Hrechko O. Administrative and legal status of subjects of combating corruption in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U001238

Applicant for

Specialization

  • 081 - Право

10-05-2024

Specialized Academic Board

ID 5058

Kharkiv National University of Internal Affairs

Essay

It has been argued that corruption is a transnational phenomenon and poses a threat to the entire global community. The combating of corruption in different countries is carried out with different effectiveness and in different directions, but it is obvious that an international anti-corruption strategy is needed, which will include various preventive and repressive measures. The author has established that one of the factors of effective counteraction to corruption in any State is the system of anti-corruption bodies which combines the efforts of citizens, NGOs and law enforcement agencies. It has been noted that the system of anti-corruption bodies in Ukraine is characterised by diversity and interaction of various structures. The author has proposed to classify anti-corruption bodies in Ukraine according to various criteria that reflect different aspects of their role and functions in combating corruption. Thus, according to the organisational level, anti-corruption bodies are divided into: 1) central authorities (National Agency on Corruption Prevention, National Anti-Corruption Bureau of Ukraine, Specialised Anti-Corruption Prosecutor's Office); 2) regional and local authorities (regional anti-corruption departments, local authorities with anti-corruption departments). According to their functional orientation, the actors of the anti-corruption system can be divided into those that investigate corruption offences (e.g. NABU and SAPO) and those that mainly carry out preventive measures and monitoring (e.g. NACP). According to the level of institutional dependence, anti-corruption bodies are usually divided into independent bodies, such as NABU, SAPO, NACP, which have the status of independent institutions with the right to conduct independent activities and make decisions, and anti-corruption and law enforcement agencies that are accountable to the government. It has been pointed out that among all domestic anti-corruption actors, the National Anti-Corruption Bureau of Ukraine has the most effective and efficient model of activity, which is why this body enjoys the support of the public and Ukraine's international partners. The author has characterised the legal framework for the activities of anti-corruption bodies in Ukraine, as well as scientific approaches to the classification of such legal frameworks. The author has attempted to classify the legal framework by the degree of legal force. It has been studied the provisions of the Constitution of Ukraine which constitute the primary legal basis for law enforcement and anti-corruption activities of anti-corruption bodies in Ukraine. It have been cited the relevant provisions of international treaties ratified by the Verkhovna Rada of Ukraine, laws of Ukraine, decrees of the President of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, orders of ministries, decisions and orders of Ukrainian anti-corruption bodies, etc. It has been emphasised that there are a number of other ways to classify the legal framework for combating corruption. It has been noted that political pressure and insufficient legislative support affect the weakening of the process of combating corruption in Ukraine for several reasons, including insufficiently effective institutions, political pressure, lack of funding and resources, lack of public support, and insufficient international cooperation. It has been argued that in order to improve the efficiency of anti-corruption and law enforcement agencies of Ukraine and to eliminate the above shortcomings, it is necessary to improve the current legislation regulating the tasks and functions of anti-corruption actors. The author has identified the key aspects of such improvement in view of their impact on the process of combating corruption in Ukraine, in particular, expansion of the NACP's powers, increase of transparency and openness in government, development of civil society, and international cooperation. The author has pointed out the need to strengthen control over the activities of anti-corruption and law enforcement officials, as well as the importance of improving their professional qualifications and ethical standards. It has been noted that ensuring high moral and professional performance of employees in these areas is of great importance for restoring public confidence in the authorities and the legal system as a whole. It has been emphasised that research and analysis of the tasks and functions of anti-corruption bodies in Ukraine are extremely important, since corruption remains one of the main threats to the country's development and violates the principles of justice, transparency and equality. It has been pointed out that the importance of understanding the essence of the tasks and functions of the entities involved in combating corruption is revealed in the unity of the following key aspects: ensuring efficiency of actions; ensuring transparency and openness; increasing public trust.

Research papers

Гречко О. В. Функціональний зміст завдань і функцій суб’єктів протидії корупції в Україні. Наше право. 2021. № 3. С. 224-229.

Гречко О. В. До питання компетенції та повноважень суб’єктів протидії корупції в Україні. Європейські перспективи. 2022. № 2. С. 226-232.

Гречко О. В. Питання формування та розвитку системи суб’єктів протидії корупції в Україні. Вісник кримінологічної асоціації України. 2023. № 3 (30). C. 177-185.

Гречко О. В. Зарубіжний досвід діяльності суб’єктів протидії корупції та можливості його використання в Україні. Право.UA. 2023. № 4. С. 213-218.

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