INSTITUTIONAL CAPACITY OF THE NATIONAL AGENCY ON CORRUPTION PREVENTION AS A BASIS FOR PREVENTIVE ANTI-CORRUPTION CONTROL UNDER CONTEMPORARY SECURITY CHALLENGES

Abstract

The article provides a comprehensive study of the institutional capacity of the National Agency on Corruption Prevention (hereinafter – NACP, the Agency) in the context of contemporary security challenges and the transformation of Ukraine’s public administration system. It is substantiated that the institutional capacity of the NACP should primarily be understood as a legal category encompassing the normative certainty of powers, organizational autonomy, and the actual functional ability of the institution to implement preventive anti-corruption control under crisis conditions. It has been established that traditional approaches to assessing institutional effectiveness through staffing or organizational criteria do not allow for a full evaluation of the ability of anti-corruption institutions to function under martial law and within an unstable security environment. The evolution of the legal status of the NACP from its establishment in 2014–2016 to the current stage of its functioning is analyzed. The influence of European integration processes, Ukraine’s international anti-corruption obligations, and domestic public demand on the formation of a preventive anti-corruption model of state control is examined. Particular attention is given to the consequences of the 2020 decision of the Constitutional Court of Ukraine, which temporarily restricted a number of the NACP’s control powers and demonstrated the dependence of the effectiveness of the preventive anti-corruption mechanism on the stability of the regulatory environment. The study substantiates that the full-scale armed conflict has significantly affected the operational environment of the NACP. It is determined that classical financial control procedures designed for conditions of stable state functioning have proven to be partially unadapted to the realities of martial law. Based on the analysis of legislation, academic sources, and the practical activities of the NACP, the key regulatory problems are identified, including the absence of statutory time limits for lifestyle monitoring procedures, insufficient normative certainty of the confidential declaration mechanism, and procedural difficulties in international cooperation related to the verification of assets located in foreign jurisdictions. It is proved that despite existing regulatory limitations, the NACP has demonstrated an ability to functionally adapt by strengthening its analytical activities in the fields of defense procurement, corruption risk assessment, and international cooperation. It is emphasized that further improvement of the legal regulation governing the Agency’s activities should take into account the necessity of adapting preventive mechanisms to crisis conditions while ensuring a balance between the effectiveness of anti-corruption control and procedural guarantees of declarants’ rights.