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Research Questions

According to Chene's literature review (2019), amnesties have been offered predominantly for human rights abuses. Such amnesties are successful when they are conditional and have the purpose of facilitating the transition of political power after the end of an internal conflict.

So far, few amnesties have been offered for corrupt acts. Accordingly, there is little concrete experience of the effect of such offers. It therefore makes sense to thoroughly research the possibilities and difficulties of the concept "Amnesty in Exchange for Guilty Plea" specifically for Ukraine.

Guidelines for the Research Phase

The amnesty offer in the concept "Amnesty in Exchange for Guilty Plea" is based on the approach of the South African Truth and Reconciliation Commission (TRC) under Desmond Tutu (1994). Such an approach proved to be suitable when it came to facilitating rapid and peaceful change in a political system. The previous beneficiaries of a state of the system that is to be overcome must be assured that they will not be prosecuted for their actions in the past. Only with such a promise will they agree to give up their (unjustified) privileges and thus enable a peaceful change in the system. In the case of Ukraine after the war, it is about the transition to a society without corruption. This is a key prerequisite for the rapid reconstruction of Ukraine after the war.

As in the case of the South African TRC, the concept of "Amnesty in Exchange for Guilty Plea" combines a truth part (admission of guilt) with an amnesty part. For this reason, this concept cannot be compared with the existing institutions of sincere remorse in Ukraine and the amnesty possible in this context. Due to the paramount importance of the effective fight against corruption for the post-war reconstruction of Ukraine, it is justified to offer an amnesty that applies exclusively to corrupt acts. This is subject to the condition that the amnesty is only granted if the admission of guilt is complete and takes place before a certain cut-off date.

Another aspect to consider is that the concept of "Amnesty in Exchange for Guilty Plea" can only be effective if the population can be credibly assured that corrupt acts are more likely to be uncovered and punished more severely in the future than before the war.

These three aspects of the "Amnesty in Exchange for Guilty Plea" concept (system transformation, targeted at corruption, as a unique opportunity) form the guidelines for the future research of the "Eliminate Corruption, Reconstruct Ukraine" project.