Korniev O. Administrative and legal support for the prevention of official offences in the professional activity of employees of forensic institutions of Ukraine

The thesis provides a theoretical generalization and a new solution to the scientific task of defining the essence and revealing the peculiarities of administrative and legal support for the prevention of professional misconduct in the professional activities of employees of forensic institutions of Ukraine, as well as elaborating the areas for its improvement. The author has established that official offences, as an object of preventive activity, should be considered as acts (actions or omissions) committed contrary to the established legal order of exercise of official powers, which are based on non-performance or improper performance of official duties, abuse of authority or abuse of power, and for which a person may be held liable for a certain type of legal liability. It has been proved that an official offence is characterized by the following general (i.e., traditionally attributed to an offence) features: unlawfulness of the act; guilt of the person who committed it; his/her tort capacity; legal predictability of negative consequences for a person for committing such an act. The specific features of an official offence include the following: there is a special subject of offences - an official; the offence is directly related to the professional, official activity of such a subject; it arises from a violation of the requirements for the exercise of official powers and may be manifested in both active unlawful acts and omissions that constitute the content of their official function. It has been proved that persuasion, as a method of preventing professional misconduct in the professional activities of employees of forensic institutions of Ukraine, is a set (or a combination) of techniques and methods of non-coercive influence on the consciousness of these employees with the aim of forming a person's fundamental life attitudes and beliefs in the need for and expediency of lawful, disciplined, responsible behaviour. The basis of persuasion is the norms and principles of law and morality, which are implemented within the framework of legal and organizational, educational, explanatory, educational, polarizing and other measures. The author has highlighted the most positive foreign experience which should be used by the national legislator with a view to improving the prevention of professional misconduct in the professional activities of forensic institutions of Ukraine. It has been noted that the establishment of a line-functional type of organizational and managerial structure of the mechanism for preventing professional misconduct in the field of professional activity of employees of forensic institutions will ensure a combination of: on the one hand, a centralized management system with personal responsibility of line managers for the quality and effectiveness of decisions made and measures taken for the said prevention; and, on the other hand, a specialized, highly professional approach to solving the problems of preparing and implementing preventive work.