultom. "The Implementation of the Deferred Prosecution Agreement Concept to Corruption by Corporations with the Anti-Bribery Management System (SNI ISO 37001: 2016)." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 8, no. 2 (2021): 232–54. http://dx.doi.org/10.22304/pjih.v8n2.a4.
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Prevention of corruption is one of legal reform agendas that has been implemented by the Indonesian government. However, there is a gap in the main objective of the prevention to restore the country’s financial losses. Returning state’s financial losses is not easy. There are needs of a new paradigm to maximize the return of state financial losses caused by corruption. In the United Kingdom, the Serious Fraud Office used the Deferred Prosecution Agreement to handle Rolls-Royce’s alleged corruption offenses. One of the requirements is a legal compliance program that the corporation must obey. This study conducted in a form of a descriptive study. It employed normative juridical research type with statute and conceptual approaches, as well as legal comparison. The data was collected through literature studies before subsequently analyzed qualitatively. The results show that the implementation of the concept of deferred prosecution on corruption crimes committed by corporations with anti-bribery management system (SNI ISO 37001: 2016) is stated in the legislation policy related to the prohibition of corruption crimes committed by corporation. Any corporations can be held criminally accountable. However, policies and regulations in Indonesia do not require corporations to follow the legal compliance program.
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Andrii, Borovyk, Vartyletska Inna, Vasylenko Yuliia, Patyk Andrii, and Pochanska Olena. "Rules of criminal liability for corruption offences and their prevention." Cuestiones Políticas 39, no. 68 (March 7, 2021): 723–34. http://dx.doi.org/10.46398/cuestpol.3968.46.
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The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.
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Andreechev, Igor Sergeevich. "Anti-corruption standards in relation to public officials: application of the advanced legal regulation by the constituent entities of the Russian Federation." Административное и муниципальное право, no. 2 (February 2021): 69–85. http://dx.doi.org/10.7256/2454-0595.2021.2.35148.
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The subject of this research is the practices of advanced legal regulation of the constituent entities of the Russian Federation on the example of the sphere of corruption prevention. Examination of the regional legislative practices is of particular interest within the framework of implementation of the single state policy in the area of corruption prevention and development of anti-corruption legislation. The selected topic also reflects general interest for the assessment of advanced legal regulation of the constituent entities of the Russian Federation as a whole at the current stage. The goal of this research is to develop proposals on improving anti-corruption regulation on the federal level based on the regional anti-corruption practices, using the formal-legal, systematic, and comparative methods. The conducted analysis allows assessing the regional lawmaking practices, as well as the legislation on corruption prevention. The regional practices are aimed at unification of anti-corruption regulation on the regional and municipal levels, as well as filling the gaps caused by imperfection of the federal legal regulation. The constituent entities of the Russian Federation use the right to advanced legal regulation conservatively, although they have such opportunity in for synchronization of legal regulation on the regional and federal levels. This substantiates the need for addressing these issues in the federal laws. The introduction of anti-corruption restrictions, mechanisms of compliance thereof, and liability for their violation (noncompliance) should be established by the federal laws. The author believes that the considered in the article regional practices deserve support and reflection in the federal laws.
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Teichmann, Fabian, and Marie-Christin Falker. "Can the issue of corruption be solved? An analysis of corruption in the Balkans and potential solutions." SEER 23, no. 1 (2020): 91–108. http://dx.doi.org/10.5771/1435-2869-2020-1-91.
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This research paper analyses how countries in the western Balkans have been affected by corruption and how, despite significant efforts, corrupt practices continue to present barriers to their long-standing goal of joining the European Union. Corruption has severely negative impacts on economic growth and a country’s international reputation, and so we infer that a different approach is required. Ten expert interviews were conducted in an explorative research approach in order to examine the concept of anti-bribery compliance incentives. Interview partners were asked to address how anti-bribery incentives could be employed by multinational corporations in order to eliminate corruption. Subsequent discussion illustrates how our findings could be combined with other measures towards eliminating corruption across all sectors. The overall purpose of this research, and its contribution, lies in exploring a new method of tackling corruption and developing innovative theory to gain a more profound understanding of the concept, its implications for the Balkans and how it could yet be addressed more effectively.