LEGAL FOUNDATIONS FOR DEVELOPING ANTI-FRAUD POLICIES IN ENTERPRISES: CHALLENGES AND PERSPECTIVES

In today’s global economic landscape, the proliferation of fraud poses a critical challenge to enterprises, demanding robust preventive strategies anchored in legal foundations. The formation of anti-fraud policies is not only an ethical imperative but also a legal necessity that reflects the evolving demands of corporate governance and regulatory compliance. The article seeks to investigate the legal infrastructure supporting anti-fraud initiatives in corporate settings and to analyze the multifaceted barriers that hinder their practical implementation. The relevance of the topic is driven by the increasing complexity of legal environments, the rise in transnational business operations, and the integration of digital technologies that reshape fraud typologies and legal liabilities. The study aims to identify the strengths and weaknesses of national and international legal instruments and their translation into enforceable internal governance mechanisms. The methodological approach combines doctrinal legal analysis, comparative legal study, and policy assessment. It includes the interpretation of statutory norms, the evaluation of enforcement trends, and the synthesis of regulatory practices across various jurisdictions. In addition, the research employs structured comparisons and scenario-based evaluations to explore the adaptability of legal frameworks in response to emerging digital threats and organizational challenges. The research also triangulates legal doctrine with real-world corporate compliance cases to identify systemic gaps between law and practice. The study finds that the existence of legal mandates alone does not guarantee effective anti-fraud policy implementation. Instead, success depends on the integration of these legal norms into internal compliance structures, the strength of enforcement bodies, and the organizational culture surrounding ethics and reporting. Countries with coherent whistleblower protection systems and harmonized compliance protocols demonstrate greater resilience to fraud. Moreover, the growing role of artificial intelligence and data governance presents both new risks and opportunities in refining legal frameworks. The practical value of this article lies in its capacity to guide policymakers, corporate lawyers, compliance officers, and enterprise leaders in designing anti-fraud policies that are legally sound, operationally viable, and technologically adaptive. It contributes to the development of legally embedded corporate integrity systems that transcend formal compliance and promote long-term institutional trust and sustainability.

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Publication Details

Journal
PUBLIC ADMINISTRATION AND LAW REVIEW
Published
2025-06-30
DOI
https://doi.org/10.36690/2674-5216-2025-2-90-98
Primary Topic
Ethics in Business and Education
Type
article
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article

LEGAL FOUNDATIONS FOR DEVELOPING ANTI-FRAUD POLICIES IN ENTERPRISES: CHALLENGES AND PERSPECTIVES

Waldemar Gajda
PUBLIC ADMINISTRATION AND LAW REVIEW
Ethics in Business and Education
article

LEGAL FOUNDATIONS FOR DEVELOPING ANTI-FRAUD POLICIES IN ENTERPRISES: CHALLENGES AND PERSPECTIVES

Waldemar Gajda
article en

Abstract

In today’s global economic landscape, the proliferation of fraud poses a critical challenge to enterprises, demanding robust preventive strategies anchored in legal foundations. The formation of anti-fraud policies is not only an ethical imperative but also a legal necessity that reflects the evolving demands of corporate governance and regulatory compliance. The article seeks to investigate the legal infrastructure supporting anti-fraud initiatives in corporate settings and to analyze the multifaceted barriers that hinder their practical implementation. The relevance of the topic is driven by the increasing complexity of legal environments, the rise in transnational business operations, and the integration of digital technologies that reshape fraud typologies and legal liabilities. The study aims to identify the strengths and weaknesses of national and international legal instruments and their translation into enforceable internal governance mechanisms. The methodological approach combines doctrinal legal analysis, comparative legal study, and policy assessment. It includes the interpretation of statutory norms, the evaluation of enforcement trends, and the synthesis of regulatory practices across various jurisdictions. In addition, the research employs structured comparisons and scenario-based evaluations to explore the adaptability of legal frameworks in response to emerging digital threats and organizational challenges. The research also triangulates legal doctrine with real-world corporate compliance cases to identify systemic gaps between law and practice. The study finds that the existence of legal mandates alone does not guarantee effective anti-fraud policy implementation. Instead, success depends on the integration of these legal norms into internal compliance structures, the strength of enforcement bodies, and the organizational culture surrounding ethics and reporting. Countries with coherent whistleblower protection systems and harmonized compliance protocols demonstrate greater resilience to fraud. Moreover, the growing role of artificial intelligence and data governance presents both new risks and opportunities in refining legal frameworks. The practical value of this article lies in its capacity to guide policymakers, corporate lawyers, compliance officers, and enterprise leaders in designing anti-fraud policies that are legally sound, operationally viable, and technologically adaptive. It contributes to the development of legally embedded corporate integrity systems that transcend formal compliance and promote long-term institutional trust and sustainability.

PUBLIC ADMINISTRATION AND LAW REVIEW(2(22))
Warsaw Management University (PL)
Openalex Percentile: Top 84%
Ethics in Business and Education
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