Problems of implementation of whistleblower institution in Ukraine

• Author: Serhii Ivanovych Khalymon, Mykhailo Serhiiovych Puzyrov, Anatolii Mykhailovych Prytula
• Pages: 436-454

Problems of implementation of whistleblower institution in Ukraine

Associate professor Serhii Ivanovych KHALYMON1

Associate professor Mykhailo Serhiiovych PUZYROV2

Associate professor Anatolii Mykhailovych PRYTULA3

Abstract

The article deals with the study of problems regarding prevention of corruption.

Based on the studies of national and foreign research papers, the authors proved that such

problems became the most urgent themes of modern scientific researches. The origin of the

concept of “corruption” was analyzed ; it has bee n stated that different approaches to the

definition of corruption are based on legal or normative aspects, and those based on social

aspects are different from those based o n the understanding of the public service and social

interests. It has been proved that one of the most effective tools for combating corruption in

the world is using whistleblowers. The main problems of whistleblowers implementation in

Ukraine were studied. It has been noted that Ukrainia n society ambiguously perceives the

whistleblowers institution. Rejec ting of corruption whistleblowers by the society negatively

affects the effectiveness of p reventing this phenomenon. The authors h ave analyzed so cial

and political problems co ncerning creation of an ti-corruption cou rt in Ukraine and its

possible positive influence on the effective process of combating corruption.

Keywords: prevention of corruption, national and foreign experience,

whistleblowers institution, social and legal protection of whistleblowers.

JEL Classification: K14, K42

1. Introduction

The problems concerning combating corruption has become the most

relevant topics of current studies. As Robert Williams noted “a stream of

publications about corruption now turned into a raging torrent”.4 The most

important tasks of legal science are to study this phenomenon, the history of its

origin, the analysis of the structural elements for combating, preventing and

forecasting as to this phenomenon. The experience of countries that have success in

the sphere of combating corruption can be useful to overcome this phenomenon in

Ukraine.

1 Serhii Ivanovych Khalymon - Doctor of juridical science, associate professor o f the Intelligence

Management Department of the Bo hdan Khmelnytskyi National Academy of the State Border

Guard Service of Ukraine, Khmelnytskyi, Ukraine, halik_chernigov@ukr.net.

2 Mykhailo Serhiiovych Puzyrov - Doctor of law, associate professor of the Chair of Criminalistics,

Criminal Execution and Criminology, Academy of the State Penitentiary Service, Chernihiv,

Ukraine, mpuzyrov@gmail.com.

3 Anatolii Mykhailovych Prytula - PhD in Law, associate professor, senior o fficer of Administration

of the State Border Guard Service of Ukraine, Kyiv, Ukraine, naprnu@i.ua.

4 Williams, R., Explaining corruption. Northampton, MA: Edward Elgar, 2000.

Juridical Tribune Volume 9, Issue 2, June 2019 437

Corruption not only leads to economic losses, causing the decrease in

quality of life, but also has a negative effect on the efficiency of the state

authorities, decreasing the efficiency of public management, worsening the

geopolitical situation of the country or even destroying the state as a sovereign unit.

The high degree of latency of corruption, its internal tendency to modify, the

“mimicry” concerning the changing social, economic, political and other

conditions in society and the state considerably complicate the combat against it as

a phenomenon that take place in many life aspects of modern Ukraine and its

citizens. It is proved empirically that countries with high levels of corruption have

low GDP per capita, and vice versa accordingly.5

To answer the question of what the term “corruption” means is very

difficult because, as some researchers note, “corruption is easier to recognize than

to define”.6

Some scholars even believe that to give a clear definition of corruption,

which would be generally accepted, is impossible in principle. Among the reasons

for this they call the cultural diversity of different societies. For example, the fact

which is perceived as a small bribe in one society, is allowed and even expected in

the other one according to the business practices of that culture. In addition, there is

no clearly defined range of actions that are recognized as corruption for all legal

systems (“the concept of appropriateness”).7

When studying the definition for term “corruption”, we should apply to the

etymology and semantics of it. Researchers have identified several variants for the

origin of the term “corruption”. Some of them believe that this term originates from

the combination of the Latin words “correi” (several participants of obliging

relations in regard to one subject) and “rumpere” (to break, deface, cancel). As a

result, the autonomous term “corrumpere” was formed, which includes

participation in the activities of several individuals whose purpose is “to pull back”

the normal course of the trial or the process concerning the management of public

affairs.8

The Henry Black Law Dictionary defines corruption as „an act that is

committed with the intent to provide some benefits that are incompatible with

duties of an official person and rights of others; acts of an official person who

5 Montinola, G. R., Jackman, R. W., Sources of corruption: A cross-country study, „British Journal of

Political Science” 32 (2001): 147-170.

6 Люїс, Ф. (Luis, F.), Світове явище (the World Phenomenon), Кур’єр ЮНЕСКО (корупція)

[Courier of UNESCO (corruption)], August 1996: 5.

7 Холмс, Л. (Holmes, L.), Корупція та криза в пост-комуністичних державах (Corruption and

Crisis in the Post-Communist States), Корупція у сучасній політиці / міжнародна конференція,

Велика Британія, 14-16 листоп. 1996 (Corruption in Contemporary Politics / International

Conference, UK, November 14-16. 1996) р., 7.

8 Колодкин, Л. М. (Kolodkin, L.M.), “Коррупция и деонтологические меры борьбы с

продажностью (“Бусидо” в Японии) (Corruption and Deontological Measures as to Combating

Against Corruptibility (“Bushido” in Japan)).” Коррупция в России: состояние и проблемы /

мат. науч.-практ. конф. (26-27 марта 1 996 г.). Мо сква: Московский инстит ут МВД России,

1996 (Corruption in Russia: state and problems / mat. scientific-practical conf. (M arch 26-27,

1996). Moscow: Moscow Institute of the Ministry of Internal Affairs of Russia): 86.