Shymon O. Restrictions and prohibitions as the means for preventing administrative offences related to corruption in the activity of civil servants in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100116

Applicant for

Specialization

  • 081 - Право. Право

18-03-2020

Specialized Academic Board

ДФ 17.051.005

Zaporizhzhia National University

Essay

The paper conducts the systems analysis of restrictions and prohibitions as the means for preventing administrative offences related to corruption in the activity of civil servants of Ukraine, specifies the problems in their legal regulation and law enforcement practice, defines the prospects for improvement of the application of such restrictions and prohibitions providing proposals on solution of the found problems. The author analyses “restrictions” and “prohibitions” as the very legal categories. The etymology of the words “restriction” and “prohibition”, their correlation between each other and with related and synonymic concepts is studied, and the author’s interpretation of the content and essence of the mentioned terms is proposed. It is highlighted a range of features which characterize restrictions and prohibitions as the legal categories (they are defined in the regulatory legal acts; they are ordered to prevent the possible manifestation of abuse of justice; they are connected with “narrowing” of the legal status of the individual; they set out a specific behaviour model, in particular – active that is to act within limits; prohibitions – passive i.e. to refrain from the commitment of illegal actions; they exercise the protective and guarding function of social relations; their violation is fraught with a backlash of the state.

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