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Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023)
187
TRANSNATIONAL ORGANIZED CORRUPTION
AS A FACTOR OF SOCIAL INSTABILITY
OLENA YU. BUSOL
lenbusol@gmail.com
Doctor of Law, Professor,
Chief Researcher at the Interagency Research Center on Problems of Combating Organized Crime under the
National Security and Defense Council of Ukraine, Kyiv (Ukraine).
OLEKSANDR M. KOSTENKO
socnaturalist@gmail.com
Doctor of Law, Professor, Chief of Department of Problems of Law, Criminology and Court System of V.M.
Koretskyi Institute of Researcher at the Interagency Research State and Law of tne National Academy of
Sciences of Ukraine, Kyiv (Ukraine).
MYKHAYLO V. GUTSALYUK
mvgutsalyuk@ukr.net
Ph.D. in Law, Associate Professor. Chief Researcher at the Interagency Research Center on Problems of
Combating Organized Crime under the National Security and Defense Council of Ukraine, Kyiv (Ukraine).
OLGA A. KLYMENKO
ms-kl18@ukr.net
Ph.D. in Law, Associate Professor of Criminal Law and
Procedure Department, Faculty of Law, National Aviation University, Kyiv (Ukraine)
Abstract
The article examines the scale of involvement of Transnational Organized Criminal Groups
(TOCG) in committing acts of corruption, and their related criminal cooperation with
Transnational Corporations (TNCs)
1
, as well as public relations in this sphere, in particular on
the example of Ukraine. It suggests a solution to the problem of transnational corruption
crime, in particular, applying the theory of social naturalism. The ultimate goal of the article
is to analyze the problem of transnational corruption as a "factor of social instability" and to
introduce this term into scientific circulation in this context. The article uses such methods of
scientific knowledge as induction and deduction, as well as philosophical and
phenomenological methods. According to research, the mafia now operates on the same scale
and as effectively as global corporate groups. Corporations can be compared with the
governments of states in terms of their influence on the economy of the state and the adoption
of appropriate decisions. The authors state that the measures taken by individual states to
counter the pressure of powerful TNCs have not yet led to the achievement of these goals.
Financial and industrial elites, in turn, with the help of TOCG, try to impose their own order
on societies that are not yet ready due to differences in culture, history, laws, social order,
mentality, etc. It is emphasized in the article that the level of transnational organized crime
and corruption cannot yet be significantly reduced in local societies due to the fact that the
goals of elites and certain states simply do not coincide. Nowadays we can note a significant
number of symptoms, in particular - the existence of such a phenomenon as transnational
corruption, which indicates that we have a crisis of social order in the world. The corruption
used by the TNCs is a mandatory feature that allows, among other features, to distinguish
transnational organized crime from other types of criminal activity. We can note such a feature
of TOCG as a criminal symbiosis with TNCs, which is considered as a violation of public order
that leads to a corresponding regression. Progress in minimizing transnational corruption can
be achieved, in particular, with the help of social naturalism, through the application of the
postulates of which it is possible to counteract the current manifestations of willfulness and
illusions that exist today in all spheres of social life, including politics, economics, morality,
religion, science, art, law, etc. The study proves that in the modern world, against the
1
The concept of transnational corporations is given in the Convention on Transnational Corporations, ratified
by Ukraine on July 13, 1999, under № 921-XIV.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
188
background of progressive changes, namely the development of new information
technologies, in the economy, etc., there have been formed some trends in transnational
crime including corruption that continue to deepen further and the given corruption indicates
the phenomenon, which the authors define as a "factor of social instability".
Keywords
Transnational corporations; transnational organized criminal groups; corruption; crime; social
instability; social naturalism.
Resumo
O artigo analisa a escala de envolvimento de Grupos Criminosos Organizados Transnacionais
(TOCG) na prática de actos de corrupção, a sua cooperação criminosa conexa com
Corporações Transnacionais (TNCs), bem como as relações públicas nesta esfera, em
particular com base no caso da Ucrânia. É apresentada uma solução para o problema do crime
de corrupção transnacional, em particular, aplicando a teoria do naturalismo social. O
objectivo final do artigo é analisar o problema da corrupção transnacional como "factor de
instabilidade social" e introduzir este termo na circulação científica neste contexto. O artigo
utiliza métodos de conhecimento científico como indução e dedução, bem como métodos
filosóficos e fenomenológicos. De acordo com a investigação, a máfia opera agora à mesma
escala e com a mesma eficácia do que os grupos empresariais globais. As empresas podem
ser comparadas com os governos dos Estados no que respeita à sua influência na economia
do Estado e adopção de decisões apropriadas. Os autores afirmam que as medidas tomadas
pelos Estados individuais para contrariar a pressão dos poderosos TNCs ainda não conduziram
à realização destes objectivos. As elites financeiras e industriais, por sua vez, com a ajuda da
TOCG, tentam impor a sua própria ordem às sociedades que ainda não estão preparadas
devido a diferenças culturais, história, leis, ordem social, mentalidade, etc. É enfatizado que
o nível de crime organizado transnacional e a corrupção ainda não podem ser
significativamente reduzidos nas sociedades locais devido ao facto de os objectivos das elites
e de certos Estados simplesmente não coincidirem. Hoje em dia podemos notar um número
significativo de indícios, em particular - a existência de um fenómeno como a corrupção
transnacional, o que indica que temos uma crise de ordem social no mundo. A corrupção
utilizada pelos TNCs é uma característica obrigatória que permite, entre outras, distinguir o
crime organizado transnacional de outros tipos de actividade criminosa. Podemos notar tal
característica da TOCG como uma simbiose criminosa com as TNCs, que é considerada como
uma violação da ordem pública que conduz a uma regressão correspondente. É possível
alcançar progressos na minimização da corrupção transnacional, em particular com a ajuda
do naturalismo social, através da aplicação dos postulados de que é possível contrariar as
actuais manifestações de vontade e ilusões que existem hoje em dia em todas as esferas da
vida social, incluindo política, economia, moralidade, religião, ciência, arte, direito, etc. O
estudo prova que no mundo moderno, no contexto de mudanças progressivas,
nomeadamente o desenvolvimento de novas tecnologias de informação, na economia, etc.,
foram formadas algumas tendências na criminalidade transnacional, incluindo a corrupção
que continua a aprofundar-se e a corrupção indica o fenómeno, que os autores definem como
um "factor de instabilidade social".
Palavras-chave
Empresas transnacionais; grupos criminosos organizados transnacionais; corrupção; crime;
instabilidade social; naturalismo social.
How to cite this article
Busol, Olena Yu.; Kostenko, Oleksandr M.; Gutsalyuk, Mykhaylo V.; Klymenko, Olga A.
(2022). Transnational organized corruption as a factor of social instability. Janus.net, e-
journal of international relations, Vol13 N2, November 2022-April 2023. Consulted [online] in
date of last visit, https://doi.org/10.26619/1647-7251.13.2.7
Article received on 18 January 2021, accepted for publication on 29 September 2022
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
189
TRANSNATIONAL ORGANIZED CORRUPTION
AS A FACTOR OF SOCIAL INSTABILITY
OLENA YU. BUSOL
OLEKSANDR M. KOSTENKO
MYKHAYLO V. GUTSALYUK
OLGA A. KLYMENKO
Formulation of the problem
The UN report "The Globalization of Crime: A Transnational Organized Crime Threat
Assessment" (Report UNODC, 2010) highlighted the main transnational channels of illicit
distribution of drugs, firearms, and counterfeit products. It also highlights an increase in
the number of crimes such as the theft of natural resources, the sale of people for sexual
exploitation or forced labor, the illegal movement of migrants, maritime piracy,
cybercrime, corruption and more. Through bribery and the use of proceeds of crime and
threats of force, criminals influence the election results, decisions and actions of certain
politicians and military people. It is stated at a high international level that the criminal
sphere covers the entire planet. Confirmation of the use of corrupt practices by members
of transnational criminal groups (TNCG) can be the United Nations Convention against
Transnational Organized Crime (Convention, 2000) which stipulates that each state party
shall take such legislative and other measures as may be necessary to recognize it as a
criminally punishable when they are committed intentionally. However, it should be
recognized that no conventions or numerous laws have brought humanity closer to
reducing the manifestations of transnational corruption. We need a fundamentally totally
different approach to this global problem. In other words, a new social theory is needed
to overcome the crisis of the social order and to embark on the path of social progress.
According to our hypothesis, the "naturalistic" social science allows to adequately respond
to the new challenges of the time, which, in particular, contributes to solving the
problems that arise in connection with the process of globalization. Social naturalism,
which is the worldview of the future, is able to stop social regression by eliminating its
root - the "complex" of arbitrariness and illusions that afflicts people nowadays. Social
naturalism is a worldview that is capable of counteracting the "complex" of arbitrariness
and illusions - the sources of all evil in the world. Becoming the ideology of the New
Enlightenment, it can contribute also to the radical "treatment" of various social
pathologies. The concept of social naturalism returns the term "naturalism" to its true
meaning and not only frees it from anti-social meaning, but also complements it with
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
190
social meaning. In this form, the concept of "naturalism" opens up new opportunities for
understanding the laws by which social phenomena exist. Finding out the factors that
determine corruption is a necessary condition for effectively combating it, since it allows
understanding the conditionality of such a social phenomenon as corruption.
Analysis of recent publications and researches
Problems of transnational organized crime have been considered by P. Williams, E.
Savona, 1996; D.J. Kenney, J.O. Finckenauer, 1995; J.R. Richards, 1999; M. Edelbacher,
1998; J.D. Torr, 1999; M.D. Lyman, G.W. Potter, 1999; R. Godson, W. Olson, 1999; L.
Shelley 1999; M.G. Verbensky, 2010; V.O. Glushkov, E.D. Skulysh, 2012; H.P.
Zharovska, 2015; L.V. Strashynska, 2006; S.O. Filippov, 2019 and others, to whom we
are grateful for the laid groundwork for further scientific research. Under transnational
organized crime, domestic criminologists understand a qualitatively new form of
development of national organized crime, one of the highest levels of criminal evolution,
the subjects of which are stable criminal organizations, the sphere of influence and
activities of which in the form of a criminal trade extends to several states, a group of
neighboring states, a region, a continent or the world community (V.O. Glushkov, E.D.
Skulysh, 2012).
The aim of the article is a philosophical analysis based on the concept of social naturalism
and the problem of transnational corruption as a "factor of social instability." The novelty
of the study is that in this aspect the problem of transnational organized corruption has
not been yet considered by scientists. The article uses a "naturalistic" social approach,
which helps to solve the problems that arise in connection with the process of
globalization. The authors introduce into scientific circulation the concept of "factor of
social instability" in the context of a social phenomenon - transnational organized
corruption. It is proved that transnational corruption as a social phenomenon is
unnatural, i.e. it does not comply with the laws of social nature.
1. General trends in transnational organized crime and its relationship
to corruption in Ukraine
First of all, let us outline that social relations are only a part of public relations. Social
progress includes progressive changes both in the social sphere (relations between
classes, interclass changes, etc.) and outside it: industrial, ideological, foreign policy and
other relations. Social progress manifests itself in various forms and concerns the social
organism of the state (Skvorets V.O., 2011).
When studying corruption crime, criminologists do not always pay attention to the study
of society, processes, phenomena that occur in it, but focus their efforts mainly on the
criminal law aspects of the problem. Therefore, the study of corruption in post-Soviet
countries is so essential for legal science and practice.
Corruption exists in any country, but in Ukraine it has a peculiarity, namely, the ability
to nullify any attempts to free itself from the systemic social crisis that has affected its
entire society. We can note the increase in social tensions and social conflicts in Ukraine
against the background of an unhealthy economic situation, which, if failed to be solved
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
191
in time, may lead to the interruption of the development of our society (Busol O,
Kostenko O., Romanyk B., 2022).
The most influential and powerful transnational organized groups are located in different
parts of the world: "La Cosa Nostra" in the United States, "Cosa Nostra" in Europe (Italy),
"Triada" in Asia (China) and "Yakuza" in Japan. To this list we can add also some others:
the Colombian drug cartels of Latin America, the Jamaican-British, Albanian, Serbian,
Israeli, and Mexican mafias.
In the Persian Gulf region, members of Transnational Criminal Groups, namely drug
dealers and precursors, terrorist financiers, etc., operate in or through the region,
including the United Arab Emirates, taking advantage of its strategic location as a center
of regional trade, as well as a financial center and transport hub. Weak or inadequate
legislation as for terrorism and corruption is a significant vulnerability in the region,
especially in Kuwait.
In the Caribbean states, trade and smuggling routes are leading to an increase in crime,
including violence and corruption. For example, the US White House predicts that as the
Merida Initiative and the Central American Regional Security Initiative demonstrate
success in Mexico and Central America, traders may increase the volume of their
smuggling routes in the Caribbean.
From Asia to Canada, multinational organized groups supply chemical precursors for the
illicit manufacture of synthetic drugs, primarily ecstasy. Various networks of transnational
organized groups smuggle ecstasy and marijuana to the south and cocaine to the north
across the Canadian border.
The United Kingdom of Great Britain and Northern Ireland receives a huge economic
profit - between $ 32 billion and $ 64 billion – gained from annual large-scale human
trafficking, drug trafficking, financial fraud and mass marketing fraud (Manifests Itself).
According to the authors - Ukrainian scientists, Ukraine has also been impacted by the
criminal processes that take place on a global scale. In 2017, Ukrainian police identified
seven organized groups and criminal organizations with transnational ties. One of the
most resonant exposures was a joint Ukrainian-German investigative operation to detain
a criminal group of luxury car hijackers from Europe (the National Police of Ukraine).
Criminal groups from the CIS countries pose a huge danger in the spread of organized
crime for all states. There are currently 6,000 such groups and two hundred unions
operating globally (Bauernebel Herbert, 2018). There is now fierce competition between
TNCs for markets and spheres of influence. For example, in 2017, 19 drug traffickers of
Italian origin were arrested by the Federal Criminal Police and the Palermo branch of the
Italian Financial Guard in Villingen-Schwenningen. Goods and money worth 4 million
euros were confiscated from them. The detainees were operating in Germany at the
behest of the Mondino clan, a Sicilian mafia group from Palermo. The criminal activity
consisted of smuggling tons of marijuana and cocaine from Albania to Germany with
further laundering of the proceeds from their sale with the help of slot machines, which
criminals forced their compatriots - owners of bars and shops - to install under the threat
of destroying their businesses. Proceeds from drug trafficking were used to purchase
weapons in the Balkans (S. Debrer). Undoubtedly, the fact is that the internationalization
of crime, with its structure and dynamics typical for many states, makes it important to
take into account general trends that are similar, as well as critically evaluate the national
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e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
192
experience of different countries regarding the practice of influencing criminogenic
factors.
2. Corruption crime as a transnational phenomenon
The results of the research of Ukrainian scientists indicate that in total, there are currently
about 30 multinational corporations in Ukraine, with more than 7,000 representative
offices and branches. Some TNCs act as partners of Ukrainian companies. Meanwhile, we
can talk about a certain expansion of foreign TNCs in Ukraine, which is accompanied by
the use of "mixed" and "disguised" pseudo-investment strategies. Often investment
strategies have only nominal nature, since the main reason for their application is not
the use of Ukraine's production potential, but the minimization of customs duties. In this
case, the amount of capital investment required for pseudo-investment may be
incomparable not only with the turnover of the parent company, but also with the
turnover of the enterprise established in Ukraine (A.A. Semenov, V.V. Kryzhanivska).
For example, the website of the President of the United States reports that in the Russian
Federation and Romania there is a close link between organized crime, dishonest officials
and large capital, which threatens economic growth and prospects for democratic
governance. These transnational organized criminal businesses have established a
monopoly on the energy, telecommunications and precious metals markets (Manifests
Itself).
We can note, among others, such distinctive features of TNCs as a planetary vision of
markets and global competition; exercising economic and political influence on the states
in which TNCs operate. In recent years, there has been a system of world order in which
TNCs control about half of world industrial production, 63% of foreign trade, most patents
and licenses for new equipment, technology and know-how (Strashinskaya L.V., 2006 ).
In total, there are more than 65,000 TNCs in the world, with about 700,000 foreign
branches in more than 150 countries. In the process of transnational corporations’
activities, corruption is inevitably committed, because between these TNCs there is fierce
competition for the resources of the planet - natural, material, human, financial,
informational, technological, etc. Corruption crime, acting at the first stage as a national
problem, crosses borders and becomes a transnational phenomenon, one of the main
means of influencing organized crime in all spheres of international life. Regarding the
spread of transnational corruption, it should be noted that $ 1 trillion per year is just an
approximate figure, which gives only a general idea of how much ill-gotten gains are
received worldwide - both in developed and developing countries. According to the official
publication of the US President, between $ 1.3 trillion and $ 3 trillion a year is laundered
worldwide (between 2% and 5% of the world's gross domestic product) (Manifests Itself).
According to the World Bank, about $ 80 billion is spent annually on bribing government
members and politicians. The total volume of transactions in the drug business exceeds
half a billion dollars, and the profits from the "transfers" of illegal immigrants - $ 3.5
billion. Developing countries spend about 14% of GDP on combating crime and
corruption, while developed countries spend 5%. At the same time, power and wealth
are concentrated with only a small number of people and corporations. In our opinion, it
is global competition that prevents multinational companies from paying much attention
to social, and even more so, criminological problems, for fear of losing their capital. So
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e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
193
far, the world order is not based on social justice. It seems that the benefits for one of
the participants in the global market (state or TNC) may not satisfy the other participants,
and therefore one should sacrifice a part of its economic benefits for the sake of overall
strategic development. However, in recent years, we can notice the tendencies of the
undivided domination of the policy of international organizations which support global
markets over the activities of organizations that care about ensuring public goods, in
particular, preserving peace, protecting the environment, protecting human rights,
combating poverty, developing health care, culture, education.
The range of methods of TNC intervention in the affairs of host countries and means of
influencing the political and social situation in these states is quite wide. In particular,
the criminal world has more than a million independent armed groups. In the case of
their criminal conspiracy and coordination, they can affect not only national security but
also the state of affairs on all continents. In total, in the 1990s, about 5 million people
died in wars over gaining access to natural resources. Another 6 million people migrated
to other countries, and 11 to 15 million people changed their place of residence (Michael
Renner, 2002).
The fight between corporations for raw materials and markets leads to wars between the
states they represent. Military conflicts still occur in the territories of developing states,
and such states are often a "bargaining chip" of competing more developed and
economically strong states. During military conflicts, corruption schemes are being
developed, in which the governments of "interested" states take very active part. An
example is Ukraine, where combat operations are actually conducted now in the Donetsk
and Luhansk regions. We consider it important to study the problem of the influence of
TNCs and the distribution of natural and other resources of these territories among the
oligarchs. Thus, according to a sociological survey conducted by the Kyiv International
Institute of Sociology, commissioned by the NGO Detector Media and with the financial
support of the Embassy of the Kingdom of Sweden in Ukraine, as many as 65% of
Ukrainians (which is quite a large number) are convinced that the war in Donbass will
not cease because it is beneficial to the Ukrainian government and the oligarchs
(Gordonua.com). What really distinguishes one political system from another is the
extent to which ruling elites seek to use their power to serve the common good of society
or simply by enriching themselves, their friends, and their families (F. Fukuyama, 2016).
It is no secret that influential rich states, using the national resources of poorer states,
gain benefits for transnational corporations. TNCs also control the world information
space, eliminate competitors and establish world order on terms favorable for them. In
this case, the final incomes are received by the owners of these corporations, i.e.,
ultimately, residents of developed countries.
3. Specifics of actions of organized transnational crime subjects
According to research, the mafia now operates on the same scale and as effectively as
global corporations. Its members use the speed and other capabilities of the Internet to
coordinate their actions and internal logistics. Criminal networks have also borrowed
considerable business experience from the private sector (Bauernebel Herbert), including
corrupt practices. One can agree with the conclusion about the existence of a global world
network of criminal forces (Bauernebel Herbert). Today, more than ever, corporations
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e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
194
can be compared to governments in terms of their impact on the state's economy and
decision-making. TNCs are always involved in local political processes and their
representatives join national associations of industrialists, so they have the opportunity
to get an access to the leaders. Thus, TNCs are quite capable of influencing the internal
policy of the state, and up to the implementation of coups d'etat and the inspiration of
border conflicts. The TNCs possess quite a decent intelligence and counterintelligence,
which is also engaged in espionage, neutralization and physical elimination of competitors
(O. Chystyakov).
Transnational Organized Criminal Groups, in turn, support partnerships with TNCs in
which they have invested and also with banks into which illegally acquired money has
been put. Of course, transnational criminal groups bribe some politicians who are able to
maintain a system favorable for them (O. Chystyakov), or to direct the situation in the
right direction for them.
One of the characteristic features of modern TNCs is their huge expenditures on research
and development. For example, TNCs make a significant contribution to the development
of advanced technology through cooperation with universities and research centers. Such
centers are created, as a rule, at universities, and they are actively financed by leading
industrial corporations (V. Samofalov), which clearly implies undisguised corruption risks.
Transnational criminal organizations can differ significantly from other types of criminal
organizations in their structure, capacity, size and geographical scale of activity, or the
degree of diversification of their operations. Their common features are participation in
legally prohibited forms of business activity, including the sale of illegal goods and
services, smuggling of legally produced goods, theft of such goods, or all three types of
the above mentioned transactions at the same time. The subjects of organized
transnational crime operate in different regions of the world; they have their own specific
specialization; they use different methods, techniques, tactics; they have different
quantitative and ethnic composition, which is although very often built on a family
principle. TNCs have long been very flexible, mobile and able to quickly correct their
illegal activities in response to the prevention of criminal actions taken by law
enforcement agencies. However, all of them are united by a common goal, i.e. to obtain
extremely high profits from the criminal industry, which can be combined with the
conduct of formally legal activities (E.D. Skulysh, V.O. Glushkov, 2012), which is carried
out in a corrupt way. Thus, corrupt connections in law enforcement and other public
authorities are the main characteristic element of the system on the basis of which TNCG
operate.
It should be noted that the measures taken by individual states to resist the pressure of
powerful TNCs have so far led to the achievement of these goals. Financial and industrial
elites, in turn, with the help of TNCG, try to impose their order on societies that are not
yet ready due to differences in cultures, history, laws, social order, mentality, etc. We
believe that the level of transnational organized crime and corruption cannot yet be
significantly reduced in local societies due to the fact that the goals of elites and certain
states simply do not coincide.
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e-ISSN: 1647-7251
Vol. 13, Nº. 2 (November 2022-April 2023), pp. 187-200
Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
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4. Symptoms of a crisis of social order
Annual reports and analysis of the results of FRONTEX, EUROPOL, EUROJUST confirm the
following general trend: the emergence of new or changing the nature of existing
challenges, threats and risks of a cross-border nature, the diversification of their global
geography (S.O. Filippov, 2019). The central problem of the modern world order is that
innovations and creativity of the information society create a new environment in which
time and space are not fragmented by enclaves of legal families and state borders, but
are subject to new, unknown "waves" of energy impact of funds, images, capital, people,
being connected (selectively, but in general) by information memes that organize and
direct this movement. Before this phenomenon, the states and the world as a whole
proved to be powerless… (V.O. Tulyakov, 2016).
The funds that were obtained by criminal means and then legalized, due to the use of
various financial schemes have formed an oligarchic class in Ukraine and people close to
it, who actually run the state. The rest of the population has become a sort of donor to
transnational criminal organizations, since huge amounts of financial resources are not
used for social needs and economic development, but they overpass the state budget
and flow directly to the accounts of the criminal-political elite (Zharovska G.P., 2013).
So, nowadays there are several symptoms, in particular - the existence of such a
phenomenon as transnational corruption, that indicate we have a crisis of social order in
the world. Social arbitrariness and social illusions, which are based on ignoring the natural
laws of social life, lead to a crisis in any sphere of social life (political, economic, legal,
moral, religious, spiritual, scientific, artistic, etc.). In this context, the special role of the
social sciences in ensuring social progress is becoming increasingly apparent, since
without the development of the social sciences that shape people's social culture, no any
development of the physical and biological sciences could ensure social progress, security
and prosperity. In turn, the development of the social sciences can take place on the
basis of social naturalism, i.e. the worldview according to which the social is natural.
Here, for comparison, it is necessary to cite the postulates of American criminology, which
is characterized by the application of sociological theories to explain the causes of crime.
Their feature is the view of criminalization as a process of degradation, while the
theoretical justification is based on the concept of social disorganization and anomie. For
example, according to R.K. Merton's theory of anomie, the means of social culture
exaggerate the importance of the goal, and social organization restricts possible access
to legitimate means of achieving it. This theory only confirms the fact that the increase
in opportunities, such as visa-free travel, affects the increase in volume of cross-border
crimes (S.O. Filippov, 2019). However, this is one of the symptoms of the crisis of the
social order.
Corruption in Ukraine today has quite a unique character, which distinguishes it from
corruption in Western countries not only in terms of quantitative characteristics, but also
in qualitative ones. The qualitative difference of this corruption is that it, being a crisis-
type corruption, is generated by the social crisis in Ukraine, and, in turn, contributes to
this crisis itself (Busol O, Kostenko O., Romanyk B., 2022).
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196
5. Progress and transnational organized corruption as a social regress
"Progress and regression (from the Latin progressus is a translational motion, regressus
is a reverse motion) is a quality of real processes, which consists in an upward movement
from lower to higher, from less perfect to more perfect progress; in the transition from
higher to lower - regress (Philosophical Dictionary, 1986). Under social progress we
understand "the ascending development of mankind from the lowest levels of its socio-
economic, political and spiritual organization to higher ones; qualitative renewal of public
life forms and relations between people; progressive change of general civilization and
formational stages of society development" (D.J. Kenney, 1995). We need to note that
progressive changes in society, in particular those that can minimize transnational
organized corruption, are taking place due to science. The prosperity of nations is ensured
by universities, but not by parties, governments or parliaments. As the challenges to
humanity become global, social education in universities is doomed to globalization. In
our opinion, such globalization of social education is possible only as the convergence of
national social education systems based on the approximation of each of them to a
"common denominator" - social naturalism, which involves the development of social
sciences through convergence with non-social ("natural") sciences.
The social culture of people consists of the following types: political, economic, legal,
moral, religious, scientific, technological, rehabilitation, environmental, etc. Crisis-type
corruption is also a phenomenon of "crimes caused by a social anomaly". Corruption is a
real phenomenon but unnatural one, because it manifests violation of the laws of social
nature, with which people's social life should be reconciled.
The dialectic of social development is such that the development of various aspects of
social life is very often uneven. Progress in some spheres of public life is carried out
against the background of the regression of other spheres (Philosophy, 1985). The life of
modern countries testifies to the phenomenon of social progress, as UN research
institutions and other research centers have developed a system of development
indicators, such as GDP per capita, human development index, living standards, life
expectancy and many other social indicators. These indicators characterize the social
changes in a particular country, which reflect the progress or regression of social
development of this state (Skvorets V.O., 2011).
Given the characteristics of t-ransnational criminal organizations cited by domestic and
foreign scholars, also official statistics and information of competent authorities, as well
as media reports and citizens opinion on the Internet, it can be stated that transnational
criminal groups’ corrupt actions are characterized by quite the systemic nature. Thus,
the TOCG corruption should be considered as a mandatory feature that allows, among
other features, to distinguish transnational organized crime from other types of criminal
activity. We can note such a feature of TOCG as a criminal symbiosis with TNCs, which
can be considered as a violation of public order that leads to the corresponding social
instability.
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Transnational Organized Corruption as a factor of social instability
Olena Yu Busol, Oleksandr M. Kostenko, Mykhaylo V. Gutsalyuk, Olga A. Klymenko
197
Conclusions
Such a cursory view of the factors that give rise to corruption (including confusion about
the causes and conditions that contribute to it) can lead to rather dramatic errors in anti-
corruption policy. The result is a hypertrophy of the applied administrative (repressive)
instruments, which is inherent in the "police type of a state".
The main feature of modern transnational crime is its politicization. Having corrupt
connections with certain representatives of the state, transnational criminal organizations
actually rob the state, which in the current economic situation is a factor that brings
Ukraine closer to economic collapse. Global transnational crime deepens the crisis
situation in the socio-political and economic life of Ukraine; it forms the vectors of foreign
trade and forms the basis for a radical stratification of Ukrainian society on the basis of
financial capacity.
Through corrupt interactions, legal institutions can become a chain of criminal
organizations. Since relations between states are guided by the bureaucracy, their
interaction is inevitable. That is, a state in which corruption is highly developed should
most likely bring the "virus" of corrupt practices to any democratic state that declares
and adheres to non-corruption norms. This is facilitated by the liberalization of customs
and border relations, the creation of unified banking systems, offshore zones, the
universalization of national currencies, the formation of global financial networks, global
markets, global use of modern information technology, and more.
The internationalization of crime, makes it important to take into account general trends
(as well as critically evaluate the national experience of different countries regarding the
practice of influencing criminogenic factors):
1) The world order is not based on social justice.
2) TNCs establish world order on terms favorable for them. In this case, the final
incomes are received by the owners of these corporations.
3) TNCs are quite capable of influencing the internal policy of the state.
4) The level of transnational organized crime and corruption cannot yet be significantly
reduced in local societies due to the fact that the goals of elites and certain states
simply do not coincide.
5) Criminal symbiosis TOCG with TNCs can be considered as a violation of public order
that leads to the social instability.
The significance of social naturalism is that it provides a criterion for distinguishing
between progress and regress, and it also equips people with the tools suitable for social
progress. According to it, if a social phenomenon is natural, i.e. consistent with the laws
of social nature, then it is progressive.
Social progress is a phenomenon that directly affects the historical development and
destiny of any nation. In the modern world, against the background of progressive
changes, namely the development of new information technologies and in the economy,
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Transnational Organized Corruption as a factor of social instability
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198
the tendencies of transnational crime, which includes corruption, continue to deepen,
which testifies to the phenomenon that we call "factor of social instability".
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