Ukraine’s Experience in the Use of “Anti-Corruption Restrictions” for Public Servants in the Context of the Martial Law Regime
Ukraine’s Experience in the Use of “Anti-Corruption Restrictions” for Public Servants in the Context of the Martial Law Regime

Summary/Abstract: Hypotheses: Implementation of a «mixed» regulatory model of «anti-corruption» restrictions for civil servants as a prerequisite for the effective use of their resources under the martial law regime. Research description. The study analyses the «basic» regulatory model of «anti-corruption restrictions» for public officials and their regulatory model, which was intro- duced during martial law in Ukraine to ensure that the resource of the relevant anti-corruption instrument is relevant to the requirements of the times. The author substantiates the expediency of such a modification of the «basic» («standard») normative model of «anti-corruption» restric- tions, the maximum effectiveness of which is possible only under «standard» conditions of legal regulation of social relations, and which loses its effectiveness under special legal regimes (in the context of threats, new challenges, etc.). The author considers the relevant results of rulemaking in the field of anti-corruption in conjunction with the results of lawmaking in the state during the specified period and emphasises their synchronisation, which supports the preservation of the effectiveness of the potential of «anti-corruption» restrictions. The article aims to provide a detailed analysis of each resource and conditionally forms into two groups depending on modifying their regulatory and legal framework under the martial law regime. For instance, the first group author named as «hard» ones, the regulatory model of which is not subject to and cannot be subject to any changes (restrictions on the use of a person’s official position and officialpowers; restrictions for ex-servicemen) and the second as «soft» ones, the regulatory model of which may change for a certain period of time, with the obligatory preservation of their target orientation («gift» restrictions, restrictions on «external» activities, restrictions on joint work of close persons). The analysis of law enforcement materials by various anti-corruption actors over the last two years of the martial law regime in Ukraine allowed the author to confirm the effecti- veness of the relevant legislative changes and, as a result, to form a time-relevant legal framework for the fullest possible use of the resources of the relevant “anti-corruption” restrictions. Research methods: formal-logical, dialectical, special-legal, legal interpretation, comparative legal methods justify the research methodology. The research is based on legislative acts (the Law of Ukraine «On Prevention of Corruption» with amendments and additions), judicial and administrative practice materials, and doctrinal professional ­ provisions.

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