Kaluhina I. O. The theoretical and legal foundations for shaping the anti-corruption legal policy in Ukraine. – Qualifying scientific work published as a manuscript.
Thesis for the scientific degree of Doctor of Philosophy in speciality 081 "Law". Zaporizhzhia National University, Zaporizhzhia, 2025.
In the paper, the theoretical and legal foundations of shaping the anti-corruption legal policy in Ukraine are established based on modern scientific developments of actual problems in the general theory of state and law, a comprehensive analysis of normative sources, generalization and systematization of the main provisions of branch legal sciences on anti-corruption policy, and modern legal experience.
Describes the genesis of the corruption phenomenon understanding in modern science, the state of the issue development, and reveals the directions and aspects of the problem under research that require more detailed examination. Five main periods in understanding corruption and anti-corruption policy are identified and characterized. The paper proves that the correlation of the concepts of "state policy", "anti-corruption policy" and "anti-corruption legal policy" is revealed through the correlation of the concepts of the general, the specific, and the individual. It is proved that the normative and legal foundations for shaping the anti-corruption legal policy in Ukraine are closely related to the interpretation of corruption as a global complex problem, which determines the coexistence of several strategies for preventing and combating corruption and a row of scientific approaches to solving the existing problems, shaping anti-corruption policies. The common features of the anti-corruption policy and the anti-corruption legal policy as well as the peculiar features of the anti-corruption legal policy are characterized by their scope and apparatus, approaches, implementation methods, and implementation subjects. The main subjects of the anti-corruption legal policy and the scope of their powers are described, and the main problems in their activities being highlighted. The author's interpretation of the concept of "anti-corruption legal policy" is proposed. In contrast to anti-corruption legal policy, anti-corruption policy is a broader concept, and, in addition to legal means and measures, it covers political, economic, ideological, organizational, technical, and financial ones. It is proved that the normative legal basis for shaping the anti-corruption legal policy in Ukraine is related to the processes of understanding corruption as a global problem, recognizing the need to fight against corruption and adopting legal acts aimed at preventing and combating corruption at the international, European and national levels, recognizing and implementing the international and European anti-corruption standards. The main legal acts at the international, European and national levels that lay the regulatory ground for the anti-corruption legal policy in Ukraine are identified and characterized. Based on the generalization of the scientific views and major provisions of the current legal acts, the main interdependent stages of shaping the anti-corruption legal policy are determined.
Summarizes the current foreign experience in shaping anti-corruption legal policy and proves that the development, adoption and implementation of the anti-corruption strategy as a normative legal act of a strategic nature in the anti-corruption field is recognized as an important element and source of stable, long-term practical implementation of the anti-corruption legal policy, which positively affects the overall social and legal development of society and the state. It is justified that strategic planning is a key factor in achieving sustainable, long-term comprehensive results in the fight against corruption. A system approach is fundamental in shaping anti-corruption strategies and an anti-corruption legal policy, which allows ensuring its multi-aspect character, complexity, flexibility and ability to adapt to changes, operational and content isolation of the anti-corruption legal policy, interdependence and connectivity of its elements. The problems of shaping and implementation of the anti-corruption legal policy of Ukraine in the context of European integration at the regulatory, institutional and implementation levels are analyzed. The characteristic features of the anti-corruption legal policy of Ukraine in the context of European integration are substantiated. The main directions and means of optimizing the anti-corruption legal policy of Ukraine in the context of European integration at the regulatory, institutional and implementation levels are substantiated.
