Аctual problems of improving anti-corruption legislation of Ukraine Cover Image

Актуальні проблеми вдосконалення антикорупційного законодавства України
Аctual problems of improving anti-corruption legislation of Ukraine

Author(s): O. Klok
Subject(s): Law, Constitution, Jurisprudence
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: administrative corruption offences; prevention and combating administrative corruption offences; anti-corruption legislation of Ukraine

Summary/Abstract: Nowadays Ukrainian society is faced with many undetectedand hard overcomable problems, a specific place among which is held by the fact ofextent of corruption offences.In October 2014 with the purpose of negotiation of this problem an “anticorruptionraft of legislation” was adopted by the President of Ukraine. At the sametime the legislator noticed, that the National anti-corruptive strategy for the years2011-2015, approved by the Decree of the President No 1001, didn’t become aneffective instrument of anti-corruption policy, and the previous attempts to adjust themechanism of prevention and overcoming of this occurrence by means of law turnedout to be ineffective and unsuccessful. But haste of such reforming caused formationof many uncertainties and inconsistencies at a later time. So, direct the newlegislation of Ukraine that is directed to the prevention and fight againstadministrative corruption offences has at its bottom many disputable matters (pointsat issue), improvement of which is urgent for appropriate and effective reformingprocess initiation in our state.Recent research and publications analysis. The works of L. A. Arkusha, L.V. Bilinska, V. T. Bilous, G. M. Borzenkov, O. U. Busol, S. A. Butkevich, A. I.Dolgova, D. G. Zabroda, P. A. Kabanov, A. G. Kalman, V. M. Kirichko, V. S.Komisarov, O. M. Kostenko, V. M. Kuts, M. I. Melnik, E. V. Nevmerzhitsky,S. S. Rogulsky, P. G. Ponomarov, E. D. Skulish, N. I. Havronyuk, N. M. Yarmyshand other scientists are devoted to the research of the mechanism of prevention andovercoming of corruption offences.Paper objective. The purpose of this paper is the research of the modern anticorruptionlegislation of Ukraine, definition of some disadvantages of the statutoryregulation of the mechanism of prevention and combating administrative corruptionoffences and its improvement by means of introduction of amendments to theappropriate statutory regulations.Paper main body. The research of the content of the new anti-corruptionstatutory basis gives possibility to report the existence of the whole range ofdisadvantages. The final objective of every reform is in the strengthening andrenovation of state principles, the adoption of new laws must not only assist therenewal of the mechanism of prevention and combating corruption offences, but alsocontribute to the removal of the disadvantages and neglects of the previous legislativeattempts to settle this problem.In the first part of the article 1726 of the Code of Ukraine of AdministrativeOffences under the disposition of administrative corruption offence the legislatordetermined the fact of the untimely submission of the Declaration about property,revenue, expenditures, and obligations of financial character. In the same time hedisregarded the subjective part of such impact.The problem of “getting presents” by public officers, which is a subject ofstatutory regulation of every anti-corruption reform, wasn’t also forgotten bylegislator.We pay special attention to the imperfection of the procedure of financialcontrol, as an obligatory component of prevention of corruption offences. In thisconnection we emphasize the necessity of introduction of amendments to the terms 7,8, 9 of the part 1 of the article 46 of the Act of Ukraine “About Prevention ofCorruption”.Conclusions of the research. In October 2014 after the adoption of new anticorruptionlaws at the beginning of realisation of Anti-corruption policy in Ukraine(Anticorruption strategy) for years 2014-2017 a new system of combating corruptiontook action in Ukraine. The characteristic feature of the new anti-corruption policy iscreating of conditions, which would make the implementation of corruptionadministrative offences totally impossible. But on the present stage, the new Act ofUkraine “About Prevention of Corruption” has an appreciable set of disadvantages;some of them were lightened by us in this work. So, the disregard of its improvementcan lead to failure and disrupt the whole reformative process in our state as aconsequence.

  • Issue Year: 1/2015
  • Issue No: 07
  • Page Range: 20-20
  • Page Count: 17
  • Language: Ukrainian