HEI Anti-corruption Compliance: Foreign Experience and Ukrainian Perspectives

HEI Anti-corruption Compliance: Foreign Experience and Ukrainian Perspectives

Within the framework of the project “Anti-corruption compliance in higher education: Foreign experience and national practice”, Association of Legal Clinics of Ukraine has prepared an analytical study that presents an overview of anti-corruption efforts in universities around the world and simple recommendations on how to fight corruption.

Central to the study is the concept of compliance. Compliance refers to the processes and controls by which an organization ensures that it follows policies, regulations, and laws. An effective compliance system requires each university to develop its own course based on its own needs and priorities. But universities may find it useful to consider the global experience with anti-corruption efforts.

The author of the study is Petro Steciuk, an expert of the project “Anti-Corruption Compliance in Higher Education: Foreign Experience and National Practice”

Expert evaluation of the study: Maria Tsypiashchuk

Literary editor: Yana Sobko

Download the analytical study

The preparation of the publication was made possible with the support of the American people through the United States Agency for International Development (USAID) and is the part of the Anti-Corruption Compliance in Higher Education: Foreign Experience and National Practice Project, which is implemented by the Association of Legal Clinics of Ukraine with the financial and expert support of the USAID Support to Anti-Corruption Champion Institutions in Ukraine (SACCI) Project

The opinions of authors expressed herein do not necessarily reflect those of the USAID or the U.S. Government

Top25 Corruption Risks in Higher Education

Top25 Corruption Risks in Higher Education

From June 2021 to February 2022, the Association of Legal Clinics of Ukraine had been implementing the project “Anti-corruption compliance in higher educational institutions: from identifying risks to overcoming them.” One of the directions of the project was the search and creation of a catalog of the most typical corruption risks in higher education.

For this purpose, the research group of the project:

  • analyzed open sources (registers (judicial registers, NACP registers, Prozorro systems, etc.), information from mass media, social networks, previous national and foreign research on corruption risks in higher education);
  • conducted a national survey of students of higher education institutions from all over Ukraine;
  • carried out in-depth monitoring and assessment of corruption risks in five pilot institutions of higher education according to the adapted Methodology developed by the National Agency for the Prevention of Corruption.

Corruption risks are defined both in the context of the legislation that directly regulates the issue of committing corruption and corruption-related offenses (the Law of Ukraine “On Prevention of Corruption”, relevant articles of the Code of Criminal Procedure, Code of Administrative Offenses of Ukraine), as well as additional norms that determine the rules of access to public information, implementation of public procurement, violations of election legislation, crimes against health and sexual freedom – in particular, sexual harassment. Sexual harassment is considered in this study as a complex problem that has signs of corruption risk, where intimate services or other types of harassment become the “currency” in the educational process. In the world, this phenomenon was also called “sextortion”.

Based on the results of the analysis, it was possible to form an expanded register, which includes 55 corruption risks in four main areas of higher education organization: educational process, scientific activity, administrative activity and partnership of higher education institutions with external partners (stakeholders).

Based on the expanded register, experts created a list of 25 corruption risks, which are the most typical for the modern system of higher education in Ukraine. For each risk, its context and manifestations, factors contributing to the emergence of the risk, potential strategic and corruption consequences of its occurrence, as well as examples of its implementation are described.

At the end of the study, recommendations to universities, the National Agency for the Corruption Prevention, and the Ministry of Education and Science of Ukraine regarding minimizing corruption risks in higher education are given, grouped by risk categories. The appendix provides examples of best practices for preventing or overcoming corruption risks, which the project team investigated during monitoring in five pilot universities.

Download TOP-25 Corruption Risks in Higher Education

The publication was made possible with the support of the American people and is part of the implementation of the project “Anti-corruption compliance in higher educational institutions: from identifying risks to overcoming them”, which is implemented by the NGO “Association of Legal Clinics of Ukraine” with the financial and expert support of the USAID’s Support to Anti-Corruption Champion Institutions Program, as well as expert and advisory support of the National Agency for the Corruption Prevention .

Legal Advisor for Combatants (Ukrainian)

Legal Advisor for Combatants (Ukrainian)

Litvak O.M. (Ed.) (2015) Legal Advisor for Combatants : Guide. Kiev: National Prosecution
Academy of Ukraine ser. “Defender of the Fatherland. Library of the Military Prosecutor “

The manual identifies the main military-political and military terms. Legal consultations were provided on the protection of the rights of the mobilized individuals, persons who returned from the zone of the ATO, as well as members of their families. Considered typical life situations, when defenders of the Fatherland needed legal assistance. A wide range of information resources has been processed for the search of real cases, cooperation with the All-Ukrainian Human Rights Organization “Yurydychna Sotnya”

The publication is aimed at helping mobilized individuals and individuals who have returned from the ATO zone, as well as members of their families. The materials contained in the guide will be useful for prosecutors, law enforcement officers, teachers, researchers, postgraduates and law students who
interested in the outlined topics.

 

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Typical Claims in the Activities of Legal Clinic (Ukrainian)

Typical Claims in the Activities of Legal Clinic (Ukrainian)

 Galai A.O.,  PipchenkoB.Yu., Muranova V.V. (2013)
Typical Claims in the Activities of Legal Clinic: Practical Guide. Kiev: STC
Legal Clinical Education (Legal Clinic)

The practical guide “Typical Claims in the Activities of the Legal Clinic” summarizes the experience of the legal clinic of the Institute of Public Security of the National Academy of Internal Affairs in preparing claims for human rights. In accordance with the agreements on the provision of legal advice, the legal clinic may use the materials of the cases for educational purposes decided without specifying personal data.

The materials of the practical manual are intended for a wide circle of readers and the main purpose of it is the legal enlightenment of the population and the provision of all available legal aid

 

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Methods of Protecting the Rights of Patients in Ukraine (Ukrainian)

Methods of Protecting the Rights of Patients in Ukraine (Ukrainian)

Galai V.O. (2008)  Methods of Protecting the Rights
of Patients in Ukraine. Practical Guide. Кiev.

The motivation for writing this manual was the large number of appeals from patients who had a desire to learn to defend their rights, but could not do it because of the lack of legal knowledge and accessible scientific and practical literature for the general public.
The book is the result of a peculiar balance between scientific and practical research by the author in the field of health protection and protection of patients’ rights. The idea of ​​creating a manual arose from the experience of human rights activities of a public organization”Kyiv Human Rights Alliance”, as well as experience of partner organizations protecting patients’ rights.
The publication includes the disclosure of a system of ways to protect the rights of patients, disclosed on the basis of analysis of real legal situations. The book will be useful to patients, doctors and lawyers practicing
protection of human rights.

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Counter Violence and Protection of Violated Rights of Citizens (Ukrainian)

Counter Violence and Protection of Violated Rights of Citizens (Ukrainian)

Galai A.O. , Hrytsyshyna L.G. (Ed.) (2008) Counter Violence and Protection

of Violated Rights of Citizens: Practical Guide. Kiev: Athika

The book is intended to assist in the protection of human rights and the rule of law in Ukraine.

On the basis of the current legislation and experience of the legal activity of the public organization “Kyiv Human Rights Alliance” and the legal clinic of the Educational and Scientific Institute, the training of Public Safety and Psychological Service of the Kyiv National University of Internal Affairs is being compiled by a selection of legal advice, bringing together the topics of the practice of violence. Each consultation will provide a detailed explanation of the rules of law and examples of legal documents that are necessary in bringing the case.

For the teacher, the student is a higher educational institution, a legal direction, a lawyer, all who want to know and protect their rights.

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