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|Part VII. Implementation of the Concept|
Part VI. System of Anti-corruption Struggle Support|
Efficient struggle against corruption is possible only in case of establishment and implementation of proper system of support of such activity.
Personnel and professional anti-corruption struggle support requires the establishment of efficient system of training, selection and placement of personnel for the state service, management and law-enforcement bodies, adequate ranking of such civil servants, their education, further training, proper stimulation of honest and diligent civil servants. Special attention should be paid to professional and personnel support of the state bodies directly engaged in combating corruption.
The following should be done to establish said system:
- to specify the list of posts of civil servants and other high-rank staff members of management bodies; the candidates for such posts shall be subject to special and compulsory checks;
to determine the terms of such checks involving the persons occupying such posts; to fix the list of the documents to be attached to personal files of said categories of civil servants and the rules of keeping such files; to determine the procedure of rotation of such persons and their single-level transfers;
- to study the ways of the contest based selection in replacing the vacancies and ranking (evaluation) of civil servants; to study the drawbacks and mistakes made during such selection;
- to study the possibility of establishment of special divisions or selection of staff members at ministries, central executive bodies and management departments of large companies that will conduct the corruption prevention activity; to select, evaluate, train, inform and consult such persons with the help of the National Bureau of Investigation of Ukraine, the .Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine;
- to develop the institutional, juridical and managerial mechanism for declaring the expenditures for acquisition of real estate and transport facilities by public officials, other high-rank managers, personnel of the law-enforcement bodies, judges; dismissal of such persons from their posts in the event of evasion from the declaration; to improve the control over declaration of profits by said categories of officials;
- to create the mechanism for control over the observance by civil servants of the legal provisions on opening currency accounts with foreign banks, to fix the responsibility for non-observance of such provisions;
- to elaborate and implement the procedure for informing the Chief Public Service Board at the Cabinet of Ministers of Ukraine by the law-enforcement bodies and courts about the cases of bringing to book for office abuses the public officials of the lst-4th categories also the persons employed in the law-enforcement bodies and courts;
- to introduce additional means for checking both the candidates to the posts, connected with anti-corruption activity, and the persons occupying such posts;
- to adapt the methods of selecting the staff members of special units of law-enforcement bodies and investigators for the use of the persons specializing in investigation of corrupt practices and related offenses;
- to check and improve the methods of selecting the entrants into the educational establishments of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine and the National Bureau of Investigation of Ukraine which train students for the work in special units;
- to bring into line with modern requirements the system of training and advanced training of specialists for special units of the National Bureau of Investigation of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine and other state institutions engaged in combating corruption;
- to update the qualification requirements for the employees of said institutions as regards proper fulfillment of their anti-corruption functions and service duties;
- to provide civil servants with the required conditions and guarantees in order to enhance their personal independence and responsibility.
Information and analytical support of the struggle against corruption involves establishment of the system for informing the public and anti-corruption subjects about the situation, dynamics and requirements of combating corruption in Ukraine, the use of such information for enhancement of the activity on preclusion, exposure and investigation of corrupt practices, for preparing and taking the appropriate managerial decisions, for carrying out special anti-corruption criminological examination of the draft by-laws, decisions, agreement and the like.
In order to implement said measures it is required:
- to establish and introduce a single (for state and non-governmental institutions) system of Statistical indicators which should be in line with international standards of accounting and reporting and adequately reflect the state of affairs in the field of the struggle against corruption in Ukraine;
- to analyze the possibility of establishing the information, analytical and expert center to fulfill the corruption prevention and forecast tasks on the basis of the state system of criminological information, to specify the status and goals of this center;
- to set up at this center (for interdepartmental use) the data bank containing the normative, managerial, analytical, scientific, methodological, reference and other kinds of information, including the data from foreign sources, relating to prevention of corruption and struggle against it;
- to work out the measures on the state support of the journalists and periodicals publishing the anti-corruption materials and thus needing adequate protection;
- to develop the system of communication with citizens relating to the anti-corruption measures ("telephone of trust", consultations on legal matters, making proposals etc.) and, in doing so, to take due measures on protecting civil servants from anonymous slander and discredit;
- to provide news media with easy access to non-classified information about combating corruption in the anti-corruption bodies.
Scientific and methodological support of the anti-corruption struggle requires establishment of adequate system of research in the field of preventing and combating corruption, elaboration of new proposals, scientific methods and recommendations to this effect, their rational implementation, forecasting and scientific analysis of the anti-corruption forms and means, also moral and material stimulation of the persons conducting such research.
To reach these goals it is required to do the following:
- to specify the priorities and subject matter of anti-corruption research, to provide financial state support of such research;
- to carry out R&D intended for monitoring, forecasting and simulation of the basic trends of corruption in Ukraine in their dynamics; to use for such work the statistical data, expert surveys, sociological monitoring and other kinds of information;
- to analyze the coordination and research activities, the developments and the results of their implementation by the Interdepartmental Center for the Problems of Combating the Organized Crime at the Coordination Committee for the Struggle against Organized Crime under the President of Ukraine, to take measures on raising the efficiency of this Center;
- to study the results of foreign research into the field of combating corruption; to introduce and implement the most successful results of such research appropriate for Ukraine;
- to fix the procedure for consideration and implementation of the proposals by experts relating to the struggle against corruption;
- to elaborate scientific methods of anti-corruption criminological examination of the draft by-laws, managerial decisions, commercial credit and other economic agreements;
- to update and broadly use the methods of criminalistics and forensic examination for preventing and combating corruption;
- to publish a special information periodical about scientific recommendations and the state of affairs in the field of combating corruption in Ukraine;
- to use the coordination system at the academy of law of Ukraine for coordination and interaction in carrying out the anti-corruption research by the state and non-governmental scientific institutions, to establish cooperation with international organizations and scientific centers that conduct or support the research into the field of the struggle against corruption both in Ukraine and abroad.
The following measures must be taken to improve the material and technological support of combating corruption:
- to generalize the needs of law-enforcement bodies and courts in financial backing, material and technological resources, to prepare the coordinated plans and calculations for providing the said bodies and courts with equipment, transportation and communication facilities, other essential material resources;
- to include into the draft state budget the funds for implementation of anti-corruption measures;
- to supply special-purpose equipment and criminalistic facilities to special units of the National Bureau of Investigation, the Ministry of Internal Affairs and the Security Service of Ukraine for efficient operational and detection anti-corruption activity.
It is also necessary to use international cooperation and foreign experience in the struggle against corruption.
With this aim in view, it is recommended:
- to treat the international cooperation aimed at the struggle against corruption as a priority of foreign policy of Ukraine;
to ensure active participation of Ukraine in the activities of the UN bodies, the Council of Europe and other international organizations which develop the international standards of conduct for civil servants, recommendations, conventions and other corruption preventing and combating documents; to consider the forms and efficiency of participation of representatives of Ukraine in such organizations;
- to initiate international anti-corruption actions and programs;
- to inform the concerned international organizations about anti-corruption activities in Ukraine, about the results of such activities;
- to set up the interdepartmental coordination commission for analyzing the foreign and international experience in the struggle against corruption, to make provisions for receiving, translating and analyzing of relevant information, also for fieldwork, training and participation of the Ukrainian experts in anti-corruption events abroad; to make it compulsory for the commission to consider the conclusions and proposals on analyzing foreign experience and its implementation in Ukraine;
- to recommend the missions of international organizations, foundations, agencies and foreign embassies in Ukraine to integrate and coordinate their anti-corruption activities through the interdepartmental coordination commission for analyzing the foreign and international experience in the struggle against corruption;
- the interdepartmental coordination commission shall analyze the anti-corruption measures which international organizations recommend to implement in Ukraine, also the measures
being taken in other countries; the commission shall also determine the measures which are implemented or not implemented in Ukraine, the reasons for non-implementation of such measures;
the commission should make the proposals to this effect and request the missions of concerned international organizations, foundations, embassies and agencies in Ukraine to help promote this work;
- to he integrated into the system of combating the transnational and international corruption;
- to promote participation of Ukraine in elaboration of the draft International convention on combating the organized transnational crime; to prepare the Ukraine's proposals, including the anti-corruption ones, on the draft convention on combating the trade of children.
Allowing for aforementioned requirements, it is necessary to ensure efficient work of the coordination anti-corruption committee under the President of Ukraine which is charged with coordination of activities of all executive bodies in the sphere of combating corruption.
This Concept should be implemented in the following way:
- through taking due account of the provisions of this Concept in shaping and carrying out the state policy, including the legal and crime-combating policy, application of these provisions in relevant legislative acts, official statements, parliamentary hearings, recommendations on preventing and combating corruption;
- by means of elaboration of the new and updating of the current state plans and national anti-corruption programs, also the sectoral programs relating to the most criminogenic spheres of activity (public service, tax and customs services, foreign economic activity, police and municipal bodies, privatization etc.);
- through adoption of new laws and introduction of amendments and additions to the laws ion force;
- by means of elaboration, in terms of said programs and legal acts, of the relevant departmental plans, anti-corruption measures, standard functional duties and rules for public officials;
- through establishment of efficient system of the state control and responsibility for observance of provisions and recommendations set forth in this Concept, charging the competent bodies with execution of said functions;
- by means of analyzing the information about the struggle against corruption, permanent monitoring of such activities;
- through selection of experts for forecasting the criminogenic trends, for elaboration and possible correction of the anti-corruption plans.
The terms of practical implementation of the Concept depend on the dynamics of political, democratic, socioeconomic and legal development of Ukraine and formation of public society at the current transition stage. Much will also depend on concerted actions of all state bodies at national and regional levels, on the attitude of both the state and its citizens towards the struggle against corruption.
It is recommended to take the urgent corruption preventing and combating measures during 1998 while it will take 2-3 years to elaborate and implement the longer-term measures. Other measures should be taken on a permanent basis in order to establish and introduce, by the year 2005, an efficient anti-corruption system in Ukraine, to reach tangible results in this Held.
Provisions of this Concept must be included into curricula of specialized scientific and educational institutions.
Head of the Administration of the President of Ukraine
Victor Lukyanenko (267) L:\DOC\EDI\CONCACOR.98E July 6, 19983:33 PM
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