Bondarenko O. The concept of criminal-legal counteraction of corruption in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U102052

Applicant for

Specialization

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

16-09-2021

Specialized Academic Board

Д 08.727.04

The Dnipropetrovs’k State University of Internal Affairs

Essay

The thesis provides a theoretical generalization and offers a new solution to the scientific problem. This problem is to develop based on existing scientific approaches analysis, current domestic and foreign legislation, and practice of implementing a comprehensive, scientifically, and practically defensible concept of the criminal legal fight against corruption in Ukraine based on a branching approach. The object of the thesis is public relations that arise in the process of combating corruption in Ukraine. The subject of the thes is concept of criminal-legal counteraction of corruption in Ukraine. The genesis of the scientific and legal development of the notion of "corruption" from ancient times to the present is highlighted. Some vital scientific works were analyzed on corruption as a negative socio-economic phenomenon, the problem of combating corruption at all levels and areas, and the investigation of corruption. It was established that an essential element of the success of scientific research is the choice of the correct methodology, which would fully ensure the complexity and systematization of study and would develop such conclusions and recommendations that will be important for scientific and practical activities. It was emphasized that the phenomenon of corruption is highly complex and the notion that denotes this phenomenon. The main aspects of forming the notion of "corruption" were highlighted: historical, international, foreign, legal, and doctrinal. It is substantiated that the concept of "corruption" is interdisciplinary and widely used, as it is studied not only by specialists in the field of law, but also by sociology, political science, economics, public administration and psychology It was proposed to classify corruption on the following grounds: the pace of development, areas of implementation, frequency, sustainability, level of organization and spread of corruption, sectoral orientation, the form of expression. The essence of the concept of "anti-corruption, " a symbiotic combination of prevention and control, is described. Emphasis is placed on the justification of the position on the identification of combating corruption and anti-corruption policy. The nature of anti-corruption principles has been formed and revealed. It is proposed to divide the principles of anti-corruption into general, i.e. specific to all branches of law, and special, which are specific only to anti-corruption activities and due to its specifics. The preconditions for the emergence of the notion of "criminal offense" were studied. The practicality of supplementing the anti-corruption legislation with the notion of "corruption criminal offense" was emphasized. The signs of a criminal corruption offense are thoroughly analyzed. There are several grounds for the classification of corruption offenses: by type of generic object by the organization of grouping in the note's text to Art. 45 of the Criminal Code of Ukraine, for the completeness of the signs of corruption, for the subject, for the investigation. The need to criminalize three administrative offenses related to corruption has been proven. First, violation of statutory restrictions on the receipt of gifts. Second, violation of the requirements for the prevention and settlement of conflicts of interest. Third, failure to take measures to combat corruption. It was found that, given the importance of the task of combating corruption, the state has developed an extensive and relatively closed system of specialized anti-corruption bodies. At the same time, certain strategic powers in the field of anti-corruption were retained by bodies of general competence (the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine). Moreover, almost all state and local government bodies have acquired specific anti-corruption competencies.

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