Survey: Corruption Remains Widespread In Ukraine’s Judicial System, MCC Reforms Viewed Positively

July 17, 2008 – U.S.  Ambassador William Taylor today participated in the official presentation of a survey that assesses the state of corruption in Ukraine’s Judiciary.  The effort is being supported by both the Government of Ukraine and the United States government through its Millennium Challenge Corporation (MCC) Threshold Country Program, which is a 2-year program aimed at reducing corruption in the public sector.   “To encourage stable economic growth, competition needs to be fair.  This can only be established by the rule of law, guaranteed by an unbiased system of legal adjudication – the court system.  Corruption compromises this system and the level playing field and as a result, stifles growth, slows the creation of new jobs and income,” explained U.S.  Ambassador Taylor.   The survey was conducted during the spring of 2008 and concentrated on the attitudes and experiences of corruption in the judicial system of four target groups: citizens and companies with recent experiences in court, as well as professional lawyers and prosecutors.   The widespread nature of corruption All surveyed groups unanimously perceive corruption to be widespread in the judicial system.  Of particular interest are opinions held by professionals (prosecutors, lawyers) with an insider’s view of the system: nearly a third of lawyers and prosecutors perceive corruption to be a common occurrence during all stages of court proceedings.  Another third (36-39%) point to the pre-trial and inquire stage as being of particular concern.  Moreover, 64% of lawyers and prosecutors in the survey report that the level of corruption in the judicial system has increased within the last year.   Experience of corruption It is typical for perceptions of the level of corruption to exceed the experience level of corruption.  Research in the judicial system indicates similar correlations: 19% of citizens and 37% of enterprises recently involved in court claims that they experienced corruption.  While significantly less than perception (above), these numbers still reflect a very frequency of corrupt acts.  Of note is the fact that companies experience twice as much corruption as individual citizens, likely related to the total monetary worth of the court cases.   Types of Corruption The most common corrupt practice for both citizens and enterprises is the abuse of personal connections, followed by extortion and voluntary bribery.  It must be noted, that companies proposition unofficial payments and (20%) and face extortion (21%) in equal amounts.   Anti-corruption measures of the Ukrainian government A majority of citizens and companies are critical of the government’s overall anti-corruption efforts: 70% of enterprises, 90% of experts (lawyers and prosecutors) and 74% of citizens believe them to be ineffective.  However, when asked about a reform supported under the Millennium Challenge Corporation-funded Threshold Country Plan, a unified court case registry, accessible over the internet, respondents were significantly more positive: between 45% (lawyers, prosecutors) and 67% (citizens) believe its introduction will decrease corruption.   Methodology and sample size: A quantitative standard survey of 2,004 citizens who participated, filed lawsuits or acted as defendants in court over the last year using the exit-poll method – with surveys conducted at the exits of local court buildings of different levels of jurisdiction.  A quantitative survey of the authorized representatives of companies who filed lawsuits or acted as defendants in court over the last year, involving 527 companies/enterprises from all regions of Ukraine.  Surveys of respondents were conducted at the exits of administrative courts and at the offices of lawyers and company directors.  One hundred eighty four lawyers took part in the survey held in all oblast centers of Ukraine, among them were independent lawyers, law firm employees as well as state employed lawyers.  The survey included 111 prosecutors; deputy prosecutors and employees of prosecutors’ offices (criminal-justice department, department of the state prosecution, investigation department) in all regional centers of Ukraine.  The survey was conducted by InMind, Kyiv. * * * Information about ACTION Project: Promoting Active Citizen Engagement (ACTION) in Combating Corruption in Ukraine Project implemented by the Management Systems International with the Support of the US Agency for International Development (USAID).  The Project is a two-year activity that supports non-governmental monitoring and advocacy on priority areas in combating corruption, focusing particularly on issues identified by the Government of Ukraine in its Millennium Challenge Corporation (MCC) Threshold Country Plan.