CORRUPTION Corruption What we will talk about International

CORRUPTION

Corruption: What we will talk about: • International standards in criminal law – what do we need? • National legislation – what do we have? • What is corruption? • Manifestations of corruption – how it looks like? • How to measure corruption? • Can we overcome corruption and eliminate it totally? • Why we need to decrease the level of corruption? • What can be done?

Corruption: International Standards in Criminal Law • Council of Europe Criminal Law Convention on Corruption (Ukraine signed 27 Jan. 1999) • UN Convention Against Corruption (UNCAC) (Ukraine signed 11 Dec. 2003) • OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

National legislation • Law on the Basic Principles of Prevention and Countering Corruption • Law on the Rules of Professional Conduct of Public Servants • Criminal Code • Criminal Procedural Code • Internal Codes of Ethics • Other regulatory acts

Defining corruption • Conventions do not define “corruption”, only establish the “offences for a range of corrupt behavior” • Ukrainian law: “Use by a person … of official power and of opportunities associated with such power, for the purpose of gaining illegal benefit, or acceptance of an offer of such benefit for him or for other persons, or respectively, an offer or provision of illegal benefit to a person … or upon his demand, to other … persons, with the purpose of inducing such person to unlawfully use entrusted to him official power and the opportunities associated with such power”.

Other definitions of corruption: • “Transparency International”: Corruption involves behavior on the part of officials in the public sector, whether politicians or civil servants, in which they improperly and unlawfully enrich themselves, or those close to them, by the misuse of the public power entrusted to them”. • Corruption = Monopoly + Discretion – Accountability ©American economist Robert Klitgaard “Corruption is a crime of calculation, not of passion. People will tend to engage in corruption when the risks are low, the penalties mild and the rewards great. "

Manifestations of Corruption The most common - Bribery

Manifestations of Corruption • Embezzlement, theft and fraud • Extortion • Abuse of power • Favoritism and nepotism • Improper political contributions • Trading in influence

Can we overcome corruption? No country is perfect. Sporadic (episodic) corruption Systemic corruption Where is Ukraine?

Measuring corruption How many of you think that judges are corrupt? How many of you think that university professors are corrupt?

Measuring corruption How many of you gave bribe to the judge last year? How many of you gave bribe to traffic policemen last year?

Global Corruption Barometer 2013 87% of respondents in Ukraine who felt that judiciary was corrupt 21% Reported paying a bribe to a judiciary 84% of respondents in Ukraine who felt that police were corrupt 49% Reported paying a bribe to a police

Measuring corruption – Corruption Perception Index • The most known rating – Transparency International. First launched in 1995, the CPI currently ranks 176 countries "on a scale from 100 (very clean) to 0 (highly corrupt) Ukraine • 2010 -134 out of 178 • 2011 - 152 out of 182 • 2012 – Score 26 -144 out of 176 • Our neighbors in the list – Bangladesh, Cameroon, Central African Republic, Congo Republic

WHY do we need to decrease a level of corruption? • Undermines economic growth • Undermines poverty reduction efforts • Undermines the safety, environmental health and the sustainability of cities • Threatens political stability - disillusionment with politics and politicians

WHAT can be done? • Ukraine is not unique. • There are recipes: • Structural framework, • Instruments of prevention, • Instruments of detection and investigation, • Penalization

WHAT can be done? You suggest!