Business Corruption in Ukraine

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Business Horizons (2018) xxx, xxx—xxx

Available online at www.sciencedirect.com

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Business corruption in Ukraine: A way to


get things done?
Elena Denisova-Schmidt a,*, Yaroslav Prytula b

a
University of St. Gallen (HSG), Gatterstrasse 3, 9010 St. Gallen, Switzerland
b
Ukrainian Catholic University, 79011 Lviv, Ukraine

KEYWORDS Abstract Corruption at the firm level is a very complex issue better understood
Business corruption; within its cultural, national, and historical contexts. Using Ukrainian firms as an
Business in Ukraine; example via two data sets from 2013 (n = 625) and 2015 (n = 120), we describe two
Bribery; types of corruption: (1) the abuse of power by individuals or groups for private gain,
Bureaucratic and (2) abuse of power by CEOs and general managers not for their own private gain,
corruption; but for the gain of other individuals or groups. The latter abuse of power–—either
Corruption mitigation; within or beyond the existing rules, laws, and norms–—is often the only way to get
Informality things done in Ukraine. On the other hand, corruption might also be used to hinder
business activities. This ambivalent function is the main challenge in mitigating
corruption.
# 2018 Kelley School of Business, Indiana University. Published by Elsevier Inc. All
rights reserved.

1. A deep dive into corruption (Ledeneva, 2006, p. 1). Off-the-books activities,


double accounting, and blat–—defined as “the use
The planned economy that ruled in Eastern Europe of personal networks and informal contacts to
for many decades was based customarily on the obtain goods and services in short supply and to
“illegal use of state material and financial resour- find a way around formal procedures” (Ledeneva,
ces” (Apressyan, 1997, p. 1563) and it encouraged 1998, p. 1)–—have dominated in many communist
“a variety of practices for cheating the system” countries. What does business in Eastern Europe
look like today? Is cheating still prevalent or has
the system recovered with the new post-
* Corresponding author
communist generation? Do companies, managers,
E-mail addresses: elena.denisova-schmidt@unisg.ch and other practitioners operate ethically or does
(E. Denisova-Schmidt), ya.prytula@ucu.edu.ua (Y. Prytula) corruption still dominate the landscape? Using

https://doi.org/10.1016/j.bushor.2018.06.004
0007-6813/# 2018 Kelley School of Business, Indiana University. Published by Elsevier Inc. All rights reserved.
BUSHOR-1502; No. of Pages 13

2 E. Denisova-Schmidt, Y. Prytula

Ukraine as an example, we address these and other are incompatible with the development of society
similar questions. (see Table 1; Denisova-Schmidt, 2014). The results
Why Ukraine? After the breakup of the Soviet show an ambivalent attitude toward some practices,
Union, many economists considered the new in- illustrating the complexity of this phenomenon in
dependent states and their transformation from society.
planned to market economies as a natural But what about corruption at the firm level? Not
experiment that rarely occurs in history (Filer & the lack of transparency in the privatization of
Hanousek, 2002; Fuchs-Schündeln & Hassan, state enterprises (e.g., Hoff & Stiglitz, 2004), raid-
2016). We might consider Ukraine more narrowly ing (e.g., Rojansky, 2014), or the role of oligarchs
as a natural experiment for anti-corruption trans- (e.g., Åslund, 2014), but rather corruption–—in the
formation. Independent Ukraine is perhaps more purchasing department when choosing new suppli-
strongly committed than other Eastern European ers, in the human resources department when
countries to battling corruption. The firm desire recruiting and promoting new staff, or in using
to combat corruption was a catalyst of both company resources for private purposes among
revolutions, the Orange Revolution in 2004 and top managers? Is this also a challenge, simply a
the Revolution of Dignity in 2014. The latter common way to get things done, or just an effec-
revolution brought significant political and eco- tive tool in running a business? There are few
nomic changes. These included the expulsion of studies on corruption at the firm level (not only
the highly corrupt president Viktor Yanukovych in Ukraine, but globally), much less on how to deal
along with his allies, and the election of a new with it. This does not mean that the problem does
parliament and new president Petro Poroshenko, not exist, just that it has remained under-
who came to power with promises of fighting researched for many reasons (see de Jong & van
corruption and a new life for Ukraine, the loss Ees, 2014; Zyglidopoulos, 2016).
of Crimea, and the war in Eastern Donbas (Kuzio, Since 2011, we have been studying corruption
2015). among Ukrainian enterprises (e.g., Denisova-
The Revolution of Dignity showed the strength of Schmidt, 2014; Denisova-Schmidt, Huber, & Prytula,
the public’s demand for change; voluntary anti- 2015, 2016; Denisova-Schmidt & Prytula, 2015a,
corruption movements mushroomed in different 2015b, 2016a, 2016b, 2017). There are several ap-
regions of Ukraine. A new anti-corruption strategy proaches to the study of corruption:
with clear priorities and indicators for measuring
progress was introduced and, as a result, the gov- 1. The principal-agent theory, which considers cor-
ernment established a new law to prevent corrup- ruption a deviation;
tion and new anti-corruption institutions such as
the National Agency for the Prevention of Corrup- 2. Collective action theory, which defines corrup-
tion, the National Anti-Corruption Bureau, and the tion as the norm; and
Special Anti-Corruption Prosecutor’s Office (Fluri &
Badrack, 2016). This resulted in the prosecution of 3. The third perspective (i.e., corruption is a way of
a number of corrupt officials, but rarely did they getting things done), which analyzes the func-
end with prison time. Francis Malige, the managing tions that corruption serves and develops alter-
director for Eastern Europe and the Caucasus at the native solutions (Denisova-Schmidt & Prytula,
European Bank for Reconstruction and Develop- 2017; Ledeneva, Bratu, & Köker, 2017).
ment (EBRD), recently said: “Ukraine’s judiciary
looks like sport fishing: you catch the big fish, you With this article, we are contributing to the latter
identify it, you take a photo and then you put it approach, the third perspective.
back in the water” (Unian, 2017). Despite all Based on our first survey in 2013, conducted
efforts, a culture of corruption still prevails in among 625 firms in all 25 of Ukraine’s administrative
Ukraine. Therefore, Ukraine today is an regions (24 oblasts and the Autonomous Republic of
excellent natural experiment on the battle against Crimea), we found no statistically significant differ-
corruption, with the general population, public anti- ences in terms of the firms’ industry or size or the
corruption initiatives, international donors, and many respondents’ experiences with the firm, gender, or
new government officials on the one side, and an educational levels. Statistically significant differ-
invisible network of corrupt officials–—including judg- ences were found only in terms of ownership (with
es and prosecutors–—on the other. In 2015, a popula- foreign companies being more resistant to corrup-
tion survey was conducted among 6,000 respondents tion) and in terms of regions. Our results showed
in Ukraine. The survey included a question that corruption is perceived to be less prevalent
regarding how respondents viewed practices that in the South and in the West of Ukraine when
BUSHOR-1502; No. of Pages 13

Business corruption in Ukraine: A way to get things done? 3

Table 1. Practices incompatible with good social development


Question: “In general, which of the following practices, in your opinion, spoil the good development of a society?”
Practices Yes
Buying votes during elections 61.2%
Giving jobs to friends or relatives instead of people who deserve them 52%
Bringing gifts to obtain access to health services 34.4%
Bringing gifts to be accepted at a good school 23%
Exchanging confidential information to get tenders and public construction bids 29.8%
Paying fees to have documents sorted out quickly 30.4%
Convincing journalists not to publish sensitive articles 19.5%
Using scandals to get rid of political opponents 18.8%
Using development funds for private purposes 67.4%
Source: This table is based on the results of a 2015 mass-population survey in Ukraine carried out within the project Region, Nation,
and Beyond: An Interdisciplinary and Transcultural Reconceptualization of Ukraine (http://www.uaregio.org/en/about/stage-1/)

compared to the East.1 One of the anti-corruption When talking about corruption, our respondents
strategies frequently employed in the West, how- could be divided into two groups, depending on
ever, was the use of third parties to work with local their control over the situation: (1) those who
partners on difficult issues. Is corruption in Western consider corruption often as the only way to do
Ukraine indeed low or is it just outsourced? Hence, business in the country and (2) those who claim
in our second survey in 2015 (see Appendix) we went that they never use any forms of corruption, espe-
to the West and, using one oblast (Lviv) as an cially monetary ones. To reform the behavior of the
example, looked deeper into the region perceived first group, the obvious solution would be to change
to be less corrupt (Denisova-Schmidt & Huber, 2014; the mindset of those who both demand and supply
Denisova-Schmidt et al., 2015; Foster, 2015). corrupt practices; the second group sees a way
There, we focused our questions more on the rea- forward in the aggressive and immediate purifica-
sons behind the use of various corrupt techniques tion of government structures by removing the
and their justifications. We surveyed leaders from corrupt officials, who they consider the alpha and
120 businesses in Lviv. omega of the system. For the first group, corruption
is a brake for domestic business development while,
for the second, it is an interstate enemy to which
2. Data they are powerless.
In our survey, we recoded the negatively connot-
Our data set was collected between February and ed word corruption into the more neutral ‘informal
March 2015 by a sociological company on behalf of a practices’ to refer to the practical norms CEOs
joint project that involved researchers from two Eu- and managers often use to get things done (see
ropean universities. The 120 respondents–—owners, Shekshnia, Ledeneva, & Denisova-Schmidt, 2013,
CEOs, and top managers of enterprises in the Lviv 2014, 2017). In our questionnaires, we asked about
region–—were selected from the seven key the informal practices used within the company,
economic sectors in Ukraine: agriculture, mining, such as whether companies tend to pay salaries to
construction, manufacturing, trade, transport, and their staff in cash, or if managers receive any
communications, along with other service industries benefits from job candidates or use company funds
(Derzcomstat, n.d.). or employees for their personal needs. We also
asked about any informal practices that occur in
their dealings with suppliers and buyers. We talked
1
The East represents Donetsk, Luhansk, Kharkiv, Zaporizhzhia, with companies about their interactions with local
and Dnipropetrovsk; the North represents Poltava, Kirovohrad, and state authorities, with different control agen-
Cherkasy, Chernihiv, and Sumy; the South represents Kherson, cies, and with tax inspectors and the courts. All of
Odesa, and Mikolaiv; the Center represents Zhytomyr, Vinnytsia, these actions are informal practices on the part of
Khmelnytskyi, Rivne, and Volyn; and the West represents Cher-
nivtsi, Zakarpatia, Lviv, Ternopil, and Ivano-Frankivsk. Regional
the practitioners, but according to Transparency
classifications are explained in detail in Denisova-Schmidt and International, they are all forms of corruption:
Huber (2014). the abuse of entrusted power for private gain
BUSHOR-1502; No. of Pages 13

4 E. Denisova-Schmidt, Y. Prytula

(see Table 2A) or the abuse of power by either indi-  Case 1: A CEO running a medium-sized company
viduals or groups for private gain (Zyglidopoulos, prefers to pay some employee salaries partly in
2016). The distinction here is that first-order corrup- cash, believing the money is better invested if it
tion happens “within a given system of rules, laws, or goes directly into the pockets of his/her staff and
norms, by either breaking them or interpreting them not to the state.
in their favor” and second-order corruption occurs
“by creat[ing] new rules and norms that unfairly favor The number of companies–—especially small- and
them personally, immediately, and in the future” medium-sized ones–—that paid salaries in cash (i.e.,
(Zyglidopoulos, 2016, pp. 4—5). without paying social taxes) increased between
We did not intend to find out which was the most 2013 and 2015. In 2015, 71% of surveyed companies
or the least corrupt company (Table 2B), nor to indicated the use of such practices. Some partic-
blame any firms; instead, we were more interested ipants in our survey even laughed ironically when
in exploring the reasons why CEOs and general they heard this question. This is because the eco-
managers use these practices in order to better nomic decline of 2014 and 2015 in Ukraine coincided
understand the function of informal practices. with a business-unfriendly taxation policy: employ-
ers had to pay up to 60% of their employees’ salaries
in taxes for every employee–—money needed within
3. Results the enterprise. One CEO managing a service com-
pany explained: “There are only a few companies
3.1. Informal practices and the functions offering a ‘white’ salary in my sector: McDonald’s
they serve and Svit Kavy. The others keep the money within
their enterprises.” Otherwise, firms would need to
What are the typical situations in which informal reduce their salaries considerably and this action
practices are used and why? might demotivate their employees enormously;

Table 2A. Informal practices vs. corruption


Informal practice as known to practitioners Forms of corruption in the
TI classification
Selecting vendors/contractors/winners of open tenders on  CRONYISM
the basis of informal relationships and agreements  NEPOTISM
 LOBBYING
Receiving kickbacks or other informal rewards (i.e.,  GIFT
expensive gifts) from vendors/suppliers/buyers  CONFLICT OF INTEREST
Paying salaries and bonuses to staff in cash without paying  FRAUD
taxes or social fees
Receiving commissions or other material benefits from job  GIFT
candidates  CONFLICT OF INTEREST
Using company funds, facilities, or staff for personal gain  ABUSE OF POWER OR OFFICE
Using kompromat, security department information against  INFLUENCE PEDDLING
competitors
Using company staff for personal service to managers  ABUSE OF POWER OR OFFICE
(assistance to family members, construction and decoration
of housing, organization of holidays and entertainment)
Selecting vendors/contractors with whom regional managers  CRONYISM AND NEPOTISM
have informal relationships or arrangements
Employing relatives and friends without appropriate  CONFLICT OF INTEREST
knowledge and experience, without competition
Creating informal alliances with other companies in the  CRONYISM AND NEPOTISM
region to exert influence on regional authorities
Using informal connections and networks to obtain state  CONFLICT OF INTEREST
orders (state procurement) and loans from state banks
Use of company funds by heads of regional subdivisions to buy  ABUSE OF POWER OR OFFICE
expensive cars, telephones, travel, etc.
BUSHOR-1502; No. of Pages 13

Business corruption in Ukraine: A way to get things done? 5

Table 2B. Frequency of usage of informal practices


Practices never seldom sometimes often systematically hard
to say/no answer
Selecting vendors/ 5.8% 10% 30% 20% 11.7% 22.5%
contractors/winners of open n=7 n = 12 n = 36 n = 24 n = 14 n = 27
tenders on the basis of
informal relationships and
agreements
Receiving kickbacks or other 20% 25% 24.2% 10.8% 5.0% 15.0%
informal rewards (i.e., n = 24 n = 30 n = 29 n = 13 n=6 n = 18
expensive gifts) from
vendors/suppliers/buyers
Paying salaries and bonuses 12.5% 13.3% 20% 17.5% 25.8% 10.8%
to staff in cash without n = 15 n = 16 n = 24 n = 21 n = 31 n = 13
paying taxes or social fees
Receiving commissions or 55.8% 18.3% 12.5% 5.0% 0 8.3%
other material benefits from n = 67 n = 22 n = 15 n=6 n = 10
job candidates
Using company funds, 37.5% 19.2% 22.5% 8.3% 2.5% 10.0%
facilities, or staff for n = 45 n = 23 n = 27 n = 10 n=3 n = 12
personal gain
Using kompromat, security 54.2% 19.2% 10.8% 2.5% 1.7% 11.7%
department information n = 65 n = 23 n = 13 n=3 n=2 n = 14
against competitors
Using company staff for 40.0% 20.8% 15.8% 7.5% 4.2% 11.7%
personal service to n = 48 n = 25 n = 19 n=9 n=5 n = 14
managers (assistance to
family members,
construction and decoration
of housing, organization of
holidays and entertainment)
Selecting vendors/ 18.3% 21.7% 27.5% 16.7% 6.7% 9.2%
contractors with whom n = 22 n = 26 n = 33 n = 20 n=8 n = 11
regional managers have
informal relationships or
arrangements
Employing relatives and 28.3% 31.7% 17.5% 8.3% 5.0% 9.2%
friends without appropriate n = 34 n = 38 n = 21 n = 10 n=6 n = 11
knowledge and experience,
without competition
Creating informal alliances 25.0% 19.2% 25.0% 10.0% 9.2% 11.7%
with other companies in the n = 30 n = 23 n = 30 n = 12 n = 11 n = 14
region to exert influence on
regional authorities
Using informal connections 26.7% 15.8% 22.5% 10.0% 9.2% 15.8%
and networks to obtain state n = 32 n = 19 n = 27 n = 12 n = 11 n = 19
orders (state procurement)
and loans from state banks
Use of company funds by 42.5% 15.8% 12.5% 9.2% 5.8% 14.2%
heads of regional n = 51 n = 19 n = 15 n = 11 n=7 n = 17
subdivisions to buy
expensive cars, telephones,
travel, etc.
BUSHOR-1502; No. of Pages 13

6 E. Denisova-Schmidt, Y. Prytula

hence, many of them prefer to pay their social advantage–—the trust among inner circles is partic-
contribution directly to their staff. In the compa- ularly high, especially in societies with weak formal
nies’ view, there are also no guarantees that the institutions (Rothstein & Stolle, 2008). According to
money paid to the state will return to its citizens in our respondents, kickbacks are more noticeable and
the form of pensions or other social obligations. more difficult when working with public intuitions.
Kickbacks might reach 80% of the tender in the
 Case 2: One CEO did everything possible in order service sector, 50% in the insurance sector, and
to place his/her son at the Ukrainian Security 10% in the construction sector. One CEO recalled:
Service. Now the son is in a position to help the “In 2006, a tender for road construction was raffled.
firm resolve any potential problems with state Kickback was 35% with a return of 7%. And what to
authorities. do in this situation? That’s right–—a low-quality
road.” This meant that the budget for building
These potential problems typically involve minimiz- the road would be cut and devoted to a bribe.
ing red tape as much as possible, which may be All three cases demonstrate that CEOs and gen-
connected to unofficial payments. Some firms ad- eral managers can abuse their power, but it might
mitted that they sometimes pay informally while often happen for the gain of other individuals (Case
working with authorities. The customs office seems 1) or groups (Case 2 and Case 3). By doing so, CEOs
to be the most difficult of the public institutions to and general managers might also be able to save
deal with. The payment amount depends on many their businesses and/or their jobs in the long term.
factors, such as the problem to be solved, the This might be judged as a personal gain, however.
institution to which the payment goes, the com- The distinction between private and public–—a cru-
pany’s resources (e.g., size, turnover), or the cial point for analyzing corruption–—is not clear in
type of industry. Such payments might range from many post-communist societies (Ledeneva, 2009,
1%—35%. Our respondents mentioned that they of- 2013; Rothstein & Torsello, 2014). Public gain might
ten resort to such payments in order to get things also be understood here “in terms of status and
done–—such as to speed up an application or to mini- influence” (Ledeneva, 2009, p. 258). Moreover,
mize bureaucracy–—and not to do something wrong or corruption for public gain might be socially accept-
inappropriate. Moreover, firms are often the first to ed and even have a positive short-term effect. Some
initiate such payments (directly by themselves or decision makers use the populistic rhetoric of acting
through brokers), not the officials. The CEOs also in the public’s interest in order to mask the classic
indicate that state officials use a selective approach types of second-order corruption.
when working with firms: small and medium-size The decades of low gas prices in Ukraine, for
companies are usually under more pressure than example, made a few oligarchs very rich but did not
large enterprises and foreign companies rarely en- provide a positive effect on Ukrainian business and
counter the types of extortion domestic firms face. the economy as a whole. The essence of the oli-
garchs’ strategy was to buy cheap gas at a second-
 Case 3: The head of a purchasing department order corruption state-regulated price and to sell it
organizes an open tender (i.e., open bidding at a market price to the state-owned companies
process). The tender is in fact a show. The winner using first-order corruption schemes–—or, alterna-
is known in advance: It is a supplier that has a tively, to export gas or produce commodities for
long-term relationship with this enterprise. export using cheap gas (Åslund, 2014). Neverthe-
Moreover, the supplier’s CEO and the department less, the high level of uncertainty in the country, as
head were formerly classmates. well as the lack of clear rules and procedures on
privatization/re-privatization/nationalization
Our respondents admitted that situations in which (Åslund, 2014), forbids business owners from think-
their choice of open tender winners is based on ing and operating in a long-term perspective. This is
informal relations are the norm, especially in pro- irrational.
curement. They often appeal to a system of kick- Corruption among Ukrainian firms seems to be
backs established over the years in Ukraine. The acceptable if it helps businesses get things done and
potential risks with a new and unknown supplier survive; it is less acceptable if it leads to profit
might be high and refer not only to unpredictable maximization. In our survey, we asked the CEOs and
costs, but also to an unpredictable quality of prod- general managers this question: “Would you break
uct and service offerings (Denisova-Schmidt & relations with a company that pollutes the environ-
Kryzhko, 2015, 2016). Friendly relationships ment through corrupt practices in doing business?”
between the head of the purchasing department We then offered three possible reasons behind the
and the CEO of the supplier is considered an corruption:
BUSHOR-1502; No. of Pages 13

Business corruption in Ukraine: A way to get things done? 7

1. If it is a question of the company’s survival; your friends that live in the city would vote for
this candidate?
2. If the company maximizes its profits by doing
this; or  1b: An entrepreneur carries out his construction
business in a mid-size city in Ukraine. Last year,
3. If the company publicly announces that its busi- the entrepreneur reportedly (rumor, no evi-
ness is corruption free. dence) gave 20% of the contract’s total to receive
a profitable government agreement for the con-
The scale ranged from 1 (will never break relations) struction of poor-quality public housing. Current-
to 5 (surely will break relations). Respondents ly this entrepreneur is running for city mayor. In
showed statistically significant differences when your opinion, what are the chances that your
answering these questions, indicating a higher level friends that live in the city would vote for this
of support for companies that resort to such candidate?
practices in order to survive (Denisova-Schmidt &
Prytula, 2016a). The answers differ significantly  2a: An entrepreneur carries out his construction
between reason 2 (mean value = 3.66) and reason business in a mid-size city in Ukraine. Last year,
1 (mean value = 3.16), with a mean difference equal the entrepreneur fairly won a tender for a profit-
to 0.517 (t-test p-value = 0.000). able government contract to construct quality
Companies that use corrupt practices actively for public housing in the city. Currently this entre-
their survival are not such an unusual phenomenon preneur is running for city mayor. In your opinion,
on the Lviv market, according to the respondents. what are the chances that your friends that live in
Although, on average, respondents do not support the city would vote for this candidate?
cooperation with companies that use corrupt prac-
tices (mean value = 3.54), a company’s survival  2b: An entrepreneur carries out his construction
makes a good excuse for continuing cooperation business in a mid-size city in Ukraine. Last year,
with corrupt businesses. Cooperation with these the entrepreneur fairly won a tender for a profit-
companies is inevitable, and for an entrepreneur able government contract to construct poor-
to refuse cooperation because it is corrupt is con- quality public housing in the city. Currently this
sidered a rather lame excuse. The force of the entrepreneur is running for city mayor. In your
argument is tempered by the instinct of self- opinion, what are the chances that your friends
preservation (the element of environmental pollu- that live in the city would vote for this candidate?
tion was not generally seen as a case or a key
purpose). Cooperation with such companies, by The available responses were (1) definitely NO
contrast, is seen as helping them to survive. The chance, (2) rather NO than YES, (3) 50/50 chance,
number of hypothetical refusals to cooperate rises (4) rather YES than NO, and (5) definitely YES. The
significantly when talking about companies that difference with respect to corruption (2.905-
pollute the environment and use corrupt practices 2.485 = 0.42) is less then the difference with re-
actively to maximize profits, just as with companies spect to the results of work (3.04-2.35 = 0.69). Yet
that behave similarly by publicly announcing them- this difference is not statistically significant (see
selves to be uncorrupt participants in the business Table 3). In addition, it is interesting to note that
environment. the corrupt candidate who built the quality housing
To further explore the ambivalence toward cor- has a greater chance of winning than the honest
ruption, we added an experimental question to our candidate who cannot build quality housing
survey and asked our respondents to imagine and (2.77 vs. 2.5, which is not a statistically significant
respond to the following four (1a, 1b, 2a, 2b) difference).
hypothetical scenarios in random order (see Klasnja Similar conclusions can be made from the results
& Tucker, 2013): obtained from the regression analysis of the hypo-
thetical voting. Based on the respondents’ answers
 1a: An entrepreneur carries out his construction to the hypothetical voting experiments presented in
business in a mid-size city in Ukraine. Last year, the four aforementioned scenarios, we estimated
the entrepreneur reportedly (rumor, no the following regression model:
evidence) gave 20% of the contract’s total to
receive a profitable government agreement for
the construction of quality public housing. Cur-
rently this entrepreneur is running for city may- Votei ¼ b0 þ b1 Bribei þ b2 Q uality i þ b3 Bribei
or. In your opinion, what are the chances that  Q uality i þ ei
BUSHOR-1502; No. of Pages 13

8 E. Denisova-Schmidt, Y. Prytula

Table 3. Previous business experience and local government


Condition A Condition B Average
Quality public Public housing of very
housing was built poor quality was built
ENTERPENEUR STATUS 1: 2.77 2.20 2.485

Gave 20% of the


contract’s total to
receive a profitable
government agreement
for the construction of
public housing in the
city. There were
rumours in the air about
it, but there was no
evidence.
ENTERPENEUR STATUS 2: 3.31 2.50 2.905

Won a tender fairly for a


profitable government
contract to construct
public housing in the
city. There were
rumours in the air about
it, but there was no
evidence.
Average 3.04 2.35

where Votei is i’s respondent answer (ranged from result of the project implementation and the
1 [definitely no] to 5 [definitely yes]) to the four bribery factor are leveled on the political back-
hypothetical questions. Bribe equals 1 if the respon- ground. Frequently, respondents remarked that
dent receives a questionnaire with scenarios 1a or such experience (fair play or not, quality building
1b, and 0 otherwise (scenarios 2a and 2b). Quality or not) does not really matter when it comes to their
equals 1 if the respondent receives a questionnaire choice of candidate for mayor. According to the
with scenarios 1a or 2a and 0 otherwise (scenarios entrepreneurs, a candidate’s action plan, political
1b and 2b). A very similar research design was affiliation, and personality are what they consider
implemented by Klasnja and Tucker (2013); in our important when choosing elected officials.
case, we slightly reformulated the questions based
on feedback from the pilot study. 3.2. Dealing with public institutions
The estimation results are shown in Table 4 and
suggest that, in general, the respondents punish Corruption might be a way to get things done, but it
bribing behavior irrespective of the information also might be used as a way to prevent things from
about the quality of building; at the same time, getting done–—a tool some public institutions might
they support quality work regardless of the infor- use to hinder businesses. A CEO, for example, might
mation about bribing. On the other hand, the posi- use his or her personal networks in a government
tive and significant sum of coefficients b2 and b3 agency to speed up a procedure. The existence of
indicates that the respondents are prepared to personal networks does not necessarily guarantee
tolerate bribing if they receive quality services. success. It might depend on the power of these net-
We received additional arguments in favor of the works, a willingness to intervene, and the frequency
popularity of kickbacks when choosing the winner of the networks are used as well as on whether or not the
open tenders. It should be mentioned that formu- procedure can be sped up. An agency might overuse
lating the question with the case of fair play (sce- its power and demand too many things from a CEO in
nario 2a and scenario 2b) raised eyebrows regarding order to hinder his or her business activities. Corrup-
the probability of such a situation in Ukraine. As tion at public institutions in Ukraine is viewed with
was the case of companies polluting the environ- disdain even by those respondents who refused to
ment, the quality of the building constructed as a answer certain questions related to the subject.
BUSHOR-1502; No. of Pages 13

Business corruption in Ukraine: A way to get things done? 9

Table 4. Hypothetical voting: Does corruption matter for voters?


Dependent variable: Respondent answer (1 — “definitely NO”; 2 — “rather NO than YES”; 3 — “50/50 chance”; 4 —
“rather YES than NO”; 5 — “definitely YES”) to the hypothetical question presented in the four scenarios.
Bribing effect | Quality –— good b1 0.30 (0.24)
Bribing effect | Quality –— poor b1 + b3 0.54 (0.28) **
Quality effect | Bribing –— no b2 0.81 (0.25) ***
Quality effect | Bribing –— yes b2 + b3 0.57 (0.24) **
Interaction effect: Bribing –— yes, Quality –— good b3 0.24 (0.35)
N = 119
Robust standard errors are in parentheses.
**
p < 0.05.
***
p < 0.01.

Their reasons for refusing to answer included para- come regularly and each time it costs 50-100 UAH,”
noia regarding the possibility that the answers to said one respondent. The police are also frequent
these questions may be used against them later.2 visitors and arrange inspections without warning so
Despite the tax office’s heavy involvement in corrup- businesspeople cannot avoid material costs.
tion, respondents were convinced that if you do When it comes to administrations at various
everything according the law then the need to pay levels of the government and their involvement in
a bribe disappears. One respondent said: “With large corruption, the respondents noted patterns of pro-
businesses, tax service is like silk; small and medium portional growth of corruption and arrogance re-
businesses have frequent problems.” Considering garding officials at higher levels of centralization
that it is the tax office entrepreneurs most frequently (city vs. region vs. state). Entrepreneurs noted the
deal with (e.g., monthly for reporting, frequent valuable support of the Lviv city council (mis’ka
checks), such a tendency inspires hope. administratciia), however.
The customs office was recognized as one of the Two-thirds of respondents acknowledged the ex-
most corrupt institutions in the country. However, istence of bribery in public institutions, with the
according to the respondents, there have recently size of the bribe ranging from 1% to 35%, depending
been noticeable improvements at the customs of- on several factors:
fice. Those who do not want to pay bribes may do
everything right without problems: “It was once  Institution to which the payment goes;
that we always gave bribes; now the customs office
isn’t given bribes.” But there is still a considerable  Company size;
number of businesspeople who use bribes to simpli-
fy or accelerate work with customs representatives  Company revenue/turnover;
and who act as initiators for the involvement of
informal practices in cooperation processes. Very  Industry in which the company operates; and
often, companies use a broker to get things done. It
should be noted that only those respondents whose  Other specific factors such as the total value of
companies deal with the export or import of goods the goods (when talking about the customs office)
and services are affected by this institution. or the penalty (when it comes to tax).
The involvement of the judicial system in corrup-
tion was omitted by the respondents, perhaps be- Respondents also indicated that state officials deal
cause some of them decided to appeal to the court to with various companies differently. It was recog-
solve the issue of unofficial payments demanded nized that pressure on small and medium-sized
by representatives of other government institutions enterprises is much greater than on big ones,
(e.g., the tax office). Describing a run-in with the and that foreign companies rarely face the extor-
office that handles fire inspection, one respondent tions domestic firms do: “Without these payments
complained about a moratorium violation: “They it is practically impossible to do business.” Only a
few respondents demonstrated a lack of experi-
ence and/or a recent abandoning of bribery to
2
NB: They spoke on condition of anonymity. officials.
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10 E. Denisova-Schmidt, Y. Prytula

Table 5. Anti-corruption strategies


Strategy never seldom sometimes often systematically hard to say/no answer
Buffer strategy: the use of 15% 32.5% 20.8% 10.0% 5.8% 15.8%
subcontractors, agents, and third n = 18 n = 39 n = 25 n = 12 n=7 n = 19
parties to work with regional
authorities and regulatory agencies
Allocation of annual budget for 37.5% 24.2% 14.2% 4.2% 3.3% 16.7%
developing informal relationships n = 45 n = 29 n = 17 n=5 n=4 n = 20
with representatives of regional
authorities and regulatory agencies
Proactive proposals to regional 35% 29.2% 15% 5.8% 0.8% 14.2%
authorities and regulatory agencies n = 42 n = 35 n = 18 n=7 n=1 n = 17
on cooperation programs and
methods
Creation and dissemination of Codes 19.2% 18.3% 22.5% 15.8% 14.2% 10%
of Corporate Behavior n = 23 n = 22 n = 27 n = 19 n = 17 n = 12
Active briefing of partners on the 24.2% 29.2% 15% 11.7% 8.3% 11.7%
company’s rules and standards for n = 29 n = 35 n = 18 n = 14 n = 10 n = 14
working with government and
regulatory agencies
Training of managers and regional 16.7% 19.2% 23.3% 16.7% 12.5% 11.7%
staff in the internal rules of n = 20 n = 23 n = 28 n = 20 n = 15 n = 14
interaction with counterparties
Creation of alliances with other 23.3% 24.2% 15.8% 12.5% 9.2% 15%
companies in the region to counter n = 28 n = 29 n = 19 n = 15 n = 11 n = 18
unscrupulous actions by
representatives of the authorities or
the regulatory agencies
Use of the media to counter 25.8% 33.3% 11.7% 10% 5.0% 14.2%
unscrupulous actions by authorities n = 31 n = 40 n = 14 n = 12 n=6 n = 17
or regulatory agencies
Use of the courts to counter 29.2% 30.0% 10.8% 5.8% 10.0% 14.2%
unscrupulous actions by authorities n = 35 n = 36 n = 13 n=7 n = 12 n = 17
or regulatory agencies
Formal approaches to state officials 29.2% 32.5% 15.0% 3.3% 5.0% 15%
to counter unscrupulous actions by n = 35 n = 39 n = 18 n=4 n=6 n = 18
regional and community authorities
or regulatory agencies

According to the respondents, at the customs regulatory institutions, and (4) training managers
office 2—3% of the total value of the imported goods and employees of regional departments on the
are paid; 10% of the monthly turnover is a common internal rules for cooperation with counterparties.
bribe for the tax office; and the acceleration and However, respondents indicated that these
simplification of obtaining a license costs between strategies are ineffective. We found the following
$100—200 USD. practices common among respondents, with varying
levels of success:
3.3. Possible remedies
1. Widespread use of contractors and subcontrac-
Do firms acknowledge the existence of corruption tors as a buffer strategy3;
and work to prevent it? Among all the named strat-
egies to mitigate corruption, the most frequently
used are (1) codes of corporate conduct, (2) inform-
ing counterparties on the rules and standards in 3
The use of subcontractors, agents, and third parties to work
cooperation with contractors, (3) government and with regional authorities and regulatory agencies.
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Business corruption in Ukraine: A way to get things done? 11

Table 6. Definition of the term corruption


Question: “What does corruption mean for you?”
Definition In the first place In the second place
(choose one) (choose one)
A necessity for business survival 5.8% 6.7%
A way of getting additional income 3.3% 5.8%
A crime 40% 12.5%
A part of doing business 8.3% 0.8%
A way of solving problems 7.5% 10.8%
Compensation for low income 0.8% 3.3%
A temporary situation 0.8% 7.5%
A tradition 3.3% 20.8%
A national peculiarity 4.2% 5.8%
Evil 10% 10.8%
State business 10.8% 11.7%
Politicians’ game 3.3% 3.3%

2. Court appeals to counter the unscrupulous ac- We observed a large number of respondents
tions of the regional authorities and regulatory with ambivalent attitudes toward corruption.
representatives seems to be the most productive Corruption might be for them both a crime and
recourse; and a tradition. The definition of ‘politicians’ game’
evoked, in different cases, irony, laughter, and
3. Planning an annual budget for the development fatalism; “a way of solving problems” was men-
of informal relationships is ridiculous and unre- tioned most often with negative implications. “A
alistic. necessity for business survival” was accompanied
by complaints about the difficulties of doing busi-
The most promising strategy for entrepreneurs is ness on the domestic market, while “a national
forming alliances with other companies in the re- feature” was met with condescension. Hope was
gion to counter the unscrupulous actions of officials. also expressed repeatedly concerning the tempo-
Such alliances (formal or otherwise) were viewed rality of this phenomenon.
positively and categorized as information sharing,
spreading specific details on main market players,
contractor recommendations, co-financing proj- 4. Conclusion and outlook
ects, etc.
Respondents regarded making an official appeal Our studies underscored the fact that corruption
to national representatives as a way to counter has a long history and tradition in Ukraine, as well
officials’ unscrupulous actions as nonsense. The as in many other Eastern European countries.
appeal practice was argued against by noting Corruption is not always considered an obstacle,
that “corruption’s legs in our country are growing at least not at the firm level: only 7% of the
from the top” and “the fish rots from the head”; respondents saw corruption as a systematic ob-
thus, it makes no sense to promote such com- stacle for their business in 2013. Others replied
plaints and appeals up the bureaucratic system often (18%), sometimes (35%), seldom (23%), and
(see Table 5). never (17%) to the question: How often does
We asked our respondents to define corruption corruption hinder the development of your busi-
(see Table 6). This question turned out to be the ness? Compared to our 2013 survey, in 2015 the
most complicated from the position of choosing an number of CEOs and managers that considered
alternative and giving an unambiguous answer. corruption as an obstacle to their development
About 75% of the respondents complained about almost doubled, reaching 43%. However, 57% of
the difficulty of making a choice and spent much respondents did not consider it to be a problem. It
more time exploring the list of alternatives, even if seems that for many practitioners corruption can
their formulating was not complicated. be a helpful tool to optimize their own business
BUSHOR-1502; No. of Pages 13

12 E. Denisova-Schmidt, Y. Prytula

activities. This creates an ambivalent attitude


toward corruption (i.e., it can be both good and Acknowledgments
bad at the same time). As long as such ambiva-
lence exists, fighting corruption will be problem- This study was conducted with financial support
atic, especially in the endemically corrupt provided by the Center for Governance and Cul-
environment and the economic downturn that ture in Europe at the University of St. Gallen
Ukraine is currently experiencing. (GCE-HSG), Switzerland. The sponsor influenced
Can anything be done about corruption at the neither the research design nor the interpreta-
firm level in Ukrainian enterprises? Yes, if anti- tion of the results. The preliminary findings were
corruption measures would consider the functions discussed at the at the 12th Annual Danyliw
corruption serves and develop alternative solutions Seminar, Chair of Ukrainian Studies, University
based on this understanding (Marquette & Pfeiffer, of Ottawa, 10—12 November 2016, and at
2015). Enacting business-friendly laws that simplify the 49th Annual ASEEES Convention, Chicago,
bureaucracy, increase international exposure, and IL, U.S.A., 9—12 November 2017. We thank Dom-
focus the fight against corruption on specific prob- inique Arel, Olena Kryzhko, Johannes Leitner,
lems such as kickbacks or conflicts of interest in Hannes Meissner, Natalka Patsiurko and guest
purchasing (Shekshnia et al., 2017) might be addi- editors Joshua E. Perry and Hilary E. Kahn for
tional instruments to mitigate corruption. their valuable feedback.

Appendix. Firm characteristics

2013 survey (all Ukraine) 2015 survey (Western


Ukraine)
Firm size Small Medium Large Small Medium Large
Number of employees 29.14 97.20 655.08 13.72 108.41 545.60
Number of female employees 11.33 40.89 294.87 5.43 25.82 296.80
Change in the number of employees over 2.75 2.88 2.88 3.08 3.05 4.00
the last 3 years (1: reduced by more than
20%, 2: reduced by 5—20%, 3: did not
change, 4: increased by 5—20%, 5:
increased by more than 20%)
Year of firm establishment 1999.62 1995.12 1991.31 2005 2000.3 1997.78
Foreign ownership (binary) 0.02 0.08 0.12 0.06 0.14 0.40
Business-to-customer business model 0.76 0.73 0.69 0.89 0.82 0.60
(binary)
% products/services sold domestically 97.13 91.06 87.13 90.81 84.50 74.60
% products/services bought domestically 95.26 88.40 83.08 67.10 42.52 39.67
Business development in last 3 years (1: 3.27 3.52 3.63 3.55 3.23 3.60
very bad . . . 5: very good)
Business development expectations in 3.68 3.80 3.88 3.99 3.50 4.20
next 3 years (1: very bad . . . 5: very
good)
Corruption is a problem for development 2.79 2.80 2.69 3.14 3.40 2.90
(1: never . . . 5: systematically)
Number of observations 126 311 188 88 22 10
BUSHOR-1502; No. of Pages 13

Business corruption in Ukraine: A way to get things done? 13

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