Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
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Vol. 39, Nº 70 (2021), 696-715
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 15/07/2021 Aceptado el 20/09/2021
Combating corruption in the educational
sphere: Ukrainian experience
DOI: https://doi.org/10.46398/cuestpol.3970.41
Tetyana Kolomoyets *
Oleh Reznik **
Olha Bondarenko ***
Maryna Utkina ****
Alina Goncharova *****
Abstract
Based on expert estimates, 17% of corrupt practices are
committed in this area, and the authors identify the leading
causes of corruption in the educational sphere. The objective
is the non-recognition of teachers and lecturers as subjects of
criminal corruption oenses, low level of the labor expense,
inventory, and logistics management discrepancy in educational
institutions of dierent groups with modern educational methods.
Subjective reasons include the mutual “benet” of corrupt practices to all
participants in the educational process; disenchantment with the profession
due to burnout; certain aspects of mentality; the sense of impunity for
blackmailing oenses and receiving gifts. Regarding scientic research
methods, their branched complex and multilevel structure are proposed:
philosophical, empirical research, methods of theoretical cognition:
general logical methods, specic scientic methods. The principal means
to combat corruption in the educational sphere is preventive increasing
the level of labor expense in the academic sphere; improving the inventory
and logistics management of the educational institutions at all levels and
regions; avoiding the mutual “benet” to all participants in the educational
* Doctor of Legal Sciences, Professor, Dean of the Law Faculty, Zaporizhzhia National University,
Zaporizhzhia, Ukraine. ORCID ID: https://orcid.org/0000-0003-1101-8073. Email: t_deputy@ukr.
net
** Doctor of Legal Sciences, Associate Professor of the Department of Administrative, Economic Law and
Financial and Economic Security, Sumy State University, Sumy, Ukraine. ORCID ID: https://orcid.
org/0000-0003-4569-8863. Email: reznikoleg07@gmail.com
*** Candidate of Legal Sciences, Head of the Department of Criminal Legal Disciplines and Procedure,
Sumy State University, Sumy, Ukraine. ORCID ID: https://orcid.org/0000-0001-5611-8989. Email:
olya.tereschenko34@gmail.com
**** Candidate of Legal Sciences, Senior Lecturer of the Department of Criminal Legal Disciplines and
Procedure, Sumy State University, Sumy, Ukraine. ORCID ID: https://orcid.org/0000-0002-3801-
3742. Email: m.utkina@yur.sumdu.edu.ua
***** Candidate of Legal Sciences, Associate Professor of the Department of Criminal Legal Disciplines and
Procedure, Sumy State University, Sumy, Ukraine. ORCID ID: https://orcid.org/0000-0002-9815-
0394. Email: a.goncharova@yur.sumdu.edu.ua
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process and anti-corruption means (criminalization for all teaching and
research-pedagogical sta for the commission of the criminal oense).
Keywords: corruption; education; right to education; corruption
oences; anti-corruption management.
Lucha contra la corrupción en el ámbito educativo:
experiencia ucraniana
Resumen
Se identican las principales causas de la corrupción en el ámbito
educativo. El objetivo es el reconocimiento de docentes y conferencistas
como posibles sujetos de delitos de corrupción; bajo nivel de gasto laboral;
una discrepancia de gestión de inventarios y logística en instituciones
educativas de diferentes niveles con métodos educativos modernos. Las
razones subjetivas incluyen el “benecio” mutuo de las prácticas corruptas
para todos los participantes en el proceso educativo; desencanto con la
profesión debido al agotamiento; aspectos especiales de la mentalidad;
la sensación de impunidad por los delitos de chantaje y la recepción de
obsequios. En cuanto a los métodos de investigación empelados hay en la
investigación una estructura ramicada compleja y multinivel: losóca,
empírica, métodos de cognición teórica: métodos lógicos generales y
métodos cientícos especícos. Se concluye que, el principal medio
para combatir la corrupción en el ámbito educativo es el preventivo
aumentando el nivel de gasto laboral en el ámbito educativo; mejorar el
inventario y la gestión logística de las instituciones educativas en todos los
niveles y regiones; evitando el “benecio” mutuo a todos los participantes
en el proceso educativo y los medios anticorrupción (penalización de todo
el personal docente e investigador-pedagógico por la comisión del delito).
Palabras clave: corrupción; educación; derecho a la educación; delitos
de corrupción; gestión anticorrupción.
Introduction
Education is the basis of any society’s development (Kulish et al., 2016).
Education is the pinnacle event of facts, experiences, and thoughts acquired
throughout life. Education is the act or process of specic educational or
skills attainment for a profession, degree, level, or type of education. The
role and value of the right to education are so vital that it is enshrined at the
national and the international level. So, following Art. 26 of the Universal
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Combating corruption in the educational sphere: Ukrainian experience
Declaration of Human Rights, adopted and proclaimed in General Assembly
resolution 217 A (III) of 10 December 1948, everyone has the right to
education. Education should be free, at least in terms of elementary and
general education. Elementary education must be compulsory (Universal
Declaration of Human Rights, 1948).
A logical continuation of the legalization of the right to education
was its enshrinement in the International Covenant on Economic,
Social, and Cultural Rights. This international document denes the
content of everyone’s right to education and outlines measures for its full
implementation. The Covenant obliges States parties to take the following
necessary steps: 1) phase-in of free general education; 2) promotion of
general education by those who have not received elementary education; 3)
franchise development of schools at all levels, creating a satisfactory system
of scholarships and continuous improvement of the material conditions of
the teaching sta. Such itemization at the level of the international legal
document of obligatory measures has a positive value for ensuring access to
education in each member state (Melnychuk, 2015: 182).
The inclusion of the right to education became a “cornerstone” during
the adoption by the Council of Europe of the Convention for the Protection
of Human Rights and Fundamental Freedoms. This right was enshrined in
the Protocol to the Convention. The form of enshrining this right is quite
distinctive, as it diers from that usually used in international United
Nations instruments. The right to education is proclaimed negatively: “No
one can be denied the right to education” (European Convention on Human
Rights, 1950).
1. Methods
The selection of the correct methodology is one of the essential elements
of success in implementing scientic research. Regarding the methods
of scientic research, their branched complex and multilevel structure
are proposed. First of all, we used philosophical methods: analytical,
phenomenological, hermeneutic, and dialectical. There are three levels
in the construction of general scientic methods. The rst is the methods
of empirical research (descriptive, historical, abstraction, comparison,
generalization). The second level is represented by the forms of theoretical
cognition: ascent from the abstract to the concrete and hypothetical
deductive. The third level of general scientic methods is available logical
methods (system analysis; analysis and generalization; modeling; system-
structural method; abstract-logical and extrapolation). The last type of
method that we have used is specic scientic methods. In particular,
formal-legal, comparative, statistical, questionnaire).
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2. Results and Discussion
The importance of the right to education is conrmed by the fact
that in most countries it is enshrined not just at the legislative but at the
constitutional level. Per Art. 53 of the Constitution of Ukraine, everyone
has the right to education. The State ensures accessible and free pre-
school, complete general secondary, vocational, and higher education in
state and communal educational establishments; the development of pre-
school, complete general secondary, extra-curricular, vocational, higher,
and post-graduate education, various forms of instruction; the provision of
state scholarships and privileges to pupils and students. Citizens have the
right to obtain free higher education in state and communal educational
establishments on a competitive basis (Constitution of Ukraine, 1996). The
specied formulation of legislation of Art. 53 of the Basic Law qualied for
ambiguous understanding and forced 50 people’s deputies to apply for its
interpretation to the Constitutional Court of Ukraine.
The latter in its decision in the case № 1-4 / 2004 of March 4, 2004,
№ 5-RP / 2004 gave guidance on that the availability of education as a
constitutional guarantee of the right to education is based on the principles
of equality specied in the article 24 of the Constitution of Ukraine. It
means that no one can be denied the right to education, and the state must
create opportunities for the implementation of this right; free education as
a constitutional guarantee of the realization of the right to education means
the possibility of obtaining education in state and municipal educational
institutions without paying in any form for educational services dened
by law level, content, scope and within those types of education, free of
charge provided by Part 3 Art. 53 of the Constitution of Ukraine. Depending
on Part 2, Article 3. 53 of the Constitution of Ukraine, according to which
complete general secondary education is mandatory and free of charge, the
costs of ensuring the educational process in state and municipal secondary
schools are fully carried out on a legal framework out of corresponding
budget resources.
Free higher education means that a citizen has the right to obtain it per
the standards of higher education without paying in state and municipal
educational institutions on a competitive basis within the scope of training
for public needs (public order) (Judgment of the Constitutional Court of
Ukraine in case № 1-4 / 2004 of 4 March 2004 № 5-RP / 2004, 2004).
Common to the Basic Law of Ukraine and the constitutions of most
European countries is the establishment of a certain standard of education,
mainly the obligation to obtain a certain level of education, as well as the
prohibition of discrimination in the educational process on any of the
grounds (Pushkina, 2007). For example, in Art. 38 of the Constitution of
Armenia also enshrines the right of everyone to education, which in cases
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Combating corruption in the educational sphere: Ukrainian experience
established by law may be free (Constitution of the Republic of Armenia,
1995). According to Art. 27 of Georgia’s Constitution, everyone has the
right to receive education and choose its form. And elementary and primary
education is compulsory (Constitution of Georgia, 1995).
The approach of the Polish legislator to the restatement of the
right to education is quite interesting because of Part 2 of Art. 33 of the
Polish Constitution stipulates that women and men have equal rights to
education (Constitution of Poland, 1997). According to Art. 76 of the
Danish Constitution, all school-aged children have the right to receive
free elementary education. Parents or conservators who self-educate their
children or conservatives per the standards of general elementary education
may not be forced to send their children or conservatives to elementary
schools (Constitution of the Kingdom of Denmark, 1953).
Meanwhile, corruption distorts access to and implementation of this
right. According to experts, 17% of corrupt practices are committed in this
area. In general, it is the second most corrupt sphere of public life (The
state of corruption in Ukraine according to the population, business, and
experts, 2020). We are convinced that such statistics are impressive. The
damage is being caused to one of the most critical areas in which the nation’s
consciousness, culture, and education are taking place. Enforcement of the
right to education is a supposition for a person’s ability to enjoy many other
rights. However, in societies where corruption is widespread, there is a
high risk that the entire education system will be distorted. Children and
young adults are often exposed to corruption in schools and universities,
and classroom corruption is particularly harmful because it normalizes the
acceptance of corruption at an early age. When this happens, the central
role of the education sector - to teach ethical values and behavior – becomes
impossible. Instead, education contributes to the fact that corruption is
becoming the norm at all levels of society. Social trust is being destroyed,
and the development of countries’ stories is being sabotaged (Kirya, 2019).
In addition to acquiring corruption skills, the negative consequence of
corruption in education is acquiring an illiterate specialist (doctor, teacher,
engineer, lawyer, etc.) when it comes to higher education. Thus, the
development of society and the state in the absence of competent, qualied,
young professionals have somewhat illusory prospects (Damm, 2016). N.
Bukharina proposes to term the corruption in the educational sphere a
dangerous socio-legal phenomenon that occurs in public, municipal, and
private educational organizations and consists in the direct or indirect
appropriation of corporate or ocial opportunities, status in personal or
group interests to obtain benets, material, and intangible (Bukharina,
2016).
Corruption in the educational sphere is a type of corruption, but at
the same time, it has particular aspects. We propose to dierentiate such
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manifestations by levels of education into corruption in preschool, school,
and higher education. A detailed analysis of the expression of each group
is essential. Thus, when educating children in preschool institutions,
parents are often faced with the lack of vacancies in a particular preschool
institution and the need to pay improver advantage for “movement” in the
take-a-number system. Then corrupt practices are manifested throughout
the child’s education in such an institution and mainly consist of the need
to pay for constant repairs and the requirements of specic groups or the
whole institution. Moreover, the situation is complicated by the need to
“pay” for the child’s acceptance and constant gifts for nursery teachers and
the preschool administration.
The next level of education is school one. The role of school education
in the process of acculturation of the younger generation can hardly be
overestimated. But, unfortunately, this to some extent applies to the
education of young people in favor of corruption. Undoubtedly, in Ukraine,
to overcome this corruption manifestation, there is a system of electronic
submission of documents to a particular school or educative complex.
Besides, children should be admitted to a specic institution by territorial
aliation and only based on a lottery and other potential students. At the
same time, each technology can be bypassed if you bribe the director or
make him a valuable gift.
In general, a gift to teachers or school administration is a separate
manifestation of corruption. According to statistics, during the survey, 822
senior pupils and 314 parents, 32.1% of pupils (every third), and 22% of
adults conrmed the facts of fundraising for gifts to teachers. There must be
a big dierence between a natural gift and a gift paid by parents to teachers.
After all, the meaning of the gift is strained –a free-of-charge basis and self-
forgetfulness. Instead, grantors have another goal – to ensure the teacher’s
adherence to their child (Bubnov, 2014).
The gift to the teacher ceases to be symbolic, congratulatory, and
becomes frankly selsh. After all, modern schoolchildren began to present
household appliances and expensive utensils more often. In addition to the
answer options provided in the questionnaire, respondents also mentioned
paintings and jewelry, interior items, clothing and bedding, housework, and
dachas. Unfortunately, the widespread practice of such gifts to secondary
school teachers teaches each new generation of citizens to bribe. The
lessons of refundable relationships received in secondary school; her pupils
then carry into adulthood. According to an inquest of 684 people, more
than half (53.9%) of young people aged 16 to 30 are morally ready to oer
an improper advantage, and almost 45% – accept it. These results from the
negative acculturation of the younger generation in the family and school
(Bubnov, 2014).
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Also, there is a tendency to donate funds for “school renovation”,
“charitable contributions” for academic achievement. We want to note that
charitable contributions are not prohibited, but there is a particular process
of law for their payment. Firstly, the parents cannot demand them. After
all, donating money to charitable foundations is a voluntary matter, and
any request from the administration of the educational institution for such
payment is illegal. To donate or not to donate is an individual decision of
each parent.
Secondly, per the Procedure for receiving charitable (voluntary)
contributions and donations from legal entities and individuals by
budgetary institutions and establishments of education, health care, social
protection, culture, science, sports, and physical education for the needs
of their nancing dated August 4, 2000, № 1222 (Procedure for receiving
charitable (voluntary) contributions and donations from legal entities and
individuals by budgetary institutions and establishments of education,
health care, social protection, culture, science, sports and physical
education for the needs of their nancing, 2000) employees of educational
institutions do not have the right to take money from parents personally.
Thirdly, charitable funds are spent in areas designated by philanthropists,
i.e., parents. If they do not specify the directions of spending, the head of
the educational institution can do it by allocating charitable funds to the
priority needs related to the main activity.
And most importantly: philanthropists have the right to receive a report
on the application of their funds. Parents can even indicate in the receipt
the purpose of the money transferred to the kindergarten – for example,
“Funds for repairing the oor of a children’s preschool institution ...”. Such
a receipt, if necessary, will allow you to complain about the inappropriate
use of funds (Kostina, 2015).
School experience of corrupt practices, most commonly, is signicantly
supplemented during studying in the higher educational establishment.
It should be constituted that the corruption risks during the admission to
the higher educational establishment have decreased considerably with
the implementation of the external independent evaluation system, which
can be called an eective anti-corruption mechanism. At the same time,
the emphasis on corruption shifted directly to the educative process today
74.6% of respondents at universities have experienced crime, of which
23.3% - during the defense of qualifying papers, 22.9 % - when agreeing on
early delivery of the examination period or vice versa its withdrawal, 11.5%
- when obtaining permission to retake a particular subject. Hazardous is
the growing trend of corruption practices in the faculties where future legal
professionals are prepared (66.3% of law students participated in corrupt
practices) (Corruption in education: threats to the strategic development of
Ukrainian society, 2019).
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A student who receives an exam grade for money, not for knowledge,
involuntarily concludes that knowledge has no value. It reduces the
motivation to study and generates neglect of professional’s activities, both
one’s own and others. If I bought a diploma, why not do it to others? If
I’m not an expert, where are the guarantees that other people are? A
sane person at the age of 17-20 is always an idealist – this is a feature of
a youthful worldview – and lecturers who demand improper advantage
cause student’s contempt and cynical attitude, which often applies to the
educational establishment, all lecturers, and even the whole education
system. “Buying” grades and diplomas form the idea that money can buy
anything (Erikenov, 2018). Thus, the atmosphere of corruption in the
higher education system leads to a decrease in professional training, not
most minor, to the devaluation of morality and ethics. Moreover, this, in
turn, leads to the decomposition of society.
The current Law of Ukraine “On Higher Education” distinguishes three
levels of higher education: the rst (bachelor’s), second (master’s), and third
(educational-scientic / educational-creative) (Law of Ukraine “On Higher
Education, 2014). Considering this, corruption in the defense of a Ph.D.
thesis should be attributed not to scientic but to educational corruption.
The academic degree is prestigious for the owner because traditionally,
the owners of the academic degree were sought-after in universities and
research institutes. Today the situation has changed. The new privileged
class: politicians, government bureaucrats, and businesspersons, seeks to
acquire all honorable distinctions, both verbal and documented. To supply
a demand for academic degrees, dissertations are oered for sale. Our
society pays a much higher price for the existence of ctitious degrees and
not actual dissertations than those who buy these degrees. False degrees,
directly and indirectly, reduce the eciency of a socially-oriented economy
and harm the educational sphere and society as a whole (Osipyan, 2010). At
the same time, corruption at the third level of higher education is manifested
not only by the purchase of dissertations but also by postgraduate studies.
After all, there are many cases when the extortion of improper advantage
begins with admission to doctoral studies. Thus, some higher educational
establishments require funds for the “development of postgraduate training
program” or for the development of the department or appreciation for
approving the topic of the future inaugural dissertation. When the inaugural
thesis is ready, the candidate for a degree must “give a bribe” to many
people on the eve of the defense. Submission of the inaugural dissertation
to the specialized academic council requires the applicant to pay for
the “development of the council”, but for some reason not in domestic
currency, but in dollars and not through the box oce, but in envelopes.
The council chairman – from 300 to 1000 dollars, and the secretary of
the specialized scientic council – from 150 to 800 dollars. Reviewers and
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Combating corruption in the educational sphere: Ukrainian experience
opponents are not forgotten during the defense. If they are not paid, they
are fed, accommodated in hotels, paid for taxi rides, and given small gifts.
Almost 100% of higher educational establishments practice setting tables
for candidates for members of one-time councils in cafes, restaurants, less
often in canteens or departments of educational institutions (Hutsula,
2020).
One of the reasons for this approach to the conferment of scientic
degrees is the insignicant role played by the personal responsibility of
the dissertation advisor and opponents in deciding on the conferment of
scientic degrees. The reputation and career of none of them have suered
at any time in the history of modern Ukrainian science. Therefore, the
sense of impunity determines the continuation of youth education in such
conditions (Corruption Risk Rating of Institutions Awarding Degrees
in Economics, 2015). Of course, postgraduate degree seekers who have
undergone such procedures will want to return the money spent, and
secondly, will implement this model of work with their Ph.D. students. Both
the rst and the second factors will lead to a new circle of corrupt relations.
Also, corruption in the educational sphere is bribery during the
accreditation process. An educational institution that has been accredited
by providing an improver advantage to the representatives of the expert
group will graduate specialists with a lack of knowledge. By committing
such abuses, higher educational establishments dupe the public and
commit a criminal oense within the same institution, which will select
future students on a fair and objective basis (Harold et al., 2001).
Having revealed the main manifestations of corruption in the
educational sphere, we would like to analyze the causes of its occurrence.
Scientic sources suggest dierent approaches to outlining the cause of
corruption in this area. I. Goyuk considers them low salaries of teachers and
lecturers, insucient level of public control, low level of culture, insucient
punishment for corruption, mental peculiarities, underdevelopment of civil
society, low economic level, etc. (Goyuk, 2016).
Instead, A. Kovtun provides a more extensive list of causes of corruption
in the educational sphere. The scientist calls them the following: 1)
equivocation of anti-corruption legislation, the emergence of a discussion
on the possibility of applying the concept of “oce holder” to pedagogical
and scientic-pedagogical workers; 2) insucient remuneration that does
not correspond to the level of knowledge and competence of teachers and
lecturers; 3) obsolescence of material and technical base, especially in rural
areas; 4) reduction of the education value, when the purpose of obtaining a
diploma does not involve obtaining the relevant knowledge; 5) lack of desire
of students and pupils to study; 6) not the formation, but sometimes the
deformation of the legal culture of the young generation and their parents;
7) lack of good faith of individual teachers and lecturers who directly or
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vilely demand improper advantage; 8) lack of eective mechanisms to
prevent corruption in educational institutions; 9) a sense of impunity for
corrupt practices (Kovtun, 2015).
K. Babenko more systematically identies the causes of corruption
in education by identifying groups of such causes. The rst group is
represented by objective reasons: low wages, desire to enter a specic
specialty or educational program, equivocation, and conict of anti-
corruption legislation. The second group is subjective reasons: professional
burnout of teachers and lecturers; lack of respectful attitude on students
and pupils; natural latency of corruption practices. The third group includes
objective and subjective reasons: the person working out the corruption
costs incurred in connection with the employment of a teacher; lack of
proper social guarantees for education workers (Babenko, 2015).
After critically analyzing the positions of scientists, we believe that the
causes of corruption in the educational sphere are as following: objective
and subjective. To the objective, we propose to include: 1) non-recognition
of teachers and lecturers as subjects of criminal corruption oenses; 2)
low wages; 3) inconsistency of material and technical base in preschool
education institutions, schools, and higher educational establishments with
modern educational methods and technologies. Subjective reasons, in our
opinion, are 1) the mutual “benet: of corruption practices to both teachers,
lecturers, and parents of kindergartens, pupils and students; 2) frustration
in the profession due to burnout; 3) features of the mentality; 4) sense of
impunity for extortion and receiving improper advantage and gifts.
Identifying the cause of corruption in the educational sphere consistently
necessitates implementing specic countermeasures, which should be
divided into measures to prevent and combat. As to prevention measures,
the rst of them should be increasing the salaries of educators, teachers,
and lecturers. First, we would like to emphasize that education is designed
to guide the study of culture, shape behavior in adulthood, and guide
learners to the ultimate role in society. In the most primitive cultures, they
are often not limited to formal learning. Still, the whole environment and
all activities are often seen as schools and occupations, and many adults or
even all adults act as teachers. However, as society becomes more complex,
the amount of knowledge passed from one generation to the next becomes
greater than anyone can know. Therefore more selective and eective means
of transmitting culture must be developed. The result is formal education –
a preschool, school, university, and a specialist who will present particular
educational material in an accessible, objective, thorough and scientic
way (Graham, 1999). Thus, given the importance of the social role of the
specialist in the eld of education, his level of remuneration should be
equivalent.
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Combating corruption in the educational sphere: Ukrainian experience
At the same time, in Ukraine, the maximum salary for a teacher (teacher
of the highest category) is about 230 Euros. The compensation depends on
the position and surcharges for the degree and academic degree and status
for a research and teaching sta. For example, a Ph.D. is also about 240
Euros (Salaries of Teachers in General Secondary Education Institutions
Will Increase During 2021, 2020). Instead, a person working in education
in Slovakia usually earns about 2,310 Euros a month. The salary ranges
from 1110 Euros (lowest average) to 4220 Euros (highest standard, actual
maximum salary higher). This is the average monthly salary, including
housing, transportation, and other benets. Wages depend on the eld
of teaching and education. A person working as a teacher in Germany
usually earns about 2,830 Euros a month. The salary ranges from 1,300
Euros (lowest) to 4,500 Euros (highest). As for a teacher’s salary in the
higher educational establishment in Germany, it is approximately 4,500
Euros (Average Teacher Salary in Germany 2020, 2020). Thus, the level of
remuneration of pedagogical and scientic-pedagogical workers in Ukraine
is catastrophic, especially considering the importance of their work for
the education of the new generation. That is why we are convinced of the
importance of raising the level of wages of education workers to improve
their living standards, and therefore, reduce the level of corruption.
To implement this precautionary measure, per paragraph 6 of Article
61 of the Final Provisions of the Law of Ukraine “On Education” and Art.
36 of the Law of Ukraine “On scientic and scientic-technical activities”
the Cabinet of Ministers of Ukraine adopted a resolution of the Cabinet
of Ministers of July 10, 2019, № 822 “On remuneration of pedagogical,
scientic-pedagogical and scientic employees of the educational and
scientic institution”. It provides a gradual (until 2023) increase of the
lowest salary of these categories of employees to the level of 4 subsistence
minimums for non-disabled persons, as provided by the above legislation.
However, due to a lack of funding to implement this resolution in the state
and local budgets, it was suspended until January 1, 2022. The Ministry
of Education and Science is exceptionally interested in implementing this
resolution, as it complies with legislation and raises social standards and
state guarantees of living standards of educators (Issue of Raising Social
Standards For Education – One of The Priorities, 2020). At the same time,
we would like to note that, as a rule, legislative attempts to record the level
of wage growth in the legislation are unsuccessful, as was the case with the
salaries of judges and prosecutors. The state budget decit always postpones
the increase in wages. At the same time, we are convinced that the described
material improvement would reduce grassroots and situational corruption
in the educational sphere.
The following precautionary measure to reduce corruption in the
educational sphere is to improve the material and technical base.
Undoubtedly, the development of education systems is impossible without
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proper investment in the material and technical command of preschool,
general and higher education establishments. After all, it is the nancing
of the improvement of material and technological conditions that directly
determines the development of creative abilities, professionalism,
and the increase of the social status of each individual. It also aects
the reproduction of the intellectual and spiritual potential of society.
Thus, there is a contradiction when, on the one hand, there is a need to
increase the level of material and technical equipment of educational
institutions. Still, it requires broad public support for educational policy,
restoration of responsibility, and active role of the state in this area, deep
and comprehensive modernization of education with the allocation of the
necessary resources.
Development work on the material equipment should include:
computing of educational establishments, regardless of location, and the
implementation of information technology (multimedia equipment, smart
boards, etc.); creation of a subject-development environment with the
use of modern educational technologies and didactic materials; scientic
organization of work of teachers and heads of structural divisions, new
developments allowing to make work of the teacher and educational process
more eective; reduction of rebricks, emergencies, injuries; improving
the sanitary and epidemiological well-being of educational establishments;
spending optimization for the creation of security systems (Improvement of
Material and Technical Base, 2016).
Federal expenditure is the most critical source of funding for education.
And the good news is that national expenditure on education, as a percentage
ratio of total national expenditure, increased from 16.7% in 2018 to 17.3% in
2020. However, additional funding is still needed. Only 8 countries spend
more than 20% of federal expenditure on education. Some countries, such
as Pakistan, Guinea, the Central African Republic, and Georgia, generally
spend less than 10% on education. Also, in Ukraine, there is a tendency
to reduce the cost of nancing preschool education and direct most of the
costs of reforming general education and creating a new school (Domestic
and External Financing for Education, 2014).
The current situation with the budgetary nancing of the educational
sphere does not allow to be limited exclusively to public or local funds to
ensure the practical improvement of the material and technical base of
educational establishments. Providing commercial services somewhat
simplies this process for higher educational establishments, and the rest
of educational institutions are forced to apply for charitable contributions.
Finding the balance between public and private funding for education
has become a key challenge in reforming the education system in many
countries. In some countries, the share of non-government sources in the
nancing of educational institutions is in Japan – 57%; in the USA – 52 %;
in Canada – 39 %; in the UK – 38% (Hesse, 2013: 15).
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Combating corruption in the educational sphere: Ukrainian experience
To ensure transparency in the nancing of educational establishments
in dierent countries, new methods are being implemented. For example,
in South Africa, a ve-tier system has been developed to increase funding
for schools for the poorest. Several measures have been taken to ensure
that funding reaches the schools to which it is directly assigned, such as
implementing objective, informative, and targeted scoreboards. This system
plays an essential role in ensuring more signicant equity in education by
demonstrating lower school fees for children from the most impoverished
families in South Africa, thus giving them access to education.
In Brazil, the establishment of school food councils has reduced the
risk of food misappropriation and food fraud, which have been a severe
problem in the past. This result has been achieved by establishing a process
of continuous monitoring of programs and strict accountability on a regular
legal basis.
In the Indian state of Rajasthan, 28% of schools have information boards
available for public control. They are usually located on the school building
and provide essential information related to its day-to-day operation: the
panel displays all nancial ows, the presence of teachers, and so on. These
boards, available for public inspection, are now considered an essential
element of general monitoring. It also hosts public hearings, during which
people can report corruption practices or ask ocials to take appropriate
action (ETICO – Fighting Corruption in Education, 2020).
We believe that to improve the material and technical base in educational
establishments, it is necessary to: reform the approach to the distribution
of funds in education; develop new legislation that would eectively control
the spending of funds received as charitable contributions.
The third precautionary measure involves eliminating the mutual benet
of the corruption component during the educational process. To this end,
we believe it is essential to envisage a specic mechanism that educational
establishments can use to reduce corruption and reform the perception that
they are corrupt. This is a code of deportment for teachers and research and
teaching sta, administrative sta, and students; declarations of integrity
on publicly available websites, university “courts” hearing misconduct
cases, and annual reports informing the public about changes in the number
of detected cases of corruption practices. Conveyors of knowledge need
to know clearly what actions can be interpreted as corrupt. For example,
the Code of Deportment must decipher the legitimacy and set limits on
accepting gifts. Implementing such mechanisms could be a prerequisite for
educational establishments in countries that expect their diplomas to be
declared equivalent to those of European educational institutions or rely on
international partners’ support (Yukhachev, 2008: 112).
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Also, to eliminate the declarative of the proposed measures, it is necessary
to provide for the mandatory dismissal of an employee who has become the
subject of a corruption oense, based on paragraph 3 of Part 1 of Art. 41 of
the Labor Code of Ukraine, namely: the commission of an employee who
performs educational functions, and immoral misdemeanor, incompatible
with the continuation of this work (Labor Code of Ukraine, 1971). Thus,
corruption will be perceived as a corrupt, anti-social phenomenon, and
mutual interest in it will disappear.
We also believe that it is possible to overcome the mutual benet of
corruption through public control over educational activities, primarily by
parents, public organizations, academic control bodies (Nikulina, 2017).
The fourth precautionary measure is the prevention of educators’
burnout. In modern society, many socio-economic changes aect people’s
performance of their professional activities and attitude. The dierence in
a person’s attitude to his professional activity is especially noticeable if his
rating in society falls. As a result, mental and emotional stress increases, and
disturbances related to workplace stress appear more often (Kharlanova,
2015: 95). Psychologists describe burnout as a state of chronic stress that
leads to physical and emotional exhaustion, cynicism, alienation, and
feelings of ineciency and lack of achievement.
Pedagogical and scientic-pedagogical workers, as a rule, have high
successes, like to work hard, and are always looking for ways to improve.
These traits are commendable but can mean that teachers fall victim to
perfectionism and do not leave enough time to rest and recuperate. K.
Onstad argues that we live in a “cult of over fatigue”, and being a go-getter
is often noted as a virtue when it should not be. Quite often, lecturers forget
that they are more than their job. Although learning becomes part of their
personality, it is still essential to nurture other parts of the character that
require attention and care (Tapp, 2012).
A signicant part of teacher’s burnout professionally in 5-10 years. This
situation is due to high demands on work and lack of satisfaction with
the results of their activities (Arvidsson et al., 2019). The latter is because
getting a job in preschool, general or secondary education, a person wants to
share their knowledge, but often this knowledge is not needed by pupils and
students who know that they can get good grades without them, through
the same corruption component.
Prevention of burnout involves positive perception and self-perception;
development of social intelligence; participation in various public
organizations; search for friends of other professions; reading not only
professional literature; attempts to think positively and rationally.
Regarding measures to combat corruption in the educational sphere, our
priority is to implement administrative and criminal liability for all research
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Combating corruption in the educational sphere: Ukrainian experience
and teaching sta, not just ocials. After all, the current situation does not
provide for almost any, except for disciplinary liability, for example, for a
teacher at school, which requires illegal benets from parents to improve
the child’s performance. Also, the legislation does not contain any value
restrictions on the value of gifts for educators, teachers, and lecturers.
Implementing administrative and criminal liability for corruption and
corruption-related oenses for specic categories of persons will overcome
feelings of impunity and set an example for others. And, therefore, the
preventive function of criminal law will be performed appropriately.
Conclusions
Summing up, we would like to note that corruption in the educational
sphere is a dangerous socio-legal phenomenon that occurs in public,
municipal, and private educational establishments and consists in the
direct or indirect use of the position of ocial or ocial position, status in
personal or group interests. to obtain benets, advantages of tangible and
intangible nature.
Corruption in education has specic manifestations in preschool,
school, and higher education. It is determined that the causes of corruption
in education are objective and subjective. Objectives include 1) non-
recognition of teachers as subjects of criminal corruption oenses; 2)
low wages; 3) inconsistency of material and technical base in preschool
education institutions, schools, and higher educational establishments with
modern educational methods and technologies. Subjective reasons should
be recognized: 1) mutual “protability” of corruption practices to both
teachers and parents of kindergartens, pupils, and students; 2) frustration
in the profession due to burnout; 3) features of the mentality; 4) sense of
impunity for extortion and receiving improper advantage and gifts.
The main measures to combat corruption in education are prevention
measures (increasing the level of payment of education workers; improving
the material and technical base of educational establishments at all levels
and in all areas; eliminating the mutual benet of corruption for parents,
students, and education workers); prevention of burnout of employees in
the eld of education) and measures to combat criminal liability for all
pedagogical and scientic-pedagogical workers for criminal oenses in the
area of ocial activities and professional activities related to the provision
of public services and administrative oenses. Finally, we would like to
emphasize that to eradicate corruption in a particular area, it is necessary
to implement reforms at all levels, not in words but in deeds, to eliminate
the causes of corruption, not its consequences.
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