Hedulianov V. Administrative and legal principles for the prevention of corruption and corruption-related offenses

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100626

Applicant for

Specialization

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

10-06-2020

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The dissertation proposes to solve a scientific problem, which consists in a comprehensive study of the nature and features of administrative and legal principles for the prevention of corruption and corruption-related offenses, substantiation of directions and ways of improving administrative legislation and enforcement in this area. In chapter 1 "Methodology for investigating the administrative and legal principles prevention of corruption and corruption-related offenses" it is justified the identifying features of corruption that should be taken into account when formulating an approach to addressing the administrative and anti-corruption framework. These include: purpose - to satisfy personal, group or corporate interests against the interests of the state, society; the connection with public-authority activity, while the possibility of committing corruption in the private sector; the subject may be one or more persons; the material nature of corruption; the deviant nature of the subject's behavior; the immorality of the behavior of a person who commits or takes part in committing a corrupt act; committing actions that do not meet the requirements (criteria) of integrity. In chapter 2 "Legal content of administrative activities for prevention of corruption and corruption-related offenses" the concept is substantiated, types and forms of administrative activities for the prevention of corruption and corruption-related offenses are highlighted. Administrative activities for the prevention of corruption and corruption-related offense is defined as a specific, executive, regulatory, state-governmental activity, regulated by the rules of administrative law on the application of preventive and punitive measures aimed at minimizing the manifestation of corruption, leveling the determinants of corruption, preventing the commission of facts of corruption, bringing the perpetrators to justice. In chapter 3 "Topical issues of administrative and legal regulation of prevention of corruption and corruption-related offenses" the legal importance of applying a risk-oriented approach to preventing corruption and corruption-related offenses, which is to detect "markers" the existence of which indicates high likelihood of committing a corruption and corruption-related offenses is disclosed. It is justified that the expediency of joining the scientific approach, by which the corruption risk is determined from the standpoint of a certain situation, which can lead to or actually lead to committing a corruption offense, allows to identify the cause of the occurrence, as the situation can be considered in legal value as a legal fact. Topical issues of improving of administrative responsibility for corruption and corruption-related offenses, taking into account Ukraine's international obligations to counteracting corruption, are explored. The new structure of the Law of the Ukraine On Prevention of Corruption and other amendments to the current legislation are proposed.

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