Polna O. The Administrative and Legal Mechanism for Restricting the Joint Activities of Closely Affiliated Persons in the Judicial System

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100358

Applicant for

Specialization

  • 081 - Право

30-08-2022

Specialized Academic Board

ДФ 61.051.044

Uzhhorod National University State Higher Educational Institution

Essay

The thesis is comprehensive legal research aimed at disclosing the juridical essence of the administrative and legal mechanism for restricting the joint activities of closely affiliated persons in the judicial system in Ukraine (hereinafter - ALMRACAP in the JS), as well as at identifying problematic issues of its functioning and developing specific proposals for improving the legal regulation of this mechanism considering the EU member states experience. The work gives a definition of the concept and discloses the main features, as well as characterizes the anti-corruption nature and significance of establishing administrative and legal restrictions on the work of closely affiliated persons in the judicial system, based on which there have been allocated the administrative-legal mechanism of restricting the work of closely affiliated persons in the Ukrainian judicial system. For comprehensive disclosure of the investigated mechanism content, a list of subjects, forms, and methods, basic procedures for ensuring the pointed restrictions in the specified system have been determined. To identify the compliance level of the current state of the national administrative and legal mechanism for restricting the joint activities of closely affiliated persons in the justice system with European standards and requirements, the principles of a similar legal regulation mechanism in the EU member states are outlined. Based on the analysis of the problems identified during the research and considering the experience of developed countries, the priority directions for the further development of the legal regulation of ALMRACAP in the JS have been formulated.

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