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In the article on the basis of the analysis of the content of general social prevention of corruption in Ukraine, the basic issues that need to develop scientific and improvement in regulatory levels, including taking into account international best practice.
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A problem of nepotism in the modern Ukrainian society is viewed as one of manifestations and powerful sources of corruption which shows itself as practice of placing one’s relatives, acquaintances, friends or persons within a high-ranked individual’s circle to certain offices without regard to their professional skills and training at other people’s expense. It has been underlined that a destructive result of the nepotism’s personnel policies lies in the fact that unfavourable psychological climate is established among the staff, «unhealthy» organizational set-up is formed, basics of teamwork are ruined, and employees who enjoy no protection lose motivation to fulfill their duties properly; as social lifts are broken, young and talented specialists have no opportunities to be promoted, improve their financial and social status, and this causes migration of an able-to-work, highly-trained portion of the population abroad. The above factors decrease work efficiency of employees in certain teams and lead to deterioration of growth indexes and rates of an institution (establishment, organization, etc.) which ceases developing. Attention is drawn to the fact that immorality and unlawfulness of nepotism manifests itself as ignoring interests of a community (society, state), especially at the state and local levels; as interests of merely a small group of people who are linked through family or mental relations; this causes conflicts between family clans in pursuit of domination over that certain area, and tension in the society. It has been emphasized, that Ukrainian officials justifying themselves by the fact that «tradition» of showing favouritism to relatives and friends is rooted in our people’s minds have made a wide use of practice of nepotism and have turned Ukraine to a «state of developed nepotism» for only twenty-five years. Manifestations of corruption with nepotism atop enhance as a number of officials increases, that’s why the size of the officialdom which shall not be greater than that established by the European regulations must be controlled. It has been concluded that in order to overcome the problem of nepotism in the Ukrainian society, these very personnel policies and similar discriminatory practices which are applied to recruitment in the state’s various agencies must be abandoned, and officials must be punished severely for their wrongdoings starting with the top authorities and administration. For that end, bearing in mind experience of advanced states which made success in their struggle against corruptive phenomena, the society and authorities should focus their efforts on activation of anti-corruption bodies’ work and enhancement of control over compliance with requirements of the Ukrainian legislation in force which sets limits on placement of immediate relatives to senior public offices and promotes prevention of corruption. Establishment of anti-corruption mentality in citizens and strong intolerance of public opinion to any sorts and forms of corruption in all spheres of public life shall be facilitated through educational institutions and the mass media on the basis of world-recognized educational standards.
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The article deals with changes in the anti-corruption legislation of Ukraine regarding gifts. In particular, gifts are legally defined in a different way than undue advantage. Gifts characterize acts related to corruption and in which there are no signs of corruption. The notion of undue advantage characterizes corrupt acts. The author of the article proves that a public official receives a gift as a token of gratitude after the correct execution of his official functions or without connection with the performance of his official functions. Violation of prohibitions on receipt of gifts entails administrative responsibility under Art. 172-5 of the Code of Ukraine on Administrative Offenses. Violation of legislative prohibitions on solicitation or acceptance of an undue advantage entails criminal liability under articles of the Criminal Code of Ukraine. The article presents scientific explanations and practical recommendations for making a new decision on liability for violation of legislative prohibitions on receiving gifts. Proposals for amendments to articles 354, 368, 368-3, 368-4, 369, 369-2 of the Criminal Code of Ukraine have been developed. It is expected that they will indicate that when committing the corruption offenses provided for in these articles, a person requires an undue advantage or agrees to receive an undue advantage in exchange for actions related to his official powers. Such a requirement or consent always precedes the actions associated with its official powers.
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The author is analyzing intensity and outspread of corruption in Serbian judicial system, with special emphasis on business courts. After the introductory part, the analysis starts with the trust of the citizens and economic subjects in the institution of judiciary.
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The author in this work speaks about general problems of political corruption in the world and in Serbia.
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The article attempts to examine the problems of qualification of administrative offences related to corruption, in particular violation of restrictions on combining and concurrently governing the imposition of administrative sanctions under article 172-4 СAO.Differentiated legal approaches to the definition of alignment and a second position, control and composition of the Board, Executive or Supervisory bodies, the Supervisory Council of an enterprise or organization.In particular, this article focuses attention on the conflict of laws aspects of legislation, regulatory requirements concerning the incompatibility of functions of state authorities and local self-government and membership of the Board, revealed a problem of lack of harmonization of the list of certain types of permitted activities for certain categories of officials, which creates ambiguity in law enforcement.Given the number of decisions on Affairs about attraction to administrative responsibility under part 2 of article 172-4 of the CAO, that is, the membership of the Board, other Executive or controlling bodies, or Supervisory Council of an enterprise or organization that has the objective of making a profit, based on the analysis which the author identified signs that may indicate the presence or absence of corpus delicti under article 172-4CAO.Also the article presents the categorization of the most common mistakes in law enforcement practice in the consideration of administrative cases on violation of restrictions on combining and overlapping with other activities.
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The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral.The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity.A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service.The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed
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This article presents only some of the main weaknesses of the Greek public administration that make it problematic and show that it will be difficult to return to normal. Voters know that corruption is closely linked to the functioning of the administration and seek accountability from parties and the governments they form. Studies show that the plunder of state resources correlates with the structure and functioning of parties.
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Anticorruption training is a key component in counteracting corruption, and its successful inclusion at all levels of education is becoming increasingly important. Policies for anticorruption education are becoming frequently proposed in documents in recent years, both on an international level, as well as on a national level. This article aims to explore the opportunities for developing successful strategies for anticorruption programs in Bulgarian higher education. The main policies for anticorruption education, concrete topics for developing of future educational programs, and the Anticorruption Academy initiative at the University of National and World Economy are presented.
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A review of the book " A Pillar of Democracy on Shaky Ground. Public Service Media in South East Europe”, published by Konrad-Adenauer-Stiftung Media Programme South East Europe. The book gives an overview of public service media in the ten countries covered by the Media Programme of the Konrad-Adenauer-Stiftung (Albania, Bosnia and Herzegovina, Bulgaria, Kosovo, Moldova, Romania, North Macedonia, Serbia, Croatia and Montenegro) plus Germany.
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In many sectors of the economy, public procurement is crucial for the proper functioning of the overall market competition. Public procurement is particularly threatened by the emergence of cartels in the form of bid rigging. Bid rigging occurs when businesses, instead of competing with each other, agree to offer higher prices or lower quality of goods or services subject to the procedure for procurement or distribute among themselves bids in order to prevent, restrict or distort competition for a specific bid.
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The most outspread kind of corruption, according to the experience of private enterpreneurs, is in the acquisition of a building location, then during acquisition of importexport licences, acquiring of government contracts, and acquisition of telephone and electric power services. In contrast to this, briberi is present the least in the fields of tax administration, company registration, and approval of new sales prices. Outspread of corruption is large. More than a half of private enterpreneurs (57,8%) have declared that they have payed to the public officials so called additional services. Contrary to this, one quorter (24,8%) declared that have not done something like that. Most frequent amount of this additional payment goes between 1 and 10% of their income. They not denyed that sometimes is possible to avoid this payment, at the cost of spending large amount of time. There is also no guarantee that payed “service” will be consumed for shure, so one third and often one fifth of enterpreneurs are in need to pay same service again. Service that is matter of deal can be obtain: allways in 8,3% cases, usualy in 40,1%, often in 15,0%, sometimes in 11,9%, rare in 3,4% and never in 5% of cases.
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The report's discussions focus on the problem of corruption in general and corruption in the field of education in particular. The opinion of students in different Bulgarian universities regarding the attempts to replace, become traditional, relations between students and students in schools, with attempts at extortion, immoral, humiliating and not contributing was studied. with nothing to do with educating the younger generation. The study covers 845 respondents from 6 private and public universities in Bulgaria. Data were processed with IBM SPSS Statistics 21.
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The book Тhe Мediatized Dimension of Foreign Policy presents the results of a study of foreign policy claims in the election campaign for the early parliamentary elections in Bulgaria on March 26, 2017. The study was carried out by Prof. Dr. Maria Neikova and Dr. Ralitsa Kovacheva under a project financed by the Scientific Research Centre at the Sofia University ‘St. Kliment Ohridski’.The book Тhe Мediatized Dimension of Foreign Policy presents the results of a study of foreign policy claims in the election campaign for the early parliamentary elections in Bulgaria on March 26, 2017. The study was carried out by Prof. Dr. Maria Neikova and Dr. Ralitsa Kovacheva under a project financed by the Scientific Research Centre at the Sofia University ‘St. Kliment Ohridski’.
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Борбата со корупцијата е горливо прашање за Република Македонија. Европска комисија во последниот извештај за напредок констатира дека корупцијата и понатаму продолжува да постои во многу области и дека корупцијата во јавните набавки е сериозен проблем. Понатаму, корупцијата на локално ново во Република Македонија е недоволно истражена, а и јавната доверба во институциите надлежни за справување со корупција е ниска, па затоа е важно поактивно вклучување на граѓанскиот сектор во мониторирање на трошењето на јавните пари како и континуирано истражување на областа, со цел да се придонесе кон зајакнување на доброто владеење во државата.
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The article examines the various forms of metaphorical use of the term "remake" in the Bulgarian political discourse. They refer to: A) the general knowledge of political leaders; B) the electoral cycle; C) corruption practices; D) protest actions. In all these cases, the metaphorical transfer carries a negative value charge, insofar as it means the absence of new projects and visions for the social reality. Attention is drawn to the "reverse mimesis" which, unlike Aristotle, means the imitation or reproduction of patterns borrowed from the field of verbal and visual arts in public life.
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The article raises issues of interpretation and application of anti-corruption terminology, in particular, the definitions of "gift" and "illegal benefit". It is noted that the correct delineation of these concepts is important not only for legal science in the application of applied research but also for rulemaking and law enforcement. It was found that courts allow different applications of Art. 172-5 of the Code of Administrative Offenses and Art. 368 of the Criminal Code and as a consequence – incorrect qualification and incorrect definition of a liability. Also, we noticed that the problems of delimitation of gifts and improper benefits are not so much a problem of legislation as to the distorted practice of its application. Considering doctrinal developments and normative provisions of anti-corruption legislation, the author's approach to determining the differences between the studied terms is proposed. The principle position is substantiated, according to which, when delimitation of illegal benefit and a gift, violation of restrictions on receiving which constitutes an administrative offense, first of all, it should be borne in mind that illegal benefit is always provided for what act using the powers, authority or official position given to him. A gift is received by such a person not for committing or not committing an act with the use of the powers or powers granted to him, but for free, free of charge. Given that the dilemma of the gift and illegal benefit becomes acute in the law enforcement sphere, the authors propose to eliminate it by determining the relevant law enforcement guidelines by the Supreme Court
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The article discusses semantic manipulations in which manipulative suggestions are made using specially selected words. Some of these examples of manipulations have become established and are very hard to refute. The notions of “left-wing” and “right-wing” are mutually related mainly in terms of state intervention in the economy and redistribution. It is not correct to qualify populist, nationalist, xenophobic political parties – or, recently, anti-immigrant parties – as “extreme right”, when there is actually a very small “right-wing” component in them and they are primarily “left-wing”. In referring to the National Socialists as “Nazi”, the word “Socialist” is manipulatively concealed. The article also indicates the semantically incorrect use of phrases such as “Turkish slavery”, “corruption”, “king”, “Russophile”, “majority”, etc.
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The article focuses on the open data and public information. The characteristics of open data are availability, free use, versatility, ease of processing. The main objectives of the study are to reveal the classification features of the data, the prerequisites for opening data for public institutions in Ukraine, to identify the principles of working with public and open data in Ukraine and the scope of their application. Methodologies include: a classification method for formalized data description; the method of generalizing and analyzing large amounts of data, the method of observation to find out the extent of the dissemination of open data in Ukraine; a chronological method for constructing a timeline for the dissemination of open data in Ukraine. Results. In terms of content, the data is classified into general cultural, historical, biographical encyclopedias, dictionaries; structured by theme in directories; quantitative indicators; geolocal data; user activity data. The public information with restricted access is distinguished; confidential information; classified information; business information; personal and public information in the form of open data. There are three open source data resources in Ukraine: E-data; ProZorro and State Portal of Open Data; also, there act open source data monitoring and control services, information and analytical resources. The main measure of effectiveness is the social effect of influencing open data understanding and promoting the use of services to access open data. Not just the data itself, but its correct interpretation and interpretation for the citizens is valuable in storytelling. Involvement of Ukrainians in the principles of state control and the possibility of unconditional access to the necessary information at any time ensure the formation of an open society, the development of democracy and civil society, create opportunities for business development, and form a responsible and active citizenship among citizens. Open data is an inexhaustible source for successful startups.
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