Kikalishvili M. Theoretical and applied bases of formation and realization of strategy and tactics of counteraction to corruption crime

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101703

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

21-04-2021

Specialized Academic Board

Д 08.727.04

The Dnipropetrovs’k State University of Internal Affairs

Essay

In the dissertation on the basis of generalization of concepts of domestic and foreign scientists, legislation and long-term practice of law enforcement agencies of Ukraine and other countries scientific positions are developed and results which together solve an important scientific problem of formation of the integral concept of strategy and tactics of counteraction to corruption in Ukraine. The whole pluralism of scientific opinions on the conceptual apparatus of counteracting and preventing corruption is analyzed, a comprehensive review of anti-corruption strategies of foreign countries is carried out, and a list of measures to improve strategic and tactical directions of combating corruption crime in Ukraine is proposed. The author's definition of the term "corruption crime" is given, by which the author understands the dangerous acts provided for in the provisions of the Criminal Code of Ukraine, which contain signs of corruption and are committed by an official of a state or local government using his official position for personal gain, selfish motives and other personal motives. interest or to satisfy the interests of third parties. For clarity, according to the Ministry of Internal Affairs of Ukraine (reports on the state of anti-corruption for 2013-2019 on the form № 1-KOR) formed a table "Criminal law structure of corruption crimes in Ukraine in the dynamics of 2013-2019." The author's definition of "measures to combat corruption crime" is given, which should be understood as a set of actions and / or means by which complex and multifaceted activities are implemented, which combines elements of social management with private and public initiatives and aims to create obstacles committing acts of corruption, resisting their spread, as well as responding appropriately to those acts that have already manifested themselves in the actual offenses committed. A number of specific proposals and recommendations aimed at achieving financial self-sufficiency of domestic media have been formulated, which should be reflected in the level of their autonomy, which is necessary for the implementation of important preventive actions. Proposals for improving the strategy and tactics of combating corruption crime are highlighted, the main of which are the following: building a modern and progressive national Strategy for anti-corruption development of the country; further development of the system of anti-corruption bodies; creation of a truly independent judiciary; amendments to the Criminal Code of Ukraine to streamline the inconsistencies and miscalculations contained in the articles on criminal prosecution for corruption; to take actions aimed at raising the legal awareness of citizens, to carry out educational activities on the phenomenon of corruption among the population, raising awareness of the latter and promoting the formation of anti-corruption culture; to establish a permanent research committee at the Ministry of Justice of Ukraine to study the phenomenon of corruption, its modifications and to develop scientific methods of preventing corruption, based on data obtained through research and state monitoring. Without real political will, it is impossible to reform any sphere, especially anti-corruption. If the economic situation in the country is unstable, then no matter how good the laws are, they are simply impossible to implement. Negotiation in state organizations, bureaucratization of processes, meager wages, unclear laws that help to avoid criminal liability, negligent behavior of law enforcement officials and judges leads to general frustration of society and their unwillingness to mobilize for active anti-corruption activities. A true assessment of government corruption, the extent of corruption, the nature of corruption helps to properly assess the situation with corruption, its structure, predict its possible development and consequences, to form effective strategies and tactics of anti-corruption activities, and to identify adequate means to prevent corruption.

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