Plastun M. The role of institute of the head of state in shaping and realization of national anti-corruption policy: general theoretical research

Object of research - social relations that arise in connection with the participation of the head of state in the formation and implementation of anticorruption policy. The subject of the study is a theoretical and legal description of the role of the head of state institution in the formation and implementation of anticorruption policy. Within the framework of the study, a number of theoretical and practical provisions and conclusions are formulated, in particular: for the first time: - the institutional tasks and powers of the President of Ukraine as an important political and legal component of the process of strategic formation and tactical implementation of the state anti-corruption policy are systematized; - it is substantiated that in the countries with a presidential and mixed form of government, the head of state institution objectively acquires the features of the main and decisive subject of the process of formation and implementation of anticorruption legal policy; - it is proved that the responsibility of the head of state to form and implement the anti-corruption legal policy of the country is determined primarily by the prerogative and universal functions of the President of Ukraine, that is, functions of the sole authority of this institution, in particular, the function of ensuring state sovereignty and national security, as well as the function of ensuring implementation the basic rights and freedoms of citizens, etc .; - the author's model of system reform of the National Council on anticorruption policy under the President of Ukraine was proposed by expanding its functions as an advisory and auxiliary body, strengthening the existing staffing of this council by the relevant heads of higher authorities (including law enforcement agencies), as well as her leadership directly by the President of Ukraine, which will thus assume personal responsibility for the state of corruption in the state; - the necessity of codification of anti-corruption legislation and adoption of the Anticorruption Code of Ukraine have been substantiated, taking into account the existence of conflict rules and gaps in the current anti-corruption legislation of Ukraine; improved: - methodological principles of the study of corruption as a socio-legal phenomenon in modern conditions of state-legal development, built on the use of a broad interdisciplinary approach; - the provision on the necessity of the formation and functioning of a special apparatus of the head of state designed to promote the comprehensive provision of all areas of its anti-corruption state activity; - doctrinal approaches to determining the role and place of the head of state in the development and implementation of anticorruption policy of the state; - typology and classification of the phenomenon of corruption, which stipulates the separation of the "elitist" type of corruption, corruption of the middle echelons of power, "grassroots" corruption and corruption from poverty, and also emphasizes the important role of the head of state in counteracting corruption; got further development: - the position on the coordinating role of the President of Ukraine in the process of formation and implementation of anticorruption legal policy; - theoretical position on the important role of the subjective factor in overcoming corruption, first of all, the political will of the head of state; - the argumentation of the thesis that the key to the success of the anti-corruption struggle is to develop a long-term anti-corruption strategy that is comprehensive and systematic; - the scientific idea that the basis of the system of overcoming corruption lies in the principle of minimizing the difference in incomes of the richest and poorest citizens of the state, which prevents the processes of social stratification of society and promotes the establishment of social consensus, and at the same time leads to the elimination of the very causes of corruption manifestations.