The complex special scientific research of criminal legal counteraction to corruption crimes has been carried out in the thesis. The concept of the mentioned counteraction has been grounded taking into account the current problems of anti-corruption activity and characteristics of corruption in Ukraine. This scientific research is based on the combination of findings accumulated within different fields of knowledge about the nature of corruption and its «immunity» from anticorruption legislation and ideas about updating criminal tools countering it.
Scientific results which have been obtained are important for science and practice also meet the requirements of scientific novelty. Thus, it has been established that despite the political will to counteract corruption in the echelons of power, higher political leadership in states with a significant spread of corruption is strongly involved into effectively functioning corruption networks of different levels. Therefore, it is objectively unable to formulate and enforce the model of real counteraction to corruption due to several reasons. Firstly, it is constantly influenced by informal rules of conduct that have emerged as a result of the institutionalization of corruption and has its own informal mechanisms of stimulation and pressure. And secondly, it is deeply dependent on other members of the corrupt pyramid (network) that carry out a significant, often informal, influence on the state political structures.
It has been substantiated that in the context of counteraction to corruption in Ukraine there is a differentiation of legal regulation of such a counteraction as a single phenomenon and at the same time as a way of organizing the normative field. As a result of such differentiation there are legal regimes for counteraction to corruption, winch have features depending on its sphere.
It has been established that within the legal framework of the Ukrainian anticorruption mechanism (the mechanism of legal counteraction to corruption in Ukraine) the following general legal regimes could be distinguished: 1) the legal regime for counteraction to corruption in the sphere of public administration, within which a special legal regime is established to combat corruption in higher levels of government; 2) the legal regime for combating corruption in the sector of public services; 3) the legal regime for combating corruption in the private sector; 4) the legal regime for corruption counteraction in the sphere of non-government activities; 5) the legal regime for combating corruption in the field of sports (official sports competitions).
It has been determined that the frontiers of anticorruption law are groups of rules of law, which are used alternately to counteract corruption and differ in purpose to influence the relevant legal relationship and taking into account the stage of the development of illegal activity (the emergence of risks, the commission of a socially dangerous act, the realization of assets, obtained as a result of this act) when the rules of a particular frontiers are to be applied.
It has been determined that in Ukraine, the multilateral mechanism of legal counteraction to corruption has a trilateral structure, where each of the frontiers has the appropriate elements (norms of law). The legal norms of the preliminary anticorruption frontier are a set of anti-corruption legal norms that, in order to prevent corruption, to eliminate corruption risk and (or) to prevent corruption, establish the following: 1) preventive anti-corruption mechanisms, and 2) the grounds for liability for behavior that is not yet a corruption crime but forms a certain corruption risk, the presence of which is already socially dangerous (corruptive crimes, delinquencies that create a corruption threat) or whose development makes the commission of corrupt crimes potential. The legal norms of the main frontier of combating corruption are a set of anti-corruption legal norms that establish the grounds for liability for acts that are corrupt crimes. The legal norms of the final frontier of counteraction to corruption are a set of anti-corruption legal norms, which establish the grounds for responsibility for behavior, or past acts of corruption (corruptive crimes of the main frontier) remaining latent.
The effective structure of the crime, which is such a crime, where the actus reus needs to establish only the results of a criminal act (socially dangerous consequences, products of criminal activity or other indicators of an act committed before, etc.). Taking into account the basis of a rebuttable presumption, it is possible to declare the commission of a socially dangerous an act that led to the indicated results.
The criminal law elements of the mentioned institute have been substantiated.
