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INTERNATIONAL LEGAL FRAMEWORK OF CORRUPTION
AND ITS IMPORTANCE IN UZBEKISTAN TO REFORM
GOVERNMENTAL MANAGEMENT POLICY
Sayfullayeva Binafsha Sirojiddinovna
Student of the Faculty of International law and comparative legislation
e-mail: studentoftsulviolet@gmail.com
A.Xujanazarov
Teacher of Tashkent state university of law, (PhD).
E-mail: a.xujanazarov@tsul.uz
Annotation:
Building a society free of corruption is a matter of urgency
in
today’s
world. Because corruption hinders development in all areas of the
state. Today, almost all sectors: medicine, education, politics, and the social
sphere suffer from corruption. However, it should be noted that significant
changes in public policy in recent years have led to a decrease in corruption.
That is why it is important to prevent corruption at every level of public policy.
In doing so, it relies primarily on international legal norms. Therefore, this
article discusses the international legal framework for corruption in the
reform of public administration in Uzbekistan.
Key words:
corruption, convention, sustainable development goals,
United Nations, anti-corruption, reform
The United Nations Convention against Corruption
UNCAC [1] is the first truly global anti-corruption treaty that defines a
“common
language”
[2] for the anti-corruption movement. It was adopted
by the United Nations General Assembly (UNGA) on 31 October 2003 and
opened for signature in Merida, Mexico on 9-11 December 2003. UNCAC
entered into force two years later, on 14 December 2005. The number of
highly signed and ratified documents reflects the broad international
consensus on UNCAC. This consensus was not only between states, but also
between the international private sector and civil society.
‘The
adoption of the United Nations Convention against Corruption
makes it clear that the international community is committed to preventing
and controlling corruption. It warns the bribe-takers that betrayal of the
people's trust will no longer be allowed ... The adoption of a new Convention
would be a remarkable achievement. But
let’s
be clear: this is just the
beginning.
–
Kofi Annan [3].
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The United Nations Convention against Corruption is the only legally
binding universal document to combat corruption. The comprehensive
approach of the Convention and the binding nature of its many provisions
make it a unique tool for developing a comprehensive response to the global
problem. The Convention covers five main areas: preventive measures,
criminalization and law enforcement, international cooperation, asset
recovery, technical assistance and information exchange.
The Convention covers many different forms, including bribery,
coercion, abuse of office, and various acts of corruption in the private sector.
A key aspect of the Convention is the introduction of a special chapter on the
return of assets aimed at returning the assets to their rightful owners,
including the countries in which they were illegally seized. Most of the
member states of the United Nations are parties of the Convention.
Corruption and governance
As Alexander Gillespie pointed out, "good governance" became the of
the international community. It is not necessary to give a full description of
good governance to contribute to this [5]. At the same time, corruption
undermines specific values that encompass the concept of good governance,
such as transparency and the rule of law. International anti-corruption
documents often point to good governance values [7]. The inclusion of anti-
corruption measures in a broader good governance system reflects a high
level of consensus on the harmful social impact of corruption. Effective
governance measures to combat corruption can take many forms.
For example, requiring officials to disclose their personal positions is
one of the most acceptable approaches to prevent inappropriate behavior.
The Iraq war revealed the close ties between Halliburton, a private military
firm, and Dick Cheney, a former U.S. vice president under the Bush
administration who served as Halliburton's chief executive for several years
[8]. Halliburton has benefited from important security agreements for the
U.S. government in Iraq and elsewhere, sometimes without open tenders. As
a public company, Halliburton is required to disclose certain information in
accordance with its securities regulations [9]. In addition to regulating
securities for positions held in non-government companies, other disclosure
requirements may be required to encourage transparency in potential
conflicts of interest.
Financial transparency obligations imposed not only on companies but
also on politicians can be one of the useful approaches to help shed light on
the close links between politics and business that can lead to corruption.
Legal attempts to prevent a potential conflict of interest can take many
forms. Requiring politicians or high-ranking civil servants to disclose their
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current or previous positions provides transparency. This is a
‘management’
approach in which transparency is assumed to lead to a form of self-
regulation. Another option is a
“regulatory”
approach, in which the
legislature replaces meta-rules that enhance transparency with meaningful
rules. This may include a direct ban on holding (certain) public and private
positions at the same time.
Thus, UNCAC urges States Parties to endeavor to establish measures
and systems that require public officials to submit declarations to the
relevant authorities, in particular their external activities and employment,
that could lead to a conflict of interest in their functions. as government
officials [10]. The fact that UNCAC negotiators did not make this a
mandatory condition may seem like a missed opportunity. Mandatory
disclosure of positions held simultaneously in the public and private sectors
will significantly enhance the prevention of corruption not only in
developing countries but also in developed countries. There is no similar
provision in the OECD Convention, although the risk of a conflict of interest
in transnational business operations it covers is significant. Like UNCAC,
[11] the OAS Convention requires states to develop standards of conduct for
public functions [12]. Similarly, under the AU Convention, States Parties
undertake to develop a draft code of conduct for public officials and to
establish a div to oversee its implementation [13]. Going beyond these
efforts, the CoE published a Model Code of Conduct for Public Officials [14],
which stipulates that the Code of Conduct becomes an integral part of a civil
servant’s
contract [15]. This does not require public officials to announce
other positions in the private sector, but rather to resign from any external
position that
“does
not adequately or impede the performance of their
duties as public
officials”
[16]. In addition, if an official wishes to hold certain
(unspecified) positions outside the civil service, he or she must notify or
seek the approval of his or her supervisor [17].
Sustainable Development Agenda and Corruption:
Corruption ranks high in the doctrines of human rights and
development. The 2015 2030 Agenda for Sustainable Development of the
United Nations General Assembly calls on all states to
“significantly
reduce
all forms of corruption and
bribery”
and return all stolen assets by 2030.
[18] in their official contributions to the order, the bodies of the Treaty on
Human Rights.
“Mismanagement
of resources and corruption have been
identified as barriers to the allocation of resources to support equal
rights”
[19]. Indeed, countries with high levels of corruption have a poor human
rights record. For example, the countries with the lowest rankings in
Transparency International's Corruption Perceptions Index in 2017 are
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Syria, South Sudan and Somalia, all of which have major human rights
concerns.
Uzbekistan on the path of reforms
In Uzbekistan, the fight against corruption has also become a priority
of public policy. This can be seen in the conceptual documents adopted in
recent years in this area, as well as in the example of administrative reforms
aimed at preventing corruption. In particular, the National Action Strategy
for the five priority areas of development for 2017-2021, adopted at the
initiative of the President of our country, plays an important role in
increasing the effectiveness of the fight against corruption [21].
In his speech on the occasion of the 26th anniversary of the adoption
of the Constitution of the Republic of Uzbekistan, President Mirziyoyev
proposed to establish special committees to combat corruption under the
chambers of the Oliy Majlis, based on best international practices and
legislative requirements of our Constitution.
In 2019, the Legislative Chamber of the Oliy Majlis passed a resolution
"On the establishment of the Committee on Judicial Issues and Combating
Corruption of the Legislative Chamber of the Oliy Majlis of the Republic of
Uzbekistan" [22].
In the same year, the Senate of the Oliy Majlis established the
Committee on Judicial Issues and the Fight against Corruption. More than 70
anti-corruption regulations in all areas of state and society building have
provided a solid foundation for these reforms.
The most important step in this direction was the signing of the Anti-
Corruption Law as one of the first stes of legislation since the President came
to power. The law, passed in 2017, defines a number of concepts, such as
“corruption”,
“corruption
offenses”
and
“conflict
of
interest”.
The direction
of public policy in the fight against corruption has also been identified [24].
The State Program on Combating Corruption for 2017-2018 was also
adopted. Adopted under the program "On Public Procurement", "On Public-
Private Partnership", "On Dissemination and Use of Legal Information", "On
Public Oversight" These laws are also aimed at ensuring economic growth
through the fight against corruption [6].
According to Transparency International's Corruption Perceptions
Index 2020, Uzbekistan has risen 7 places compared to 2019 and has
achieved steady growth for 4 consecutive years (from 17 points in 2013 to
26 points in 2020). That is why Transparency International recognized
Uzbekistan as one of the fastest growing countries in the region in its 2020
report.
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However, despite the results achieved, we still have huge tasks ahead
of us. In his Address to the Oliy Majlis, the President also touched upon the
problem of corruption and stressed that intolerance of any form of it should
become a part of our daily lives.
REFERENCES:
1.
Michael Kubiciel,
‘Core
Criminal Law Provisions in the United
Nations Convention against
Corruption’
(2009) 9 International Criminal
Law Review 139, 140; Philippa Webb,
‘The
United Nations Convention
against Corruption: Global Achievement or Missed
Opportunity?’
(2005) 8
Journal of International Economic Law 191, 193.
2.
Antonio
Argandoña,
‘The
United Nations Convention against
Corruption and Its Impact on International
Companies’
(2007) 74 Journal of
Business Ethics 481, 482. Certain international instruments, however, refer
to the serious moral concerns about corruption, such as the Preamble to the
OECD Convention.
3.
United Nations Convention against Corruption, opened for signature
31 October 2003, 2349 UNTS 41 (entered into force 14 December 2005)
Foreword
(‘UNCAC’).
4.
Rafael Di Tella and Robert MacCulloch,
‘Corruption
and the Demand
for Regulating
Capitalists’
in Susan Rose-Ackerman (ed), International
Handbook on the Economics of Corruption (Edward Elgar, 2006) 352, 352
–
5. T
5.
Jan Wouters and Cedric Ryngaert,
‘Good
Governance: Lessons from
International
Organizations’
in Deirdre M Curtin and Ramses A Wessel (eds),
Good Governance and the European Union: Reflections on Concepts,
Institutions and Substance (Intersentia, 2005) 69.
6.
Nicolas Meiseil and Jacques Ould Aoudia,
‘L’Insaisissable
Relation
entre
“bonne
gouvernance”
et
développement’
[The Elusive Connection
between
‘Good
Governance’
and Development] (2008) 59 Revue
économique
1159; Brigitte Pereira,
‘Ethique,
gouvernance et
corruption’
[Ethics, Governance and Corruption] (2008) 34(186) Revue
française
de
gestion 53.
7.
UNCAC Preamble:
‘the
principles of proper management of public
affairs and public property, fairness, responsibility and equality before the
law and the need to safeguard integrity and to foster a culture of rejection of
corruption’;
OECD Convention, Preamble:
‘Considering
that bribery
…
raises
serious moral and political concerns, undermines good
governance’
8.
Demetri Sevastopulo,
‘Halliburton
Scandal Widens after Claims of
Pressure to Award Lucrative
Contracts’,
Financial Times (online), 11
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November 2004; Dana Milbank,
‘Halliburton,
the Second-Term
Curse?’,
The
Washington Post (online), 9 November 2004
9.
2 See Securities and Exchange Commission, Public Companies:
https://m.investor.gov/i
10.
UNCAC art 8.5
11.
Article 8 of the UNCAC merely requests that states parties
‘endeavour
to
apply’
codes of conduct for public officials
12.
OAS Convention art III.1.
13.
AU Convention art 7.2.
14.
Committee of Ministers, Council of Europe, Recommendation No R
(2000)10 on Codes of Conduct for Public Officials (11 May 2000) app
(‘Model
Code of Conduct for Public
Officials’).
15.
Ibid art 2.2.
16.
Ibid art 15.1.
17.
Ibid arts 15.1, 15.2.
18.
Transforming Our World: The 2030 Agenda for Sustainable
Development, GA Res. 70/1, 25 September 2015, Points 16.4, 16.5.
19.
Human Rights Treaty Bodies, Contributions to the 2030 Agenda for
Sustainable Development, May 2016, at 7.
20.
For the human rights situation, see Amnesty International Report
2016/17 (2017).
21.
Decree of the President of the Republic of Uzbekistan
“On
the
strategy of further development of the Republic of
Uzbekistan”.
07.02.2017.
#PD-4947.
22.
Resolution of the Legislative Chamber of the Oliy Majlis of the
Republic of Uzbekistan
“On
the establishment of the Committee on
Combating Corruption and Judicial
Issues”.
14.03.2019. #PD-2412-III.
23.
Resolution of the Senate of the Oliy Majlis of the Republic of
Uzbekistan
“On
the establishment of the Committee on Combating
Corruption and Judicial
Issues”.
25.02.2019. #JR-513-III.
24.
Decree of the President of the Republic of Uzbekistan
“On
additional measures to improve the anti-corruption system in the Republic
of
Uzbekistan”
29.06.2020. #PR-6013.
25.
Sobirova
Н.
“Topical
Issues of International Cooperation in the
Field of Countering Computer
Crimes”.
Society and Innovation, vol. 2, no.
9/S, Oct. 2021, pp. 399-05, doi:10.47689/2181-1415-vol2-iss9/S-pp399-
405.
