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Mechanisms for effective anti-corruption in Central Asia
Bakhtiyor ARABOV
Oriental University
ARTICLE INFO
ABSTRACT
Article history:
Received April 2024
Received in revised form
15 May 2024
Accepted 15 June 2024
Available online
25 June 2024
The article puts forward views on the development of
effective mechanisms to combat corruption in Central Asia, in
particular, ensuring transparency in the adoption of laws and
decisions in civil society, increasing the role of e-government in
providing public services, and declaring property to prevent
conflicts of interest. Issues such as strengthening system control
are analyzed.
2181-
1415/©
2024 in Science LLC.
DOI:
https://doi.org/10.47689/2181-1415-vol5-iss3-pp200-204
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
corruption,
security,
national value,
civil society,
conflict of interests.
Markaziy Osiyoda korupsiyaga qarshi kurashishning
samarali mexanizmlari
ANNOTATSIYA
Kalit so‘zlar
:
korruptsiya,
xavfsizlik,
milliy qadriyat,
fuqarolik jamiyati,
manfaatlar to
‘
qnashuvi.
Maqolada
Markaziy
Osiyoda
korrupsiyaga
qarshi
kurashishning samarali mexanizmlarini ishlab chiqish, xususan,
fuqarolik jamiyatida qonunlar va qarorlar qabul qilishda
shaffoflikni ta’minlash, davlat xizmatlarini ko‘rsatishda elektron
hukumat rolini oshirish va manfaatlar to
‘
qnashuvining
oldini olish uchun mol-mulkni deklaratsiyalash nazoratini
kuchaytirish bo‘yicha masalalar tahlil qilingan.
1
First Vice-Rector for Youth Affairs and Spiritual Educational Work, Oriental University.
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Эффективные механизмы борьбы с коррупцией
в Центральной Азии
АННОТАЦИЯ
Ключевые слова:
коррупция,
безопасность,
национальная ценность,
гражданское общество,
конфликт интересов.
В статье выдвигаются взгляды на развитие эффективных
механизмов борьбы с коррупцией в Центральной Азии, в
частности, обеспечение прозрачности принятия законов и
решений в гражданском обществе, повышение роли
электронного
правительства
в
предоставлении
государственных услуг и декларирование собственности
для предотвращения конфликта интересов. Анализируются
такие вопросы, как усиление системного контроля.
The lack of development of legal and political culture in the society, the inefficient
functioning of state bodies, the weakness of civil society institutions, and the lack of strong
democratic traditions create a basis for the development of corruption.
Western researcher D.Sharp noted,
“
The intolerance of corruption in developed
countries is much higher, therefore the absence of conflict between the interests of the state
and civil society institutions is an indicator of the effectiveness of public administration
”
.
Today, corruption occurs in the construction, housing, communal economy, health care,
and education systems. Therefore, it is necessary to consider it an effective mechanism to
prevent corruption by strengthening public control of civil society institutions.
The German financial analysis company Noerr Consulting AG studied the anti-
corruption legislation of Central Asian countries in 2019. According to him, among the
countries of Central Asia, only Kyrgyzstan punishes firms (legal entities) for bribing officials or
other private companies. In Kazakhstan, only bribery of civil servants is punishable. The laws
of Turkmenistan and Uzbekistan do not provide for punishments for legal entities.
Foreign citizens are also punished for corruption in all countries. Foreigners accused of
corruption in third countries can be sentenced in all MO countries except Kyrgyzstan. In
Turkmenistan, a foreign citizen can be prosecuted if the offense is committed outside the
country, but is directed against the interests of Turkmenistan or against international
agreements that are part of Turkmenistan. In Turkmenistan, executive directors of companies
are punished with 50 to 100 times the minimum wage or imprisonment for up to 3 years for
bribery, for bribery
–
up to 5 years with confiscation of property, and for bribing an official
–
from 5 to 10 years.
Kazakhstan, Kyrgyzstan, and Uzbekistan have developed several measures to protect
the identity of whistleblowers who report corruption. In Kazakhstan and Kyrgyzstan,
monetary rewards are even given to persons who report bribery. Only in Turkmenistan, there
are no protections for whistleblowers who are not representatives of the authorities.
Emphasizing the special role of non-governmental non-profit organizations in the fight
against corruption, it can be noted that the recognition of the
“
third sector
”
as an effective
social force that can resist this helplessness is reflected in the UN Convention against
Corruption. In particular: Each state shall take appropriate measures in the fight against
corruption and, within the scope of its capabilities and by the basic principles of its domestic
legislation, the active participation of individuals and groups outside the state sector, such as
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civil society, non-governmental organizations and public organizations, in the prevention and
fight against corruption, will help.
The strengthening of the legal framework for the fight against corruption created an
opportunity for the active participation of the public, non-governmental non-commercial
organizations, and citizens in the prevention of this evil.
Public control is also an effective mechanism in the fight against corruption. Researcher
Y. Isomiddinov notes that there are the following problems in this regard:
“
State authorities
refrain from informing the public about the negative attitude towards public control; the lack
of sufficient motivation of citizens to participate in measures to prevent and fight against
corruption, the reasons for this are the mutual isolation of society and the authorities, legal
nihilism, complete distrust of the authorities; inertia based on a paternalistic type of political
culture
”
. Lack of responsibility for the stable future of their country; insufficient formation of
mechanisms for the participation of civil society institutions, primarily non-governmental and
non-profit organizations, in the prevention and fight against corruption. The permanent status
of civil society institutions hurts the country
’
s anti-corruption policy.
In our opinion, the following 4 influence mechanisms are important for the fight against
corruption.
First, the influence mechanism that encourages honest work. In this case, the following
principles are applied: decent salary, incentives for those who report corruption, and
appointment of honest people to high positions. It is precisely this aspect that is given priority
in Singapore
’
s experience.
Secondly, the mechanism of influence blocks the factors that create conditions for
corruption. In this case, it is desirable to reduce the human factor by providing public services
through information and communication technologies, using an electronic system for
recording violations, optimizing state control, conducting the appointment of public servants
on a competitive basis, and using the established transparent system of public procurement. In
our opinion, it is necessary to make the system established through the ARGOS system more
transparent and to think about the mechanism of
“
internal conversation
”
conducted by
enterprises and organizations. It is important to make it more transparent, to clarify the
evaluation criteria. In addition, it is advisable to limit the human factor in the process as much
as possible. Also, compliance with the rules of the public-private partnership established by
law, elimination of corrupt norms in normative legal documents, abolition of bureaucratic
obstacles for business activities, prevention of conflict of interests, and ensuring the
independence of courts play an important role.
Thirdly, the mechanism of educational influence against corruption is important. In this
case, it is appropriate to form an intolerant attitude towards corruption in the individual, to
raise the legal consciousness and culture of the population, and to carry out a religious and
educational call against corruption by our religious scholars. Only then can today
’
s politics, the
vaccine of honesty, cure the disease.
Fourth, the mechanism of the anti-corruption control system. In this case, strong public
control over state bodies and officials, the openness of the activities of state bodies,
accountability of officials to the people, non-governmental non-profit organizations that can
conduct professional research on corruption and
“
journalistic investigations
”
, corruption
cases remain
“
latent
”
prevention, ensuring the certainty of responsibility for corruption,
annulment of corrupt decisions, effective functioning of the
“
anti-corruption internal audit
”
system, which is constantly conducted in state bodies. In this regard, specific norms are being
developed in the legislation of the Republic of Uzbekistan. In particular, in Article 3 of the Law
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of the Republic of Uzbekistan
“
On Combating Corruption
”
(Conflict of interest
–
personal
(direct or indirect) interest affecting the proper performance of official or service obligations
of a person or
“
a situation in which a conflict between personal interest and the rights and
legal interests of citizens, organizations, society or the state is occurring or may occur) is a
conflict of interest
”
In June 2024, the Law of the Republic of Uzbekistan
“
On Conflict of
Interest
”
№ ORQ
-931 was signed. It is necessary to scientifically and analytically study the
working mechanism of this Law.
Article 79 of the Labor Code of the Republic of Uzbekistan states that
“
persons who are
close relatives or godparents (parents, brothers, sisters, sons and daughters, spouses, as well
as husbands)
–
parents, brothers, sisters and children of wives)
”
, provided that one of them is
directly subordinate to the other or serves under his control, it is forbidden to work together
in the same state enterprise. Conflict of interest can be avoided in the recruitment of civil
servants through this article.
The analysis shows that at present, strong legal foundations have been created for the
fight against corruption in the region. Governments rely on the capacity of various civil society
institutions,
primarily
civil
society
institutions,
to
eradicate
this
evil.
As R. Abramov rightly pointed out, to successfully fight against the dangers of corruption, it is
necessary to combine the efforts of the states and the "third sector" and to use the political-
legal, socio-economic and it is necessary potential of promotion and propaganda.
One of the anti-corruption mechanisms is the formation of a strong civil society that
stands up to this negative situation. In particular, the process of eliminating the causes of
corruption consists of building a modern, democratic legal state, and forming an effective
market economy and a strong civil society.
“
Civil inquiry
”
can be cited as an innovative mechanism of civil society institutions in
the fight against corruption.
“
Citizen inquiry
”
is essentially similar to
“
Journalistic inquiry
”
. Its
content and principles are very close to each other.
In our opinion,
“
Citizenship Inquiry
”
has many positive social features.
First
of all, today it is very important to determine the role of civil society in the fight
against corruption, which primarily depends on the organization of civil society institutions,
public organizations and the activities of active citizens who fight against corruption.
Secondly,
it serves to obtain information about the existing corruption cases and their
level in the region, regions, state administration bodies, and other organizations, and to form a
broad public opinion in this regard.
Thirdly,
through the innovative mechanism of
“
Civil Inquiry
”
, an opportunity will be
created to evaluate, analyze, and develop suggestions for further increasing the effectiveness
of the participation of civil society representatives in the process of citizen activism and public
control. All of them create a basis for the development of proposals and recommendations for
further improvement of the current legislation regulating the fight against corruption crimes.
One of the most urgent issues is to carry out the process of fighting corruption within
the framework of all layers of the population. In a word, it is equally important to prevent the
officials of the highest level of society from committing corruption crimes and to ensure that
the officials of the constitutional state bodies and institutions are held accountable for their
crimes. has been one of the Sikhs.
The 83
rd
goal of the development strategy envisaged the introduction of honesty
standards in the public service. In this regard, it was envisaged to create effective mechanisms
for the prevention of conflicts of interest in the public service, to ensure transparency in the
fight against corruption, and to expand public participation. In the 2022 State Program, the
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tasks of introducing a system for reporting and resolving conflicts of interest in the public
service are defined.
The 84
th
goal of the development strategy, was determined to identify sectors and
industries prone to corruption, to increase the effectiveness of the system for eliminating
corrupt factors, and to form an intolerant attitude towards corruption in society.
Another effective mechanism for fighting corruption is the development of a national
strategy for fighting corruption. Right now, the countries have adopted anti-corruption laws. It
is on this basis that programs or institutions are formed. However, this strategy is usually
short-term and long-term, five-year plans, if possible every two years, and the directions of
anti-corruption state policy and the stages of its implementation should be reflected in the
future. It is important that it clearly defines the coordination of the activities of various
institutions and organizations with the task of fighting corruption, carries out sociological
research related to determining the level of corruption, and includes monitoring the
effectiveness of anti-corruption measures. The national anti-corruption plan is updated every
two years.
If we observe the trend of the fight against corruption in the region as a whole, it seems
that seasonality is observed. If the head of state signs certain decrees or measures are taken,
then the issue of corruption becomes urgent. For example, after the establishment of an anti-
corruption political institute in Uzbekistan in 2020, efforts in this regard were revived at the
institute level. Over time, the activity of the agency is losing significant influence. Or, on the
initiative of the head of state of Kyrgyzstan, S. Japarov, an anti-corruption working council was
established in 2021. To date, his activities have not been demonstrated.
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