In the national science of administrative law this research is one of the first
comprehensive studies of corruption in Ukrainian units and institutions of execution
of criminal punishments and administrative and legal principles, methods and
techniques of its prevention.
As a result of the research, the essence, content and features of the
administrative and legal principles for the corruption prevention in the units of
criminal punishments execution have been elucidated. Specific features and
legislation framework for this type of legal activity have been characterized as well.
A number of scientific provisions, conclusions, proposals and practical
recommendations for improvement of the legislation and its application by the
public administration bodies in this area have been given.
The analysis of a number of elements of conceptual and categorical
apparatus, that are being used in the field of the corruption prevention in Ukrainian
units of execution of criminal punishments has been made on the basis of theoretical
development of administrative and legal science, national and foreign legislation
and law application practice of public administration bodies. Among these elements
are "corruption in the system of units and institutions of execution of criminal
punishments in Ukraine", "corruption prevention", "administrative measures of
corruption prevention", "settlement of the conflicts of interests", "competition for
positions in the system of units and institutions of execution of criminal
punishments" and "requirements to the conduct of competition for state service
positions", "state officer’s rotation" and their types. Attention has been drawn to the
ambiguity in interpretation of these terms and categories in different sources, as
well as the contradictions between them.
It has been found that corruption in the system of units and institutions of
execution of criminal punishments in Ukraine is a public relationship caused by
illegal actions of individuals aimed at obtaining property and non-property services,
benefits and advantages and committed with the use of their status and related
opportunities by the employees of units and institutions of execution of criminal
punishments, as well as bribing of these persons by means of illegally providing
them with these the benefits, services and advantages in order to obtain certain
privileges. It has been proven that corruption relations in the Ukrainian units and
institutions of execution of criminal punishments contribute to other types of
offenses: illegal trade, illegal delivery of prohibited items to penitentiary facilities;
ensure formation and replenishment of criminal budgets in criminal communities,
etc.
The analysis of the genesis of corruption as a social phenomenon has been
carried out along with the mechanism and methods of its penetration into the system
of units and institutions of execution of criminal punishments in Ukraine. The
conclusion has been made that the phenomenon of corruption in the system of units
and institutions of execution of criminal punishments in Ukraine ascends in its roots
to the origins of the penitentiary system. Existence of the corruption as a socio-legal
phenomenon is an objective expression of its consistent development in general in
the administrative mechanism due to both the specifics of public administration of
each historical period and imperfection in current legislation.
The phenomenon of torture of prisoners as a mean of obtaining illegal
benefits by administration of penitentiary facilities has been researched.
The analysis of the system of principles in the organization of corruption
prevention in the Ukrainian units of execution of criminal punishments has been
carried out. It has been found out that such activities should be based upon a stable
and comprehensive system of legal principles, which are when implemented will
create an effective anti-corruption mechanism, allowing to reach objectives and
achieve goals. It has been substantiated that the grounds for regulation of anticorruption activities in the units and institutions of execution of criminal
punishments in Ukraine should be based upon following principles: supremacy of
law; legality; comprehensive implementation of legal, political, socio-economic,
informational and other measures; priority of preventive measures; the inevitability
of liability for corruption offenses; openness and transparency of public
administration bodies and others.
As a result of the research into the system of administrative and preventive
measures for corruption prevention in the units and institutions of execution of
criminal punishment in Ukraine, their classification by types of organizational
activities has been proposed ad follow: economic, social, ideological, sociopsychological, organization and management, legal.
