Introduction
The scale of corruption and its negative impact on democracy, human rights, and freedoms have led to the fact that for Ukraine, a young country that is rapidly developing in all areas (economic, political, social, cultural, etc.), the issue of corruption in state functioning has become more important than the recently relevant issues of drug trafficking, the arms trade, or modern terrorism. Corruption is at the heart of the underground economy, it greatly hinders the economic progress of the state and can lead to a violation of the principles of fair competition, which undermines the proper conduct of business (Miftakhutdinov Reference Miftakhutdinov2017).
One of the key objectives of the anti-corruption strategy is to curb corruption at the governmental level and in local self-government by strengthening transparency in their activities, ensuring the rights and freedoms of individuals and citizens, creating preconditions for economic development and implementation of European social standards and welfare of the population. This goal can be achieved through the implementation of an anti-corruption strategy that provides for a consistent reduction in the level of corruption in the country and the introduction of an effective mechanism for preventing and combating corruption in Ukraine. Accordingly, strategic and tactical goals of combating corruption should be defined, tasks should be set for specific government agencies, and optimal means of combating this phenomenon should be chosen (Shylo Reference Shylo2022).
The process of combating corruption crime includes the influence of state and specially authorized bodies on the negative factors that contribute to the spread of corruption and the commission of corruption crimes in society. One of the main aspects of such counteraction is the prevention of corruption crime, which focuses on eliminating the causes and conditions that contribute to the emergence of corrupt practices, as well as other factors that contribute to the formation of the personality of persons who commit corruption crimes. An important component of the anti-corruption strategy is also theoretical and methodological support, which gives an important place to the prevention of corruption crime, along with other measures of struggle (Melnyk Reference Melnyk2001).
Despite a long discussion among theorists and practitioners, there are a significant number of unresolved issues related to corruption-related offenses and liability for them. It is important to clarify what exactly the concept of corruption is in Ukrainian law and international experience, what specific actions are considered corruption offenses, and what legal consequences accompany the commission of such actions under national laws.
During martial law, the negative impact of corruption in the defense sector becomes particularly vulnerable and threatening. Corruption can seriously undermine the efficiency and functioning of the military apparatus and defense infrastructure. Corruption can lead to the misallocation of the defense budget, where funds that should be used to purchase important equipment and machinery can be used by unscrupulous individuals for their own personal gain. In addition, corruption can lead to the leakage of strategic information and the leakage of important defense data. In addition, dishonesty on the part of military officials, leading to the procurement of inadequately trained or even substandard weapons and equipment, can significantly impair the ability to protect and conduct military operations.
Given the importance of the security and readiness of the defense forces during martial law, the immediate suppression and prevention of corruption in this area is of utmost importance for national security and defense.
Materials and Methods
This study employs a combination of analytical and synthesis methods to investigate corruption in the defense sector, focusing particularly on violent offenses and the use of weapons as risk factors.
Analytical Approach
The analytical method was utilized to examine the legislative framework and anti-corruption measures within the defense sector. Key activities included: reviewing official documents, reports, articles, and expert opinions; studying statistics and case studies related to corruption; identifying types of corruption prevalent in the defense sector, such as bribery, embezzlement of budget funds, manipulation of official documents, and abuse of office; and analyzing the negative consequences of corruption, including threats to national security, financial losses, erosion of public confidence, degradation of military discipline, and international reputation damage.
Synthesis Method
The synthesis method was employed to integrate various information sources and perspectives, providing a comprehensive understanding of the effectiveness of existing legislation and identifying areas for improvement. This involved: combining legislative analyses with practical examples and expert opinions; evaluating the implementation and practical effectiveness of anti-corruption laws; and proposing enhancements to criminal liability frameworks by considering identified risk factors.
Formal Legal Method
This method focused on the detailed examination of legislative texts, court decisions, and legal concepts relevant to corruption in the defense sector. Specific activities included: analyzing the Criminal Code, laws, and other legal acts to define corrupt actions and associated sanctions; identifying key legal concepts and their implications for accountability; and highlighting strengths and weaknesses in the current legislative framework and anti-corruption measures.
Systematic Method
The systematic method allowed for a holistic examination of corruption as a complex system with interconnected components. This approach involved: studying the interplay between legislative, institutional, and practical measures against corruption; considering the socio-cultural and economic impacts of corruption on society and national security; developing a unified framework to improve criminal liability for corruption; and taking into account violent offenses and the use of weapons.
Results
Combating Corruption in the Defense Sector
Undoubtedly, corruption is an acutely negative phenomenon that has no place in the modern world, especially if we are talking about critical areas that affect the functioning of the state, national security, and human rights protection. However, in order to identify the negative consequences of this phenomenon and consider countering corruption, it is first necessary to define what it is. One of the approaches was outlined by Ukrainian scholar Vanchyk (2024). Corruption can be seen as an integral part (feature) or one of the manifestations of organized crime. From this point of view, corruption is considered not as an independent phenomenon, but as a structural element, a systemic feature or a specific variant of organized crime. Under this approach, corruption can be recognized, for example, as bribery or other forms of misconduct by officials, but only as part of the overall system of organized crime.
The definition of corruption in this context has general features and is characterized by the absence of clear wording that would allow us to distinguish the essential features of this legal category. This means that corruption was considered as a specific socially dangerous act (crime), or, rather, as an abuse of office, which: (1) had the nature of self-interest; (2) was aimed at obtaining unlawful benefit or illegal acquisition of material or other benefits for personal or group benefit (Vanchyk Reference Vanchyk2014).
Williams (2021), a researcher from Norway, notes that corruption can be defined as a social, systemic phenomenon that consists of the misuse of personal position, status, and authority by persons with power or management authority for personal or corporate interests, which leads to the decay and degradation of power and social governance. According to Ukrainian scholar Gura (Reference Gura2021), corruption is a complex multidimensional systemic phenomenon that consists of the unlawful immoral use by persons with power or managerial authority of their own position, status, or authority in personal selfish interests for the purpose of enrichment or obtaining other kinds of preferences for themselves or others at the expense of the state or its citizens.
Thus, we can define corruption as a system of illegal actions, abuses, and relationships aimed at personal enrichment or other unlawful benefits through the use of power, position, or resources. Corruption undermines trust in society, violates justice, and can have serious consequences for the economy, politics, and social development.
Corruption is undoubtedly a negative phenomenon, as its presence has serious and destructive consequences for society and the state as a whole. It violates the principle of justice and equality, and undermines public trust in government structures and institutions. Corrupt practices generate inequality and conflict. Redistribution of resources in favor of a limited group of people leaves many citizens without attention and opportunities for development.
In addition, corruption threatens the effectiveness of public administration, undermines the rule of law, and threatens national security. It can lead to a decrease in investment and hinder economic development, and divert funds that should be invested in public and social sectors. Given all these factors, it is important to emphasize that the fight against corruption is essential to ensure the sustainable development of society and improve the quality of life of citizens. Achieving transparency, accountability, and efficiency in public administration and civil society are key steps towards overcoming the negative effects of corruption.
The issue of studying corruption in the defense sector deserves special attention. Such corruption has serious consequences for national security and the effectiveness of defense structures. Currently, the defense sector in Ukraine is one of the costliest sectors, as the country has to make efforts to protect its independence and territorial integrity (Piskun and Levchuk Reference Piskun and Levchuk2018). An important role in ensuring national security is played by the Armed Forces of Ukraine (AFU), which are responsible for protecting sovereignty, territorial integrity, and inviolability. It is important to realize that corruption is the main threat to the national security of the state, and its impact can be traced to all other security risks. It promotes the development of various forms of organized crime, increases social instability, and limits the ability of the state to perform the functions entrusted to it by society, which makes economic growth impossible. Corruption in the defense sector becomes a deterrent to the country’s development in peacetime, and in martial law or conflict it becomes a threat to the very existence of the state.
It is worth emphasizing that Ukraine has been fighting a war for its independence since 2014 and is actively fighting corruption in the defense sector, which was born out of the Soviet approach. Since the beginning of Russia’s full-scale invasion of Ukraine on February 24, 2022, the issue of corruption has become a key one, as the existence of corruption in a state that is at war against an invader can lead to its absolute destruction and decline. Therefore, the state is actively taking measures at the legal, institutional, and practical levels to overcome any manifestations of corruption. First of all, it is worth emphasizing the creation of an effective legal framework. Establishing an effective legal framework for combating corruption in the defense sector is a key step in the fight against this problem. This process includes the development and implementation of laws and regulations that establish clear rules, requirements and mechanisms for preventing, detecting, and suppressing corruption in the defense sector (Korniienko et al. Reference Korniienko, Petrunenko, Yena, Pankratova and Vozniakovska2020).
Ukraine’s Anti-Corruption Legislation
It is worth noting that Ukraine has a broad anti-corruption legislation represented by laws and regulations. Among them, the Law of Ukraine On Prevention of Corruption of 2014 is perhaps the most important. This law defines the legal and organizational framework for the functioning of the system of corruption prevention in Ukraine, the content and procedure for the application of preventive anti-corruption mechanisms, and the rules for eliminating the consequences of corruption offenses (Verkhovna Rada of Ukraine 2014b).
Ukraine’s anti-corruption legislation is an important component of the national anti-corruption strategy. It aims to create an effective system of norms and mechanisms aimed at preventing, detecting, and suppressing corrupt practices in various spheres of society, including the defense sector. Many laws require public officials to declare their income, expenses, and property. This creates an opportunity for the public, the media, and anti-corruption bodies to monitor the possibility of illicit enrichment. In general, the system of anti-corruption legislation in Ukraine is aimed at creating an effective system of control and prevention of corruption, strengthening transparency and openness in the activities of state structures, and ensuring accountability for violators.
It is worth noting that Ukraine has previously reformed the anti-corruption sector. The main goal of anti-corruption reform is seen as achieving the proper implementation of anti-corruption legislation, successful implementation of new anti-corruption mechanisms, and creation of an effective institutional system for preventing and combating corruption. Accordingly, activities to prevent and combat corruption in all spheres, including the military, should be carried out on a systematic basis, taking into account the specifics of the Armed Forces and other military formations of Ukraine, and be permanent (Petrushko and Kostenko Reference Petrushko and Kostenko2017). Thus, Ukraine has the Law of Ukraine On the National Anti-Corruption Bureau of Ukraine of 2014. This Law defines the legal basis for the organization and activities of the National Anti-Corruption Bureau of Ukraine. It was established in 2015 as an independent state body. According to the Law, it is a central executive body with a special status, which is responsible for preventing, detecting, stopping, investigating, and solving corruption and other criminal offenses under its jurisdiction, as well as preventing new violations. The main objective of the National Anti-Corruption Bureau is to prevent, detect, and solve corruption, including those involving high-ranking officials and public officials.
One of the key areas of the Bureau’s work is corruption prevention. The Bureau develops and implements measures to prevent corruption, conducts risk analysis, and develops proposals for improving anti-corruption legislation. This includes both organizational measures and legal support for anti-corruption policy. To achieve its goal, the Bureau conducts investigations in accordance with the law, uses specialized investigative methods, and cooperates with other law enforcement and regulatory agencies. An important function of the Bureau is to facilitate the punishment of those guilty of corrupt practices and bring them to justice in accordance with the law. In addition, it cooperates with the public, media, and other stakeholders to help raise public awareness of corruption risks and promote an open and transparent environment.
In general, the National Anti-Corruption Bureau of Ukraine is a key instrument in the fight against high-level corruption aimed at ensuring honesty, transparency, and accountability in public administration and officials (Verkhovna Rada of Ukraine 2014a).
In order to prevent, detect, stop, and solve criminal offenses that fall under its jurisdiction, the detectives of the Bureau, by decision of the Director of the National Bureau and in agreement with the prosecutor of the specialized anti-corruption prosecutor’s office, may also investigate criminal offenses that fall under the jurisdiction of investigators of other bodies (Lehin Reference Lehin2019).
The Bureau’s achievements include exposing and prosecuting a number of high-ranking officials, including members of parliament, judges, heads of state-owned enterprises, and others (Sorskyi Reference Sorskyi2020). The Bureau’s activities have significantly strengthened control over compliance with legislation in the areas of public finance, procurement, and other important areas (Skomarov Reference Skomarov2017). The introduction of electronic asset declarations for public officials has become an important tool in the fight against corruption, allowing the public and regulatory authorities to verify the accuracy of the information provided.
Despite the fact that the Bureau was established as a special anti-corruption body, the powers of law enforcement agencies to prosecute corruption offenses were not unified. According to Article 216 of the Criminal Procedure Code of Ukraine, the pre-trial investigation of corruption criminal offenses, in addition to the National Anti-Corruption Bureau of Ukraine, is also carried out by the national police and the State Bureau of Investigation (Hrechaniuk Reference Hrechaniuk2015; Verkhovna Rada of Ukraine 2012).
The Bureau also promotes legal culture and public awareness of corruption risks, which is an important aspect of corruption prevention. Thus, the Bureau’s activities are an important component of the system of anti-corruption measures in Ukraine aimed at ensuring transparency, accountability, and integrity in public administration.
The Bureau also plays an important role in combating and investigating corruption crimes in the military sphere. Thus, the Bureau conducts pre-trial investigations of corruption crimes committed by officials in military structures, including the Ministry of Defense, the Armed Forces of Ukraine, and other military formations. This includes crimes related to embezzlement of budget funds, illegal procurement, and abuse of power and official position. It is also actively working to identify corruption schemes in military structures, particularly in the area of public procurement. The Bureau conducts investigations into illegal overpricing of goods and services, supply of low-quality military equipment and supplies, and manipulation of tenders and contracts. Moreover, the Bureau analyzes corruption risks in military structures and develops recommendations for improving the legislative and regulatory framework. This helps to prevent corruption offenses and increase the effectiveness of anti-corruption measures in the military sector.
There are already a number of cases where the Bureau has uncovered corruption schemes in the army. For example, detectives uncovered a corruption scheme in the procurement of food by the Ministry of Defense of Ukraine in 2024. The case of purchasing food for the military at inflated prices has been going on since the spring of 2023. The procurement of the Ministry of Defense was analyzed and it was found that in the first half of 2023, it purchased food at prices 30% higher than consumer prices. The Ministry of Defense also did not analyze the cost, did not control the actual quantity of products supplied, and 75% of the items in the food catalog were not supplied to units at all (Lysohor Reference Lysohor2024).
The Bureau sent to court a case regarding misappropriation of funds of Pavlohrad Chemical Plant and causing additional damage to the enterprise in the form of lost profits. According to the investigation, one of the heads of the enterprise, which is managed by the Ministry of Strategic Industries of Ukraine and is a key enterprise for defense and security, entered into a conspiracy with the beneficial owner of a private company. According to the contract, after receiving 40% of the prepayment, the company was supposed to supply measuring devices, but despite having the necessary goods, it failed to do so. Thanks to the coordinated work of the detectives and the prosecutor, the property of the accused was seized for a total amount of over UAH 55 million (National Anti-Corruption Bureau of Ukraine 2024).
The Bureau’s importance was also evident in other military areas. In March 2022 alone, the Bureau detained and handed over more than 50 people to the Security Service of Ukraine, obtained and forwarded 284 pieces of information on the location and movement of enemy equipment to the Armed Forces of Ukraine, withdrew Armed Forces units from the threat of shelling and destruction seven times, interviewed more than 40,000 people, and registered more than 10 criminal proceedings on war crimes (National Anti-Corruption Bureau of Ukraine 2022).
The Bureau’s activities in the military structures contribute to a significant strengthening of control over compliance with the law, ensuring transparency of financial transactions and increasing the responsibility of officials for corruption offenses, which emphasizes its important role in combating corruption in the defense sector.
In addition, the system of anti-corruption institutions also includes other bodies. For example, the National Agency for the Prevention of Corruption (NAPC) is a key specialized anti-corruption body, which was established by the Law on Prevention of Corruption. The NAPC is a central executive body with a special status (Verkhovna Rada of Ukraine 2014b). At the operational level, the Specialized Anti-Corruption Prosecutor’s Office can also be distinguished, which provides procedural guidance and supports the public prosecution in the High Anti-Corruption Court in proceedings. Accordingly, the High Anti-Corruption Court is the highest specialized court in the judicial system of Ukraine, which considers proceedings on corruption crimes and makes decisions as a court of first instance and appeal.
The NAPC develops and implements anti-corruption programs aimed at preventing corruption in the military. This includes analyzing corruption risks, developing recommendations to minimize them and implementing preventive measures (Prokopiv Reference Prokopiv2018). This body also monitors compliance with anti-corruption legislation by military officials. The Agency controls the timeliness and accuracy of income, expenditure, and property declarations filed by military personnel and other officials. The NAPC cooperates with the Bureau and the Anti-Corruption Court, as well as other law enforcement agencies, to ensure a comprehensive approach to fighting corruption in the military. This interaction allows for the pooling of efforts and resources to more effectively investigate and prosecute corrupt officials.
The Anti-Corruption Court of Ukraine
The Anti-Corruption Court of Ukraine was established in 2019 as a specialized judicial body designed to ensure fair and impartial consideration of cases related to corruption offenses (Myrhorod-Karpova and Murach Reference Myrhorod-Karpova and Murach2022). The main purpose of this court is to hear cases related to corruption offenses committed by high-ranking officials and other officials, including military structures. The judicial jurisdiction of the Anti-Corruption Court covers proceedings referred by the National Anti-Corruption Bureau of Ukraine (Verkhovna Rada of Ukraine 2018a). In its first year of operation, the High Anti-Corruption Court of Ukraine has proven to be an independent and effective anti-corruption institution, and its judges have proven to be professionals. This is the conclusion of most experts who monitor the launch and work of this court (Solonyna Reference Solonyna2020).
The Court plays a crucial role in ensuring fair justice in cases of corruption in the military. It considers cases of abuse of power, embezzlement of public funds, illegal procurement, and other corruption offenses committed in the Ministry of Defense, the Armed Forces of Ukraine, and other military formations. One of the key functions of the Anti-Corruption Court is to decide on the guilt or innocence of those accused of corruption offenses and determine the degree of punishment. This ensures that officials are held accountable for corrupt practices and contributes to the improvement of law and order in the military.
The Сourt also contributes to increasing the transparency of trials, which is an important aspect for the public and international partners. Open court hearings and public coverage of judgments promote trust in the judicial system and increase the level of accountability of the military.
For example, in 2024, the High Anti-Corruption Court imposed a pre-trial restraint on the head of one of the Rivne Customs departments – two months in custody with bail of almost UAH 15 million. He is suspected of systematically extorting bribes for customs clearance of imported goods at reduced tariffs (Lapikptska Reference Lapikptska2024).
So, the Anti-Corruption Court is the final link in the chain of anti-corruption bodies. Society has high hopes that this judicial body will help strengthen the fight against corruption. Only the effective functioning of the court, the inevitability of punishment, and fair sanctions for violations of anti-corruption legislation will have a real effect in reducing the level of corruption in Ukraine (Popadynets and Zubyk Reference Popadynets and Zubyk2022). The Court plays an important role in combating corruption in the military by ensuring impartiality and fair justice. Its activities contribute to strengthening control over compliance with the law, increasing the accountability of officials and ensuring transparency of financial transactions, which are key aspects in the fight against corruption in the defense sector.
In order to ensure the effectiveness of the system of preventing and combating corruption in Ukraine, in addition to anti-corruption bodies, there are also state structures known as involved bodies. The essential difference between these two categories lies in their specialization. Anti-corruption agencies focus on developing and monitoring anti-corruption policy, investigating and prosecuting cases involving high-level corruption and significant financial amounts that require specialized analysis and resources. The agencies involved also carry out a number of anti-corruption measures and strengthen the anti-corruption system within their respective mandates. This helps to make anti-corruption activities more extensive and effective.
Ukraine started implementing a fully fledged anti-corruption infrastructure and creating specialized anti-corruption bodies in 2014. This follows logically from national efforts to integrate into the European Union (EU) and North Atlantic Treaty Organization (NATO), as well as to improve the legal framework. Ukraine is actively involved in international anti-corruption initiatives and is a party to the main international anti-corruption instruments. This includes the ratification of the United Nations (UN) Convention against Corruption (UNCAC), membership in the Group of States against Corruption (GRECO), and participation in various monitoring programs that assess progress in the fight against corruption. Joining the EU is of great importance for Ukraine in the context of fighting corruption. The EU imposes strict requirements on the rule of law, transparency, and accountability, which facilitates the implementation of structural reforms in Ukraine. Participation in the EU also provides access to financial and technical assistance for the implementation of anti-corruption measures. European integration encourages Ukraine to further strengthen its institutions and bring its national legislation in line with European standards. For example, as noted in the “Ukraine 2023 Report”:
Ukraine has ratified the most important international treaties to prevent and combat corruption, including the UN Convention against Corruption and the Council of Europe Criminal and Civil 36 Law Conventions on Combating Corruption. As part of its aspirations to become a member of the OECD [Organisation for Economic Co-operation and Development], in February 2023 the OECD Council agreed on the proposal of the Working Group on Bribery in International Business Transactions (WGB), to invite Ukraine to become a Participant to the WGB so as to facilitate its accession to the OECD Anti-Bribery Convention. Corresponding amendments to the Criminal Code, Criminal Procedure Code and Tax Code, and to other legislative acts are being prepared for the full implementation of the norms of the OECD Anti-Bribery Convention and the recommendations of the OECD Council. The domestic legal framework is broadly aligned with international standards and allows Ukraine to conduct complex criminal investigations into corruption cases. However, the Criminal Procedure Code and the Criminal Code should be further improved to enable higher efficiency and better outcomes. The amendments should be aimed at preventing procedural delays, increasing time limits for pre-trial investigations and improving the grounds and procedures for concluding plea bargain agreements. The legal framework on whistle-blower protection should be completed and fully aligned with the EU acquis (European Commission 2023).
Joining NATO
The issue of combating corruption in the military is extremely relevant both in the context of the current military conflict and in view of Ukraine’s aspirations to join NATO. The Alliance demands high standards of governance, transparency, and accountability in the military sphere from its members. Participation in NATO contributes to the modernization of Ukraine’s defense sector, the introduction of effective control mechanisms, and the proper use of resources. This helps to strengthen national security and increase resilience to external and internal threats. Joining NATO is highly important for Ukraine to ensure national security and stability. Membership in NATO provides the country with collective defense guarantees, which is crucial in light of aggression from Russia. It also contributes to the modernization of Ukraine’s armed forces, enhancing their combat readiness, and integrating them into the Euro-Atlantic security space. Additionally, NATO membership fosters political and economic stability, attracts investments, and strengthens the country’s international standing. It also stimulates reforms in the security and defense sectors, improving the effectiveness of state governance.
However, corruption poses a significant obstacle to Ukraine’s accession to NATO. The high level of corruption undermines trust in Ukraine among NATO member countries, as corruption can lead to the leakage of classified information, inefficient use of financial resources, and decreased combat readiness of the armed forces (The New Voice of Ukraine 2024). Military structures affected by corruption may be less effective in fulfilling their duties, jeopardizing NATO’s collective security (Bullough Reference Bullough2023). Therefore, combating corruption is critically important for Ukraine to meet NATO standards and ensure its future security and stability.
It is worth noting that the EU regularly evaluates Ukraine’s efforts to fight corruption as part of the Association Agenda and reports on the implementation of the Association Agreement. These reports highlight progress in establishing anti-corruption bodies, implementing e-declarations, and other reforms. However, it is noted that Ukraine still needs to work on ensuring the independence of anti-corruption bodies and the effectiveness of judicial review of corruption cases.
Creation of New Anti-Corruption Bodies
International experience confirms that the creation of new anti-corruption bodies is more efficient and faster than reforming existing structures. Ukraine has chosen a similar approach, which has also been positively assessed by the international expert community (Organisation for Economic Co-operation and Development 2020). Among other practical measures, corrupt schemes in the defense sector are being actively identified and punished. According to S. Bobrovska (Kyrylenko and Buderatskyi Reference Kyrylenko and Buderatskyi2023), a member of the Committee on National Security, Defense and Intelligence, the system of Territorial Centers of Recruitment and Social Support (TRCs) should be reorganized as much as possible according to the Western model. According to another expert, co-founder of the non-governmental organization “Principle”, which deals with human rights protection of the military, L. Halan: the network of military registration and enlistment offices is developed and takes the necessary measures to counter Russia, but the very concept of its work needs to be gradually changed (Mazur Reference Mazur2023).
On February 2, 2023, the Security Service of Ukraine announced the disclosure and termination of a large-scale corruption scheme organized by the leadership of the Sumy Regional Military Administration. Officials misappropriated funds intended for the region to overcome the consequences of hostilities and shelling by the Russian occupiers, including the restoration of infrastructure.
In addition, a large-scale scheme of illegal use of public funds intended for the development of the military infrastructure of the Defense Forces was terminated. According to the Security Service of Ukraine, the former head of the Main Housing and Maintenance Department of the Armed Forces and a senior officer of the technical supervision department of the construction of the said institution were involved in organizing these actions (Chernovol Reference Chernovol2023).
There is a scandalous case of one of the TRC representatives. Thus, on June 22, 2023, it became known that the family of Odesa TRC head Yevhen Borysov had a villa in a resort in Spain. The Verkhovna Rada initiated an audit of all regional TRCs, and Borysov was fired. On July 4, 2023, AFU Commander Zaluzhnyi appointed his replacement, a combat officer, a colonel. Prior to that, the State Bureau of Investigation exposed the heads of TRCs who promised to help avoid mobilization in Poltava, Lviv, Rivne, Khmelnytskyi, Ternopil, and Donetsk regions in exchange for bribes (Mazur Reference Mazur2023).
In addition, on August 17, 2023, the President of Ukraine signed Presidential Decree No. 491/2023 on the Decision of the National Security and Defense Council of Ukraine of August 11, 2023 on the Results of the Inspection of Territorial Recruitment and Social Support Centers of the Armed Forces of Ukraine. According to the Decree, the heads of all regional TRCs were dismissed (President of Ukraine 2023).
All of the above measures and approaches to combating corruption in the defense sector show that Ukraine has taken on the task and taken concrete steps to overcome this problem. In particular, the country has been actively working at the legislative level to strengthen the anti-corruption framework and introduce the necessary accountability mechanisms. Initiatives to establish special control bodies and anti-corruption units in the defense sector indicate the recognition of the need for targeted action.
Another international organization – Transparency International – also notes positive changes. Thus, according to the Corruption Perceptions Index (CPI) (Transparency International 2023), in 2023, Ukraine scored 36 points out of 100 in the CPI, ranking 104th out of 180 countries. Ukraine’s three-point increase is one of the best results in the world over the past year. Ukraine is also among the 17 countries that have demonstrated the highest scores this year in the CPI.
Transparency and accessibility of information have become key aspects in the fight against corruption. Measures to publish data on financial transactions and expenditures of defense institutions allow for public scrutiny and ensure accountability to the authorities. The development of codes of ethics and training of defense personnel raise awareness of the inadmissibility of corrupt practices and strengthen the internal culture of responsibility. The outbreak of full-scale military aggression and occupation of territories have become a catalyst for intensifying the fight against corruption in Ukraine. Under such conditions, effective resource management has become a particularly important task, and the introduction of anti-corruption mechanisms has become a necessity for maintaining military potential and national security.
Types of Corruption in the Defense Sector: From Bribery to Money Laundering
The range of corrupt practices in the defense sector includes various violations and abuses aimed at personal enrichment, obtaining undue advantage and violation of the law. Typical corruption misconduct includes bribery, embezzlement of budget funds, manipulation of official documents, and abuse of office for profit. The public procurement sector is particularly vulnerable to corruption, manifesting itself through the unlawful winning of tenders through bribes, the misuse of budget funds through forged documents, and the provision of final benefits to one’s own persons by unjustifiably rejecting competitive offers from other possible suppliers. Trading in official powers, when officials use their status for personal gain, is also a common phenomenon (State Financial Monitoring Service of Ukraine 2016).
Bribery and extortion are serious acts of corruption that occur when officials or employees demand or accept money, gifts, favors, or other benefits in exchange for various illegal services, favorable decisions, relinquishment of control, or other actions that they are required to perform in accordance with their duties. This may apply to both public officials and private individuals with whom they interact. It should be noted that bribery is the process of providing money, gifts, services, or other material values to officials or employees in order to influence their actions or decisions. Bribery can be covert or overt, but it is always aimed at securing the personal benefit of the person giving the bribe (Cherneha Reference Cherneha2016).
To counter bribery and extortion of undue advantage in the defense sector, effective anti-corruption measures should be implemented, including the establishment of independent control bodies, strengthening legislation, and expanding public oversight of officials and employees.
Unfair agreements and contracts are one of the most common forms of corruption in the defense sector and other industries. These agreements involve the illegal or unethical use of state resources, budget funds, as well as violations of economic and financial rules in the form of misuse and forgery of documents. These are agreements concluded between entities (often officials) and enterprises that violate the requirements of the law, ethical norms, and procedures. This may include overpricing of goods or services, unreasonable changes in contract terms, hidden fees, or other underhand actions aimed at obtaining illegal benefits. Unfair agreements and contracts not only lead to the loss of public resources, but also undermine trust in the government, violate equality before the law, and undermine the effectiveness of public administration. To combat this phenomenon, it is necessary to strengthen anti-corruption mechanisms, increase transparency and accountability in procurement processes, and ensure strict adherence to rules and procedures.
Money laundering is a very important problem that needs to be actively addressed. It is worth emphasizing that all countries of the world are actively fighting this phenomenon, especially in the financial sector. Money laundering in the defense sector is a special type of financial corruption that has serious consequences for national security and defense capabilities. It is a process in which criminals attempt to conceal illegally acquired funds through the defense system or the military–industrial complex in order to legalize these funds and use them for their own benefit. Ensuring financial stability at all levels of government is a significant task for most countries, including Ukraine. The level of financial stability of the state is the main indicator that determines its ability to effectively influence economic and financial policy in accordance with its national interests. In particular, the issues of ensuring financial stability become even more relevant in the context of martial law, which requires more detailed analysis and attention (Shyriaieva and Kunevych Reference Shyriaieva and Kunevych2023).
Money laundering in the defense sector can lead to serious consequences, such as reduced quality or insufficient readiness of military equipment, violation of national security, and deviation from defense doctrine (Bukhtiarova Reference Bukhtiarova2020). Combating money laundering in the defense sector requires strengthening controls, enhancing anti-corruption mechanisms, and ensuring transparency in all stages of defense procurement and transactions. Effective anti-corruption strategies and monitoring mechanisms will help prevent and stop illegal financial transactions, ensuring the country’s reliable and secure defense capability (State Financial Monitoring Service of Ukraine 2016).
Also, in the context of the research topic, it is worth highlighting lobbying of interests. This is a process by which individuals, groups, or organizations try to influence the decision-making of government officials, politicians, and other authorities in order to protect or support their own interests. In the defense sector, lobbying can have a great negative impact, as this sector concerns national security, defense capability, and important strategic issues of the country. Lobbyists can focus their efforts on influencing decision-making on the military budget, arms supply, military-technical cooperation with other countries, as well as on reforming and modernizing the armed forces (Stelmakh Reference Stelmakh2021). In the field of defense, negative manifestations of lobbying can have serious consequences for the national security and defense capability of the country. The negative impact of lobbying may be that it can facilitate the conclusion of unfair agreements and contracts in the defense sector. This can lead to embezzlement of public funds, unsatisfactory quality of purchased weapons and equipment, and reduced effectiveness of military operations.
Regulation of Arms Circulation and Control in the Context of Their Uncontrolled Proliferation in Connection with the War in Ukraine
Arms control is an important issue both in the context of the country’s defense capability and as one of the ways for corruption to develop in the defense sector. First of all, let us look at why the issue of arms control is important in general. The issue of illicit arms trafficking is highly relevant, as this type of activity leads to serious threats to the national security and interests of the country. Illicit arms trafficking leads to an increase in the number of offenses, terrorist acts, robberies, and violence against citizens and animals. Illicit arms trafficking is characterized by threats on three levels. The first level is personal, as illegal arms trafficking poses threats to every citizen. Even just walking down the street, a person can be in danger as a result of unforeseen confrontations, and may become an unknown party in a conflict. Of course, this limits their freedom of action. Second, the consequences of illicit arms trafficking are also felt at the level of society as a whole. Beyond its borders, such activities lead to increased conflicts and destabilization, and create obstacles to development. Finally, the third level is the state level, since illicit arms trafficking can play a role in violating state sovereignty and territorial integrity, contributing to the aggravation of the situation at the international level (Smokov et al. Reference Smokov, Horoshko, Korniienko and Medvedenko2022).
After the large-scale invasion of Ukraine by the Russian Federation, this topic has become even more relevant due to several key factors. First, new opportunities and ways of acquiring weapons have opened up, which has led to an increase in the number of weapons in Ukraine.
Second, the threat to personal security has increased, expanding the possibilities of civil defense within the framework of the law. This has led to a negative social and psychological context that can increase the threat to the life and safety of citizens in the presence of weapons.
Third, circumstances have emerged that require personal protection, and this need may be met through the illegal acquisition of weapons. In this regard, there is a need to control and regulate arms trafficking, as well as to determine their legitimate use, which should be established at the moment and stopped and seized when the need is no longer necessary or in the case of violation of legal norms. Thus, illicit arms trafficking is a serious threat to national security, and given Russia’s full-scale invasion, this problem has become even more urgent and critical (Karmanau Reference Karmanau2016).
The issue of illicit arms trafficking has become most relevant in connection with Russia’s full-scale invasion, but we believe that it may be a problem that may be underestimated and not given due attention today. This problem can be included in the list of current and foreseeable threats to the national security and national interests of Ukraine, taking into account the foreign policy and domestic circumstances envisaged in the National Security Strategy of Ukraine, 2022 (President of Ukraine 2022).
According to the Law of Ukraine On National Security of Ukraine, 2018, threats to national security are phenomena, trends, and factors that may complicate or even make it impossible to realize national interests and preserve national values of Ukraine. Such national interests include vital aspects for the individual, society, and the state that contribute to Ukraine’s state sovereignty, democratic development, and the well-being of its citizens. From this perspective, illicit arms trafficking negatively affects the safety and well-being of citizens, creating threats and risks to their lives (Verkhovna Rada of Ukraine 2018b). Thus, illicit arms trafficking can be viewed as a current threat, as it already poses dangers to Ukraine’s national interests, and as a potential threat, as its possible development and deepening may cause new problems that interfere with illicit arms trafficking and complicate control over this process.
The issue of illicit arms trafficking is complex. First, firearms are manufactured and sold both legally and illegally, making it difficult to trace illegally manufactured weapons. In addition, a significant proportion of firearms are produced legally but then illegally enter the market. As in other areas of illicit activity, arms trafficking uses new sales channels, which leads to an increase in illicit trafficking and makes it more difficult to control.
Criminal organizations use modern technologies, but they do not stay away from classical methods. An example is the use of postal services to smuggle weapons into countries. They send parts and components separately to make them harder to detect. Globalization creates conditions for the spread of international crime, including arms trafficking, and reinforces other negative phenomena, such as drug trafficking, human trafficking, terrorism, and extremism, which can have an impact on national security (Martyniuk Reference Martyniuk2017).
Given the potential threats and consequences that illicit arms trafficking can cause, governments and international organizations see it as a real problem and a threat to national security and the achievement of national goals and interests. For example, Sustainable Development Goal 16, which aims to promote peaceful and inclusive societies for sustainable development, explicitly points to the importance of significantly reducing arms flows by 2030. Thus, the international community has recognized the importance of monitoring illicit arms flows and, in particular, collecting standardized data and information on seized, found, and surrendered weapons (United Nations 2015).
According to the National Security Strategy of Ukraine, low levels of well-being are a source of negative sentiment, violence, and political discord, and contribute to the strengthening of radical public views and conditions for various negative phenomena, such as political violence, the activities of illegal armed groups, terrorism, etc. In our opinion, illicit arms trafficking only exacerbates these threats to national security, and, in practice, reducing this phenomenon can have a positive impact on improving welfare, reducing political violence, the activities of illegal groups, and overcoming other national security challenges (President of Ukraine 2022).
However, the most important feature of the danger posed by illicit arms trafficking is its ability to amplify and exacerbate other typical threats to national security. For example, in Latin America, it leads to intergroup violence, and in Europe, it leads to the growth of terrorism. In Ukraine, illicit arms trafficking also emphasizes and increases other threats, such as hybrid activities of the Russian Federation, separatism, etc. (Department of Communication of the Ministry of Internal Affairs of Ukraine 2023).
Ukraine is currently taking active steps to regulate and control arms trafficking. One of the key components of this is the Unified State Register of Weapons, which was launched on June 23, 2023. This innovation allows weapons to be registered without visiting the National Police by using the Single Citizen’s Window or by contacting gun shops. During the first month of the Unified State Register of Weapons, citizens submitted more than 23,000 applications and petitions, of which about 19,000 were considered (Department of Communication of the Ministry of Internal Affairs of Ukraine 2023).
Other important aspects of implementing arms control include mandatory declaration of weapons received by citizens from law enforcement agencies or the Armed Forces, found or obtained as a trophy on the battlefield. Such weapons are state property and must be returned within 90 days after the lifting of martial law. Weapons will be registered with the police under a simplified procedure and free of charge. The state also envisages the development of a network of shooting hubs where citizens will be taught how to handle and store weapons, and where services for the repair, maintenance, and sale of weapons will be available.
Illegal arms trafficking and corruption are deeply interconnected, which can significantly undermine national security and pose serious threats to society and the state. Corruption affects arms trafficking on several levels. First and foremost, corruption can facilitate the acquisition and trafficking of arms by bribing officials responsible for arms control and regulation. Corrupt officials may allow illegal suppliers and traders to illegally import and sell arms, circumventing the law. It is also worth noting that these phenomena are linked in the area of document falsification.
Corruption can lead to the falsification of documents required for the legal production and trade of arms. Fake permits and certificates can help to export weapons to the illegal market. Corrupt officials can contribute to the delay or postponement of investigations into arms trafficking, allowing criminal groups to continue their activities with impunity. The absence of effective control mechanisms caused by corruption can help illicit traffickers evade detection and seizure of illicit weapons (Golovin et al. Reference Golovin, Nazymko, Koropatov and Korniienko2022).
In general, corruption makes it more difficult to combat illicit arms trafficking, reduces the level of trust in law enforcement and government agencies, and creates favorable conditions for the growth of criminal activity and threats to national security.
Discussion
While conducting research on the topic of the article, the authors’ attention was drawn to the work of scientists Piskun and Levchuk (Reference Piskun and Levchuk2018). In their work, the authors analyzed corruption problems that arise in the defense sector. They emphasize that the current processes of information globalization in the defense sector require not only the creation of new legal mechanisms, but also a rethinking of the paradigm of legal thinking and the theoretical foundations of law in general. This, in turn, puts on the agenda the task of continuously identifying the sources of legal evolution of corruption risks in the defense sector and developing ways to gradually develop the legal framework for combating corruption in the context of national security. The main principle underlying their scientific work is the formation of theoretical legal structures with due regard for the new national legal concept of human-centeredness. This ideology contributes to the humanization of administrative and legal regulation and the enforcement of mandatory requirements of the anti-corruption legislation in the defense sector, as well as in the field of national security of Ukraine (Kovalova, Korniienko, and Postol Reference Kovalova, Korniienko and Postol2019; Piskun and Levchuk Reference Piskun and Levchuk2018).
The following paper, which the authors relied on while writing this article, is the work of Shyriaieva and Kunevych (Reference Shyriaieva and Kunevych2023). The global significance of combating money laundering has been recognized for a considerable time, necessitating the examination of the factors contributing to its proliferation and the implementation of effective legal frameworks. It is widely acknowledged that the laundering of illicit gains has evolved into the most lucrative form of unlawful engagement worldwide, underscoring the immediate relevance of this concern. The absence of targeted measures at the national level and the absence of reforms intended to address the issue of illicit income laundering present challenges to the security and prospective economic progress of Ukraine (Shyriaieva and Kunevych Reference Shyriaieva and Kunevych2023).
Relevant for this article were the findings of Ivliev (Reference Ivliev2015), who studies the peculiarities of violent crimes in the Armed Forces and their impact on security policy. He explores scientific approaches to solving the issue of determining one of the components of a military violent crime – the object of the crime. In addition, the author confirms the views of some scholars that the generic object of military violent crimes is the officially established procedure for performing or completing military service. Meanwhile, the author expresses confidence that military crimes involving elements of violence may have two direct objects: the main object is the specific relations of military service against which criminal acts are directed, and the additional object is the physical or mental health or personal inviolability of a person (Ivliev Reference Ivliev2015).
In terms of studying illegal arms trafficking and the relationship between this phenomenon and corruption, the work of Martyniuk (Reference Martyniuk2017) should be highlighted. The author notes that Ukraine is faced with widespread possession of unregistered small arms among civilians. The conflict in the east of the country has led to serious losses of national weapons stocks and their illegal sale, which has led to an expansion of the range of illegal weapons.
Increased instability during the conflict contributed to an increase in confiscations in 2013–2014, although only limited amounts of illicit firearms have been seized to date. The absence of a key law to regulate the manufacture, acquisition, and possession of firearms in Ukraine, as well as the lack of a central state register of firearms among citizens, makes it difficult to distinguish between legal and illegal arms trafficking in the country. This, in turn, hinders the implementation of effective measures to control and block illegal arms flows (Martyniuk Reference Martyniuk2017).
Despite the fact that Ukraine recognizes and combats corruption, this problem still remains relevant. Therefore, anti-corruption measures are only increasing every year. Criminal liability for corruption is determined by a set of laws and regulations that provide for criminal sanctions and appropriate penalties for persons who commit corrupt acts. Corruption is a serious social crime that undermines trust in the government, violates equality and justice in society, damages the economy, and threatens national security.
Domestic criminal legislation demonstrates the lack of a systematic approach to understanding corruption crimes and liability for them. For example, corruption acts are not grouped into a special section of the Criminal Code of Ukraine, which can be considered reasonable and appropriate, given how corruption permeates many sectors of society. In addition, the law does not clearly define the concept of a corruption crime, and its essence is revealed by listing all possible actions that can be considered corrupt in Article 45 (Verkhovna Rada of Ukraine 2001).
Thus, the legislator in Ukraine has created a conditional section of corruption crimes, which can be divided into two main groups. The first group includes such acts as:
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• Misappropriation, embezzlement, or seizure of property through abuse of office (Article 191 of the Criminal Code of Ukraine);
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• Stealing, misappropriation, extortion of firearms, ammunition, explosives or radioactive materials, or obtaining them by fraud or abuse of office (Article 262 of the Criminal Code of Ukraine);
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• Stealing, misappropriation, extortion of narcotic drugs, psychotropic substances or their analogs, or obtaining them by fraud or abuse of office (Article 308 of the Criminal Code of Ukraine);
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• Stealing, misappropriation, extortion of precursors or obtaining them through fraud or abuse of office (Article 312 of the Criminal Code of Ukraine);
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• Theft, misappropriation, extortion of equipment intended for the manufacture of narcotic drugs, psychotropic substances or their analogs, or seizure of such equipment by fraud or abuse of office and other illegal actions with such equipment (Article 313 of the Criminal Code of Ukraine);
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• Violation of the established rules for the circulation of narcotic drugs, psychotropic substances, their analogs or precursors (Article 320 of the Criminal Code of Ukraine);
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• Abduction, misappropriation, extortion of documents, stamps, seals, obtaining them by fraud or abuse of office or damaging them (Article 357 of the Criminal Code of Ukraine);
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• Theft, misappropriation, extortion by a serviceman of weapons, ammunition, explosives or other munitions, vehicles, military and special equipment or other military property, as well as their acquisition through fraud or abuse of office (Article 410 of the Criminal Code of Ukraine).
These acts, in particular, can be classified as corrupt, taking into account the persons who commit them, according to Article 18 (parts 3, 4) of the Criminal Code of Ukraine and the note to Article 364 of the Criminal Code of Ukraine.
The second category of criminal acts classified as corruption includes corruption crimes, which include only an unlawful corruption component:
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• Misuse of budgetary funds, budget expenditures or provision of loans from the budget without the established budgetary allocations or in excess of them (Article 210 of the Criminal Code of Ukraine);
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• Bribery of an employee of an enterprise, institution, or organization (Article 354 of the Criminal Code of Ukraine);
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• Abuse of power or official position (Article 364 of the Criminal Code of Ukraine);
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• Abuse of authority by an official of a legal entity of private law, regardless of its organizational and legal form (Article 364-1 of the Criminal Code of Ukraine);
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• Abuse of authority of persons providing public services (Article 365-2 of the Criminal Code of Ukraine);
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• Acceptance of an offer, promise or receipt of an unlawful benefit by an official (Article 368 of the Criminal Code of Ukraine);
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• Illegal enrichment (Article 368-2 of the Criminal Code of Ukraine);
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• Bribery of an official of a legal entity of private law, regardless of the organizational and legal form (Article 368-3 of the Criminal Code of Ukraine);
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• Bribery of a person providing public services (Article 368-4 of the Criminal Code of Ukraine);
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• Offering, promising, or giving an unlawful benefit to an official (Article 369 of the Criminal Code of Ukraine);
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• Abuse of influence (Article 369-2 of the Criminal Code of Ukraine).
In the course of the anti-corruption reform, criminal liability for corruption offenses was significantly strengthened. Specifically, new constructions of corruption offenses were included in the Special Part of the Criminal Code of Ukraine. Criminal liability was also strengthened in terms of types and measures of sanctions, the inadmissibility of applying certain provisions to persons convicted of corruption was established, and the scope of other criminal law measures was expanded.
A significant number of corruption offenses have additional penalties in the form of loss of the right to hold certain positions or engage in certain activities. In cases where this type of punishment is not provided for in the sanction of a particular article, the court may impose it if the circumstances of the case and the nature of the crime, in particular due to the official position or connection with certain activities, do not allow the convicted person to retain this right (part 2 of Article 55 of the Criminal Code of Ukraine).
Some articles related to corruption may provide for the possibility of simultaneous imposition of two additional penalties: loss of the right to hold certain positions or engage in certain activities; as well as confiscation or imposition of a fine (Article 364 of the Criminal Code, Article 368-2 of the Criminal Code).
Nevertheless, the analysis of the current legislation of Ukraine indicates that there have been significant achievements in creating a legal framework for fighting corruption. However, despite these achievements, there are certain gaps and black spots in the legal provisions that require attention. For example, the Criminal Code of Ukraine does not have a special chapter devoted exclusively to corruption offenses. Instead, corruption offenses are scattered across different chapters of the code, making them difficult to identify and understand. For example, corruption-related crimes include Articles 191, 262, 308, 312, 313, 320, 357, and 410 of the Criminal Code, but there is no clear generalized category for all these crimes. In our opinion, it would be advisable to create a separate chapter in the Criminal Code of Ukraine that would consolidate all corruption offenses. This would facilitate better understanding and application of the law, as well as increase the effectiveness of the fight against corruption.
It should also be noted that the legislation does not contain a clear definition of a corruption crime, which may lead to different interpretations and application of the rules. This creates a risk of legal uncertainty and the possibility of avoiding liability (Striltsiv Reference Striltsiv2022). In particular, Article 45 of the Criminal Code of Ukraine simply lists possible actions that may be considered corrupt instead of providing a clear definition. To address this issue, a clear definition of a corruption crime should be developed and incorporated into the legislation. Such clarity will help to avoid ambiguous interpretation and ensure unambiguous application of the law.
It is important to note that although anti-corruption reforms have included increased criminal liability for corruption offenses, the sanctions are not always adequate to the gravity of the crime. For example, some articles of the Criminal Code do not provide for confiscation of property or prohibition to hold certain positions, which could be an effective tool to prevent recidivism (Nykyforov Reference Nykyforov2023). In this context, it is advisable to consider expanding the sanctions for corruption crimes, including mandatory confiscation of property, prohibition to hold certain positions, and other preventive measures, which will create an effective system of deterrence and prevention.
The next point that should be noted is related to the legal regulation of restrictions on receiving gifts. The problem is related to the ineffective implementation of these legal provisions. For example, Article 24 of the Law of Ukraine On Prevention of Corruption, when determining the procedure for civil servants to act in the event of an offer of an unlawful benefit or gift, despite private interests, among other things, provides for such a requirement as to notify the immediate supervisor in writing of the offer. However, the legislation does not establish a mechanism for applying such rules. In this regard, we support the proposals of scholars on the need to adopt a separate regulatory act that should clearly regulate the procedure for implementing the provisions of Article 24 of the Law of Ukraine On Prevention of Corruption in terms of registering relevant notifications of the facts of receipt (offer of receipt) of gifts by public officials (Nalyvaiko and Savchenko Reference Nalyvaiko and Savchenko2017; Shymon Reference Shymon2020; Verkhovna Rada of Ukraine 2014b).
In the context of martial law, certain provisions of anti-corruption legislation need to be revised, in particular: first, it concerns restrictions on combining with other activities of a certain category of persons related to mobilization; clarification of certain evaluative terms contained in the Law of Ukraine On Prevention of Corruption, namely hospitality, gifts that meet generally accepted notions of hospitality, sports judging practice, and sports instructor practice. Second, legal regulation needs to be improved in the area of liability for illegal actions in relation to humanitarian aid.
In general, the state should create a transparent system for receiving humanitarian aid and funds, and for using them (Nalyvaiko Reference Nalyvaiko2022). This system should also include an open platform that will allow control over the use of humanitarian aid and funds spent. In this regard, the issue of digitalization, and the creation of anti-corruption electronic platforms and systems should be a further direction for improving the state anti-corruption policy and legislation in this area (Bilenko Reference Bilenko2023)
In our opinion, the introduction of these changes will help to increase the effectiveness of the fight against corruption in the defense sector, ensure transparency and accountability, and strengthen Ukraine’s national security.
Thus, criminal liability for corruption in the defense sector is an important component of the fight against abuses and violations in the field of national security. This responsibility involves strict measures to ensure efficiency and prevent violations in an important area that includes defense, military equipment, military activities, as well as weapons and ammunition. States shall exercise strict control over activities in the defense sector, including mechanisms for detecting, investigating, and prosecuting violations. Sanctions for corrupt practices in the defense sector may include severe penalties, including imprisonment and confiscation of property.
In addition, an effective fight against corruption in the defense sector involves reforming legislation, strengthening control and transparency in procurement, enhancing the culture of law and order among the military and service personnel, and promoting international cooperation and exchange of experience to effectively prevent and combat corruption in this critical area.
Conclusion
Ukraine pays considerable attention to the fight against corruption, including the establishment of specialized bodies that investigate corruption cases and ensure that perpetrators are brought to justice. In addition, Ukraine has adopted a number of anti-corruption laws and reforms aimed at reducing corruption in various areas of society. These measures include the establishment of the National Anti-Corruption Bureau, the Anti-Corruption Court, the introduction of electronic systems for declaring the income of public officials, and many others. Criminal liability for corruption offenses is also being improved to more effectively stop corruption and punish those responsible.
Overall, criminal liability for corruption is an important component of the fight against this negative phenomenon. It helps to create a deterrent to those who violate the law and abuse their powers in favor of personal interests. The interconnection between corruption and other crimes in the defense sector is an integral part of the current problem that can seriously undermine national security and the effectiveness of the defense system. Corruption in the defense sector creates a favorable environment for the development of other crimes that can significantly harm the state and society as a whole.
First of all, corrupt practices in defense can lead to the unavailability or insufficient quality of equipment and military hardware, and violation of safety requirements and standards, which paves the way for accidents and technical malfunctions. This can lead to the loss of lives of military personnel and citizens, threats to national security, and even the ability to defend its interests against external threats.
In addition, corruption in defense facilitates the illegal trafficking of weapons, ammunition, and other equipment. This can support illegal armed groups, terrorist organizations, and criminals, threatening the stability and security of the country. Criminal networks that include corruption in the defense sector can be used to finance terrorist activities, drug trafficking, smuggling, and other criminal acts, exacerbating threats to national and global security.
Thus, corruption in the defense sector can be a catalyst for other crimes that affect the stability, security, and development of the country. The effective fight against corruption in defense is of strategic importance for ensuring national security, saving lives of citizens, and ensuring stability in international cooperation. Criminal liability for corruption in the defense sector appears to be an integral part of the strategy to combat extremely important violations in the field of national security. This responsibility implies the implementation of strict measures aimed at improving efficiency and preventing violations in an important segment that includes the defense sector, military equipment, military activities, as well as weapons and ammunition. States closely monitor activities in this important sector, actively using mechanisms to detect, investigate and prosecute violations. Sanctions for corrupt practices in the defense sector can include serious penalties, including imprisonment and confiscation of property.
Competing interests
None.