Yerenko D. The National Anti-Corruption Bureau of Ukraine in the mechanism of prevention of corruption

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003387

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

24-06-2019

Specialized Academic Board

К 17.127.07

Classic Private University

Essay

In the dissertation work the powers of the National Anti-Corruption Bureau of Ukraine in the system of bodies of prevention of corruption in Ukraine are determined. In connection with the need to increase the effectiveness of anti-corruption activities, it is proposed to extend the powers of the National Anti-Corruption Bureau of Ukraine in the matter of prosecuting corruption offenses of legal entities in case of revealing a common corruption interest of employees and / or if their unlawful actions are aimed at ensuring the corruption interest of a legal entity. The reasons of the low effectiveness of anticorruption legislation are determined and the ways of their overcoming are proposed: absence of complex legal regulation taking into account the extensive system of anti-corruption bodies, which necessitates constant, non-systematic adjustment of the legislation; the previous reason results in the following: weak coordination in carrying out anti-corruption measures by NABU employees with other authorized entities; a high percentage of cases that do not end with bringing the perpetrators to justice because of improper preparation of the evidence base. The dissertation traces the origin of legal regulation in the field of counteraction to corruption by officials of the National Anti-Corruption Bureau of Ukraine. At the same time, the tendencies towards the criminalization of acts that have signs of corruption are revealed. At the stage of the formation of modern anti-corruption legislation, the differentiation of such acts into corruption offenses and offenses related to corruption was carried out. The dissertation denies the effectiveness of the refusal of administrative influence on offenders in this area. The limitation of the use of administrative liability only to those who committed offenses related to corruption is not sufficient for effective anti-corruption activities. Therefore, it is proposed to make certain changes to the Code of Ukraine on Administrative Offenses. The system of administrative and legal measures to combat corruption is determined. In particular, an improved system of counteracting corruption offenders through the inclusion of actors that carry out anti-corruption measures of a special focus. This step will allow structural subdivisions of executive bodies and local self-government to more fully take into account the emergence of corruption-causing factors in particular sectors or sectors. Proposed ways to prevent conflicts of interest during service to the National Anti-Corruption Bureau of Ukraine: a) internal verifications conducted by authorized subdivisions of direct submission to the head; b) monitoring material and financial reporting of employees to the National Anti-Corruption Bureau of Ukraine for correctness and completeness of the data entered; c) control over the compliance of the material and financial condition of employees with their income, specified in the declaration; d) explanatory work among officials of the National Anti-Corruption Bureau of Ukraine on current anti-corruption legislation, current changes and methods of its application; e) work with the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations for the purpose of revealing facts of staying of employees of NABU as ultimate beneficiary owners (controllers). In addition, the author provides arguments to empower the National Anti-Corruption Bureau of Ukraine to address security issues for those involved in the anti-corruption activities of NABA and thus stimulate effective work to prevent corruption.

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