International Journal of Law And Criminology
61
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue02 2025
PAGE NO.
61-64
10.37547/ijlc/Volume05Issue02-13
Functional approach to understanding anti-corruption
monitoring
Yumatov Bogdan Olegovich
A postgraduate student of the scientific and educational, Anti-Corruption Center of the Law Enforcement Academy of the Republic of
Uzbekistan
Received:
24 December 2024;
Accepted:
26 January 2025;
Published:
28 February 2025
Abstract:
In this article, the author substantiates the purpose of anti-corruption monitoring as an integral
component of an effective and result-oriented anti-corruption policy. A systematic approach to understanding
anti-corruption monitoring made it possible to identify its structural elements, with particular attention given to
the functions of anti-corruption monitoring and various scholarly approaches to their interpretation and
classification. Additionally, the article presents the author's perspective on these functions.
Keywords:
Anti-corruption monitoring, systematic approach, monitoring functions.
Introduction:
Corruption is a phenomenon that has
accompanied social and state development for several
millennia. In the absence of the much-needed
consolidation of efforts between the state and civil
society institutions, as well as timely and essential anti-
corruption measures, corruption becomes an
increasingly serious threat to the effective functioning
of political, economic and other state mechanisms, as
well as to the authority of state power, acquiring ever
more noticeable, tangible and alarming dimensions.
Corruption undermines public trust in state
institutions, law enforcement agencies and the judicial
system. It erodes people's faith in justice, impartiality
and the rule of law. As a result, social inequality and
other detrimental phenomena emerge, negatively
impacting the development of society and state.
Nowadays, one of the most effective anti-corruption
mechanisms is the implementation of a consistent anti-
corruption policy by states. After all, this threat can
only be addressed through continuous and systematic
efforts [1, p. 278].
The development and implementation of an effective
and
coordinated
anti-corruption
policy
is a
requirement for State Parties of the UN Convention
against Corruption. In accordance with paragraph 3 of
article 5 of the Convention, each State Party shall
endeavor to periodically evaluate relevant legal
instruments and administrative measures with a view
to determining their adequacy to prevent and fight
corruption [2]. Taking into account this conventional
provision, it should be concluded that an accurate and
objective understanding of the current state of
corruption, its level, dynamics, characteristics, areas of
prevalence, development trends, factors contributing
to its emergence and spread within a country, the
effectiveness and efficiency of anti-corruption
measures and initiatives, as well as society's attitude
toward corrupt practices and the anti-corruption
efforts undertaken, must become a necessary
condition and an integral component for the planning,
development, organization, implementation and
coordination of an effective state anti-corruption
policy. In our view, anti-corruption monitoring is
intended to form such an understanding.
Scientific conceptualization of this mechanism was
initiated at the beginning of this century [3].
Subsequently, this tool received support and scientific
development in the research of many authors [4; 5; 6;
7; 8]. In addition to scientific conceptualization, anti-
corruption monitoring has also been reflected in the
provisions of the Model Legislation of the
Commonwealth of Independent States [9; 10; 11].
METHODS
Despite the availability of dissertation studies directly
devoted to anti-corruption monitoring [14; 15],
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
dissertation studies covering other types of monitoring
[16], monographic studies on anti-corruption
monitoring [17; 18; 19] and numerous scientific
publications on the subject [12; 21; 22; 23; 24], the
functions of anti-corruption monitoring were mostly
considered indirectly or fragmentarily or they were not
considered at all. It should be noted that there is
insufficient elaboration and accordingly the need for a
comprehensive study of this aspect, which means that
it is necessary to fill this gap.
This study employs both general scientific methods
(dialectical, systematic, content analysis, comparison,
classification) and specific methods (formal-legal,
comparative-legal,
system-structural,
descriptive-
analytical).
As one of the key methods, we would like to highlight
the system-structural method, which is often used in
the study of various types of monitoring [12, p. 110].
The application of this method allowed us to conclude
that anti-corruption monitoring includes the following
structural elements: objects; sub-objects; subjects;
participants; goals; objectives; principles [13]; stages;
functions.
This approach also made it possible to conceptualize
anti-corruption monitoring as a unified system
consisting of interconnected and complementary
elements, united by common goals. The coherence of
these subsystems enables the implementation of
essential functions required for monitoring activities.
We agree with the opinion of A.M. Slinkov, according
to which it is difficult to overestimate the importance
of such an element as monitoring functions in the
description of the monitoring system, since monitoring
functions directly reveal the content of this activity and
answer the question of what constitutes monitoring
activities [20, pp. 65 - 66]. Considering the above, in the
framework of this article we would like to pay close
attention to this particular structural element of anti-
corruption monitoring.
RESULTS AND DISCUSSION
According to I.V. Storozhenko, monitoring functions
should
include
the
following:
diagnostic;
communicative; regulatory; analytical; predictive;
information; correctional [15, pp. 15 - 16]. O.Y. Sigurova
believes that as a mechanism of economic security,
monitoring performs several functions, namely:
informational; diagnostic; analytical; predictive [14, p.
42]. We agree with the viewpoint of N.Yu.
Maslennikova and O.K. Slinkova, who assert that the
importance of monitoring is determined by the
functions it performs. These authors identify the
following functions: informational; analytical and
evaluative; controlling; predictive; system-forming [12,
pp. 113 - 114]. A.M. Slinkov identifies following groups
of monitoring functions. Considering monitoring as a
means of obtaining new scientific knowledge about
monitored objects and processes, the author lists the
following functions: cognitive; research; methodical.
Considering monitoring as a means of information and
analytical management support, the author identifies
the following functions: diagnostic; correctional;
motivational. At the intersection of these categories,
the author identifies functions such as information-
analytical and prognostic [20, pp. 66 - 67].
Considering the approaches outlined above, we would
like to consider our vision of anti-corruption monitoring
functions, but first of all, we should disclose what this
tool is. In our opinion, anti-corruption monitoring is a
comprehensive and interdisciplinary professional
activity undertaken by authorized entities of anti-
corruption policy. It aims to ensure continuous
observation, thorough processing, comprehensive
research, objective evaluation and substantiated
forecasting. This is achieved through the systematic
collection, processing, analysis, evaluation and
interpretation of information related to the actual state
of corruption, its level and dynamics of spread within a
country, specific forms and types of its manifestation,
causes of corruption (corruption-generating factors
and risks) and the outcomes of implementing anti-
corruption policies (strategies, programs and plans).
This activity is conducted based on a standardized
methodology with the participation of civil society
representatives.
Speaking about the essence or content of anti-
corruption monitoring, it can most concisely be
described as a combination of five fundamental
processes:
observation,
processing,
research,
evaluation and forecasting, applied to various objects
within the sphere of countering corruption.
Each of these processes includes subprocesses.
Specifically, observation involves the collection,
accumulation and storage of information. Processing
entails the organization and systematization of
information. Research consists of a comprehensive
study of patterns related to the monitoring object.
Evaluation involves comparing information against
predefined criteria or indicators. Forecasting entails
constructing possible future scenarios for the
development of the monitoring object and developing
proposals to minimize and / or eliminate identified
shortcomings.
For a deeper understanding of its essence and to
answer the question of what constitutes this type of
monitoring activity, attention must be directed to the
functional content of anti-corruption monitoring. The
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
foundation for the realization of all functions of anti-
corruption monitoring is the informational-analytical
(informational-research)
function,
as
its
implementation
encompasses
the
collection,
accumulation, storage, processing and analysis of
information essential for this monitoring tool.
Additionally,
the
functions
of
anti-corruption
monitoring include the cognitive (epistemological),
diagnostic, expert (consultative), methodological,
evaluative-comparative
(evaluative-contrastive),
correctional and prognostic (predictive) functions. It is
suggested to consider each function separately.
Informational-research function
, serving as the
foundation for realizing all other functions of anti-
corruption monitoring, is aimed at the collection,
accumulation, storage, processing, transmission and
research of necessary information related to the
monitoring object. This function enables the
identification of cause-and-effect relationships that
reflect the current state and potential future
development trends of the monitoring object.
Cognitive (epistemological) function involves the
search for and generation of new knowledge within the
framework of countering corruption by studying
patterns, trends, phenomena and processes related to
the monitored object. Diagnostic function is aimed at
the precise and timely identification and examination
of problematic areas and indicators, not only within the
current state of the object but also for predicting
potential deviations and their prompt localization,
neutralization, or elimination. Expert (consultative)
function consists in providing qualified assessments,
recommendations, conclusions and results obtained by
specialists who possess the necessary knowledge, skills
and expertise to conduct this type of monitoring.
Methodological function consists in the continuous
development and improvement of the methods, tools
and approaches used for conducting anti-corruption
monitoring. This function includes the creation of
tested standards, instructions, methodologies and
recommendations to ensure the further effectiveness
and efficiency of this type of monitoring. Evaluative-
comparative (evaluative-contrastive) function consists
in assessing and comparing the collected information
and obtained results with predefined criteria, expected
and/or desired outcomes, established standards and
initial assumptions. These data are essential for
identifying relationships and dependencies within the
monitored object, as well as for detecting and
determining the causes of various deviations.
Correctional function consists in developing and
implementing
scientifically
grounded
recommendations for addressing and eliminating
identified deficiencies in anti-corruption efforts. This
function involves adjusting strategic documents and
anti-corruption measures based on monitoring results
to enhance their effectiveness and efficiency.
Prognostic (predictive) function consists in forecasting
the development trends of the monitored object in the
short-term, medium-term and long-term perspectives.
CONCLUSION
Evaluation and monitoring mechanisms are an integral
part of state anti-corruption policy, as a targeted,
effective and efficient anti-corruption strategy is
impossible without timely, adequate and objective
measurement and subsequent assessment of
corruption levels, its areas of prevalence, as well as the
causes and conditions contributing to its spread.
Additionally,
these
mechanisms
assess
the
effectiveness of both implemented and ongoing anti-
corruption measures. Anti-corruption monitoring is
designed to address these tasks. Its essence can be
concisely described as a combination of five
fundamental processes: observation, processing,
research, evaluation and forecasting of corruption-
related phenomena. A deeper understanding of anti-
corruption monitoring requires an examination of its
functional structure, which includes the following
functions: informational-analytical (informational-
research), cognitive (epistemological), diagnostic,
expert (consultative), methodological, evaluative-
comparative (assessment-comparative), corrective and
prognostic (predictive).
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