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CITATIO N
Yumatov Bogdan Olegovich. (2025). Anti-corruption monitoring within the
framework of the model legislation of the commonwealth of independent
states. The American Journal of Political Science Law and Criminology,
7(03), 7
–
https://doi.org/10.37547/tajpslc/Volume07Issue03-02
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Anti-corruption
monitoring within the
framework of the model
legislation of the
commonwealth of
independent states
Yumatov Bogdan Olegovich
A postgraduate student of the scientific and educational Anti-Corruption
Center of the Law Enforcement Academy of the Republic of Uzbekistan
Abstract:
This article examines the development and
role of anti-corruption monitoring within the framework
of the Model Legislation of the Commonwealth of
Independent States (CIS). It traces the evolution of this
mechanism from its absence in early model laws to its
comprehensive regulation in the Model Law "On Anti-
Corruption Monitoring". The article highlights its
significance as a systematic, scientifically grounded
mechanism for assessing anti-corruption policies and
other significant elements. This article suggests
leveraging CIS model laws to strengthen national anti-
corruption frameworks.
Keywords:
Anti-corruption monitoring, Commonwealth
of Independent States, CIS, corruption, model law,
model legislation.
Introduction:
Corruption is a persistent issue that has
been a part of social and governmental development for
thousands
of
years.
Without
the
necessary
collaboration between government and civil society
institutions, as well as effective anti-corruption
measures, corruption can become a significant threat to
the efficient operation of political, economic and other
governmental mechanisms, as well as the credibility of
governmental authority. Corruption undermines public
confidence in state institutions, law enforcement
agencies and the judicial system. It erodes people's trust
in justice, fairness and the rule of law, leading to social
inequality and other harmful consequences that
negatively impact society and the state. This issue has
become increasingly significant and alarming.
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Realizing the potential negative consequences that
could arise from the absence or insufficiency of timely
and coordinated anti-corruption measures, many
states are increasingly paying closer attention to anti-
corruption policy, striving to develop and implement
anti-corruption strategies, programs and plans. This
approach should be considered as one of the
international anti-corruption standards, as the
development and subsequent implementation of an
effective and coordinated anti-corruption policy is a
mandatory requirement for states that are parties to
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 [1]. Taking into account
this conventional requirement, it should be noted 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 should
be used to address these tasks.
Anti-corruption monitoring is a relatively new type of
monitoring. The fundamental beginning of the
scientific understanding of monitoring (as a general
phenomenon) dates back to the mid-1950s of the 20th
century [2, p. 42]. The beginning of its widespread use
dates back to the second half of the 20th century [3, p.
14]. On the international stage, one of the first official
mentions of this tool was the speech by Canadian
climatologist and meteorologist R.E. Munn in 1972
during the United Nations Conference on the Human
Environment [2, p. 42].
Initially, the monitoring tool was applied in fields
related to the environment and various natural
phenomena and disasters, as humanity began to
realize the need to track the state of the environment
and the changes caused by human activity. Monitoring
was originally used in ecology, soil science,
meteorology and biology. Later, its scope expanded to
sociology, cultural studies, psychology, pedagogy,
economics, management theory and other fields.
Nowadays, it is quite difficult to identify areas of
human activity where monitoring is not used, which
allows us to understand that this tool is universal for
many areas of both scientific knowledge and practical
application.
Scientific
conceptualization
of
anti-corruption
monitoring was initiated at the beginning of the 21st
century [4]. Subsequently, this tool received support
and scientific development in the publications of various
authors [5; 6; 7; 8; 9]. In addition to scientific vision, anti-
corruption monitoring has also been reflected in the
model acts of the Model Legislation of the
Commonwealth of Independent States [10; 11; 12],
closer attention to which will be paid within the
framework of this article. The main focus should be on
how anti-corruption monitoring was formed and
developed.
METHODS
Model legislation often falls within the scope of
scientific interest for many researchers [13; 14; 15; 16;
17], the topic of anti-corruption research is no exception
[18; 19; 20], including among researchers in Uzbekistan
[21].
This study employs both general scientific methods
(dialectical, systematic, content analysis, comparison)
and specific methods (formal-legal, comparative-legal,
system-structural, descriptive-analytical).
RESULTS AND DISCUSSION
Since its foundation in 1991, the CIS has continued to
carry out large-scale activities, including those aimed at
combating corruption. Anti-corruption is an integral
part of the interstate system for combating crime in the
CIS [22]. One of the priority areas in combating
corruption has been the development of model laws,
which, in our opinion, play a crucial role in ensuring
effective anti-corruption cooperation. These documents
serve as recommendations for CIS member states and
contain ready-made mechanisms that can later be
successfully adapted to the specific conditions of each
country. To date, model legislation has been developed
on many key issues.
By Resolution № 13
-4 of April 3, 1999, the Model Law
"On Combating Corruption" [23] was adopted.
However, this document did not contain any direct or
indirect references to anti-corruption monitoring.
By Resolution № 22
-15 of November 15, 2003, the
Model Law "Fundamentals of Legislation on Anti-
Corruption Policy" [24] was adopted. This document not
only defines anti-corruption monitoring - understood as
the observation, analysis, assessment and forecasting of
corruption offenses, corruption-inducing factors and
the implementation of anti-corruption policies - but also
includes a dedicated Article 15. This article outlines the
procedure for conducting the main types of anti-
corruption monitoring, their financing, the purpose of
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their results and identifies the subjects and objectives
of this activity.
This article states:
- Anti-corruption monitoring includes monitoring of
corruption, corruption-inducing factors and measures
for implementing anti-corruption policy.
- Monitoring of corruption is conducted to ensure the
development and implementation of anti-corruption
programs through the observation of corruption
offenses and the individuals who commit them, their
documentation,
document
analysis,
surveys,
experiments, data processing, assessment and
interpretation of indicators reflecting corruption
prevalence.
- Monitoring of corruption-related crimes, corruption-
inducing factors and measures for implementing anti-
corruption criminal policy is mandatory.
- Monitoring of anti-corruption policy measures is
carried out to assess the effectiveness of such
measures, including those implemented through anti-
corruption programs. This is achieved by observing the
outcomes of measures aimed at preventing,
suppressing and holding individuals accountable for
corruption offenses, as well as measures for
compensating damage caused by such offenses. The
process involves analyzing and evaluating the data
obtained from these observations and developing
forecasts regarding the future state and trends of the
relevant measures.
- The results of monitoring anti-corruption policy
measures serve as the foundation for developing an
anti-corruption program at the appropriate level.
This act also defines the goal of anti-corruption policy
as reducing the level of corruption and ensuring the
protection of the rights and legitimate interests of
citizens, society and the state from corruption-related
threats. This is to be achieved through monitoring
corruption-inducing factors and the effectiveness of
anti-corruption policy measures, as well as by
promoting
the
realization
of
citizens'
and
organizations' rights to access information about
corruption cases and corruption-inducing factors and
their free coverage in the media.
Additionally, one of the priority areas of international
cooperation in the field of anti-corruption policy was
stated to be the conduct of anti-corruption research.
The monitoring of corruption offenses as a whole and
their specific types, as well as the publication of reports
on the state of corruption and the implementation of
anti-corruption measures, are considered as measures
for preventing corruption offenses. Special attention in
the law is given to reports on the state of corruption
and the implementation of anti-corruption policies.
By Resolution № 31
-20 of November 25, 2008, a new
edition of the Model Law "On Combating Corruption"
[25] was adopted. Within this document, anti-
corruption monitoring was proposed to be understood
as the observation, analysis, assessment and forecasting
of corruption offenses, corruption-inducing factors, as
well as the implementation of plans, programs and
strategies for combating corruption.
The organization of anti-corruption monitoring was
defined as one of the state's powers in the field of
combating corruption. Ensuring the analysis of
corruption-related crime and the exchange of
information between states on anti-corruption
measures were identified as key tasks of international
anti-corruption cooperation. The publication of reports
on anti-corruption measures and their results was
established as one of the anti-corruption measures.
Additionally, certain processes of anti-corruption
monitoring were specified as components of the
competencies of national anti-corruption bodies,
specialized anti-corruption units and the General
Prosecutor's Office.
By Resolution № 37
-12 of May 17, 2012, the Model Law
"On Anti-Corruption Expertise of Normative Legal Acts
and Draft Normative Legal Acts" [26] was adopted.
However, this document does not contain any direct or
indirect references to anti-corruption monitoring.
The most comprehensive coverage of anti-corruption
monitoring within the framework of CIS model
legislation was provided through the specialized Model
Law "On Anti-Corruption Monitoring" [27], adopted by
Resolution № 39
-21 on November 29, 2013.
This act is aimed at regulating legal, organizational and
other public relations that arise in the process of
organizing and conducting anti-corruption monitoring.
The definition of this measurement tool was expanded
to include a scientifically grounded, comprehensive and
systematic activity carried out by authorized entities
and participants to collect, summarize, analyze and
assess information regarding the effectiveness of anti-
corruption legislation and state anti-corruption
measures. It also covers the state of law enforcement
practices in the field of combating corruption, the
perception and assessment of corruption levels by civil
society institutions and citizens, as well as activities
related to conducting anti-corruption expertise of
normative legal acts.
This Model Law also includes provisions that outline the
legal foundations, goals and objectives, principles,
subjects (their competencies) and participants (their
activities), objects, information support, planning,
presentation of results, their consideration and
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application, as well as aspects of control and oversight
over the organization and implementation of anti-
corruption monitoring. Additionally, it establishes
liability for violations of legislation in this field.
The goals of anti-corruption monitoring include
assessing the effectiveness of the legal system in
combating corruption, systematizing and improving
existing anti-corruption legislation and ensuring the
development and implementation of anti-corruption
programs.
The tasks of anti-corruption monitoring include:
- Identifying corruption-inducing factors in normative
legal acts and draft normative legal acts;
- Assessing the effectiveness of the implementation of
normative legal acts in the field of combating
corruption and their individual provisions;
- Providing law-making entities with objective
information on trends and needs in the legal regulation
of public relations in the field of anti-corruption;
- Creating conditions for increasing the transparency of
government agencies, including enhancing the
participation of civil society institutions in the
development and implementation of anti-corruption
decisions by state authorities;
- Providing authorized state bodies and their officials
with information on the scale and trends of corruption,
as well as the effectiveness of nationwide anti-
corruption measures.
According to this Model Law anti-corruption
monitoring is based on the following principles:
legality; mandatory implementation; transparency;
systematic
planning;
objectivity
and
comprehensiveness; accuracy and completeness of the
information provided for anti-corruption monitoring;
cooperation between the entities and participants of
anti-corruption monitoring.
This Model Law defines the following as objects of anti-
corruption monitoring:
- Draft normative legal acts;
- Normative legal acts, their structural parts, as well as
public relations related to the implementation of
normative legal acts;
- Law enforcement acts of state and non-state bodies;
- Decisions of the Constitutional Court, courts of
general jurisdiction and courts handling economic
disputes;
- Law enforcement practices related to the
identification, prevention and investigation of
corruption offenses.
In addition to the aforementioned Model Law, by
Resolution № 39
-22 of November 29, 2013, the
Recommendations on Conducting Anti-Corruption
Monitoring in CIS Member States [28] were adopted.
These recommendations include provisions addressing
the grounds for conducting anti-corruption monitoring,
the content of its main stages, requirements for its
organization and implementation, as well as its key
indicators.
In particular, anti-corruption monitoring should be
conducted based on a unified system of indicators. The
indicators used in the process of anti-corruption
monitoring must meet the following general
requirements:
- They must be sufficient for an objective assessment of
the effectiveness of executive authorities, other state
bodies, local self-government bodies, their officials and
organizations in combating corruption;
- They must allow for tracking and analyzing the
characteristics and trends of law enforcement practices,
as well as for promptly identifying existing issues in the
field of anti-corruption efforts;
- They must ensure the accuracy and reliability of
information transmission between anti-corruption
monitoring entities, as well as enable data verification;
- They must allow for the correct comparison of anti-
corruption monitoring results based on territorial,
departmental and other criteria without introducing
additional indicators;
- They must provide a sufficient basis for assessing the
level and scale of corruption in the state and for
determining the effectiveness of political and
institutional decisions made in the field of anti-
corruption.
These general requirements may be specified and
supplemented by national legislation on anti-corruption
monitoring.
The necessity for the further systematic and
coordinated
development
of
anti-corruption
cooperation among CIS countries led to the adoption of
the Agreement on Cooperation of CIS Member States in
Combating Corruption [29], signed by the heads of CIS
member states on October 14, 2022. One of the main
tasks of the cooperation was defined as the
development and implementation of a coordinated
policy, joint programs and measures for conducting
anti-corruption monitoring. Additionally, the exchange
of anti-corruption monitoring results was identified as
one of the key areas of cooperation.
Anti-corruption monitoring has not yet taken its place
among the most widely used anti-corruption tools in the
legislation of the specified CIS countries. In the Russian
Federation, attention to this type of monitoring is given
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within the framework of regulatory legal acts of federal
subjects, as well as at the municipal level. In
Kazakhstan, this anti-corruption tool is addressed in an
order issued by the Chairman of the Anti-Corruption
Agency of the Republic of Kazakhstan, as well as in an
article of the anti-corruption law. In Kyrgyzstan, there
is a government directive regarding anti-corruption
monitoring. Provisions related to monitoring are also
reflected in the anti-corruption law of the Republic of
Tajikistan, while in Uzbekistan’s legislation, this tool is
mentioned only fragmentarily [30], without any
specifics
regarding
the
mechanisms
of
its
implementation, which undoubtedly hinders the full
utilization of the potential of this diagnostic tool. It
would be incorrect to state a complete lack of study of
corruption as a threat in Uzbekistan. However, the
activities currently carried out by authorized entities in
this area are not without shortcomings and appear to
be fragmented and unsystematic. This undoubtedly
hinders the full utilization of this type of monitoring, as
well as the acquisition of the most realistic information
regarding the state of corruption in the country, its
level and areas of prevalence, the causes and
conditions contributing to its spread and the
effectiveness of implemented and already completed
anti-corruption measures and initiatives. Despite the
advisory nature of the model laws mentioned above,
their provisions can be used in developing Uzb
ekistan’s
own National Model of Anti-Corruption Monitoring.
CONCLUSION
The analysis of anti-corruption monitoring within the
framework of the Model Legislation of the
Commonwealth of Independent States reveals its
evolution as a critical tool for combating corruption
across member states. From its initial absence in early
model laws, such as the 1999 Model Law "On
Combating
Corruption,"
to
its
detailed
conceptualization and regulation in the 2013 Model
Law "On Anti-Corruption Monitoring", this mechanism
has progressively gained recognition as an essential
component of effective anti-corruption policy. The
article highlights that anti-corruption monitoring
serves as a scientifically grounded, systematic activity
aimed at assessing the effectiveness of legal
frameworks, tracking corruption trends, identifying
corruption-inducing
factors
and
enhancing
transparency and public trust in governance. The
adoption of supporting documents, such as the
Recommendations on Conducting Anti-Corruption
Monitoring in CIS Member States (2013) and the
Agreement on Cooperation of CIS Member States in
Combating Corruption (2022), underscores the CIS's
commitment to fostering coordinated anti-corruption
efforts.
However, despite these advancements, the practical
implementation of anti-corruption monitoring remains
uneven across CIS member states. While countries like
Russia and Kazakhstan have incorporated it into specific
regulatory frameworks, others, such as Uzbekistan,
exhibit a fragmented approach with limited legislative
speci
ficity, impeding the tool’s full potential. This
disparity suggests a need for greater harmonization and
adaptation of model legislation to national contexts. For
Uzbekistan, in particular, leveraging the provisions of
CIS model laws could facilitate the development of a
robust National Model of Anti-Corruption Monitoring,
addressing current shortcomings in systematic
corruption
assessment
and
policy
evaluation.
Ultimately, the success of anti-corruption monitoring
hinges on its consistent application, supported by clear
legal mechanisms, inter-state collaboration and active
engagement with civil society, ensuring it becomes a
cornerstone of efforts to reduce corruption and
strengthen governance across the region.
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