Zaiats V. Legal Status of a Prosecutor in Administrative Proceedings in Cases of Corruption Offenses

The actuality of the research is due to the need of the implementation of the recommendations of the European Commission regarding the status of Ukraine for EU membership in terms of: 1) overcoming corruption; 2) improvement of the instrumental apparatus of administrative delictual law through doctrinal study of such legal institutions as: administrative offense, administrative liability, administrative penalty, measures of administrative influence and other legal relations directly related to administrative corruption delict; 3) formation of a clear and effective mechanism for the functioning of administrative justice bodies, in particular of the prosecutor's office, by determining the composition of their competence, regulating the procedure for proceedings in cases of administrative corruption offenses. As a result of the research, a systematic analysis of the achievements of domestic and foreign jurisprudence, the current legislation of Ukraine and foreign countries, EU law regarding the legal status of the prosecutor in administrative proceedings in cases of corruption offenses, the scientific task of improving the legal status of the prosecutor in the field of corruption administrative offenses prevention was solved and offenses related to corruption, certain theoretical conclusions were formulated as well as a number of proposals for national legislation in the researched area were developed. Attention is focused on the study of the concept of «corruption» and the relationship between the concepts of «corruption offense» and «corruption-related offense». On the basis of a detailed analysis of domestic and foreign anti-corruption legislation, the scientific position regarding the impracticality of applying the normative definition of «corruption» at the legislative level in connection with the dynamic social nature of this phenomenon, which causes the complexity and slow adaptation of the established definition to rapidly changing social relations, has been further developed and reduces the level of effectiveness in the field of anti-corruption. In the course of characteristics of the relationship between the concepts of «corruption offenses» and «corruption-related offenses», the approach according to which they are distinguished by the object of the offense has been supported. An analysis of the reasons of the conflict of the norms of the Law of Ukraine «On Prevention of Corruption» (which provides for all types of legal responsibility for corruption offenses, except for administrative ones) and Chapter 13-A of the Code of Criminal Procedure «Administrative Offenses related to corruption» (which includes both corruption offenses and offenses related to corruption), and it has been determined that they include the ill-considered adaptation of the national legislation by the Ukrainian legislator to the requirements of the anti-corruption legislation of the EU countries, which does not take into account the traditional understanding of the legal system inherent in Ukraine. It has been suggested to supplement the types of responsibility specified in the Law of Ukraine «On Prevention of Corruption» for corruption offenses with administrative responsibility.