Статті в журналах: "Entities authorized to combat corruption"

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Kułak, Izabela. "Institutions authorized to prevent and combat phenomenon of corruption in Poland." Acta Iuridica Resoviensia 35, no. 4 (2021): 194–205. http://dx.doi.org/10.15584/actaires.2021.4.14.

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Анотація:

Corruption is a threat to people, society, the state and the economy. It is a phenomenon that particularly harms the basic principles of the functioning of the country. This article focuses on entities authorized to prevent corruption. Individual bodies, services and institutions obliged to fight corruption and equipped with a number of competences that facilitate the performance of their tasks are discussed. The Central Anticorruption Bureau, the Internal Security Agency, the Police, the Public Prosecutor’s Office and other entities forming the system of prevention and combating corruption crime in Poland are presented. To discuss the subject it is necessary to refer to legal acts and the literature. The aim of this description, however, is not a comprehensive presentation of the subject matter indicated in the title, as it seems impossible to provide an exhaustive study of each entity authorized to prevent corruption in only one article. Due to the limited scope of the article only a synthetic presentation of the subject matter has been presented.

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Лук’янова, Г. Ю. "MODERN APPROACHES TO THE CLASSIFICATION OF SUBJECTS ANTI-CORRUPTION IN UKRAINE." Juridical science, no. 3(105) (March 30, 2020): 211–21. http://dx.doi.org/10.32844/2222-5374-2020-105-3.27.

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Анотація:

The relevance of the article is that an important task facing the state is to protect the rights and interests of citizens, including those who have been violated as a result of corruption. Research on the types of anti-corruption actors will provide an opportunity to find out which of them interact most with citizens to improve their service component. That is, clarifying the content of the administrative and legal status of each of the subjects will increase their quality of cooperation with the public, and thus the level of public confidence in the subjects of anti-corruption and increase the number of appeals for protection. It is worth noting that the fight against corruption suffers significantly from its influence outside of legal factors, such as economic or political. This situation can affect the quality of work and motivation of anti-corruption officials. The article classifies the subjects of anti-corruption depending on their role in combating corruption. Groups of entities specifically authorized to combat corruption, entities that promote anti-corruption activities, and entities that voluntarily participate in the fight against corruption have been studied. The legal status of anti-corruption entities that belong to each group is analyzed. It is concluded that a comprehensive analysis of the types of anti-corruption actors has led to the conclusion that anti-corruption activities are carried out at the general, regional and local levels. This helps to shape the general anti-corruption policy and to combat corruption on the ground, given the specific reasons for its spread. At the same time, the study shows a low level of interaction between anti-corruption actors, which reduces its effectiveness and at the same time increases the duration of achieving the goal of overcoming or reducing the level of corruption. This situation is caused by the fact of actual duplication of powers of anti-corruption actors, especially in the formation of anti-corruption policy and investigations, as well as the lack of incentives from the state to act together.

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Стреляний, В. І. "The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (September 23, 2020): 177–86. http://dx.doi.org/10.32631/v.2020.3.18.

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Анотація:

The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.

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Gulac, Оlena, Lyudmyla Holoviy, Tetiana Milova, Kateryna Troshkina, Yevhen Sobol, Scherbak Artem, and Roman Oleksenko. "Topical issues of formation state anti-corruption policy in Ukraine." Linguistics and Culture Review 6 (January 9, 2022): 550–64. http://dx.doi.org/10.21744/lingcure.v6ns1.2097.

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Анотація:

The purpose of the article is to identify existing problems in the formation and implementation of anti-corruption policy in Ukraine based on the analysis of research results of the current state of corruption in Ukraine, analysis of relevant regulations, and practice of its implementation. The methodology is based on the dialectical method of scientific knowledge, as well as special research methods based on modern scientific principles of legal, political, managerial, and related sciences. Results of the research. The article analyzes the current issues of state anti-corruption policy in Ukraine at the present stage. It is noted that corruption is one of the biggest problems of Ukrainian society and has great resistance to the development of Ukraine as a state. Ukraine currently has a whole system of anti-corruption bodies, some of which perform purely anti-corruption functions, while others perform anti-corruption functions as well. At the same time, the Basic Anti-Corruption Law defines a limited list of specially authorized entities in the field of anti-corruption. It is proved that the reserve of influence of public organizations in combating corruption offenses is still poorly used by the state on the initiative of the state itself.

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5

Polyakov, M. M. "Anti-corruption monitoring in public administration." Actual Problems of Russian Law, no. 3 (May 4, 2019): 75–81. http://dx.doi.org/10.17803/1994-1471.2019.100.3.075-081.

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Анотація:

The paper deals with the concept, essence and purpose of anti-corruption monitoring in public administration. The author carries out a comprehensive analysis of the main directions of anti-corruption monitoring exercised by the relevant officials of state bodies. The paper examines provisions of normative legal acts at the Federal level and at the level of constituent entities of the Russian Federation that envisage the order of anticorruption monitoring, as well as the powers of participants of this direction of combating corruption in public administration. The author gives examples of reporting documents of anti-corruption monitoring of some public authorities and gives his own assessment of their content. The author substantiates the proposals for amendments and additions to the federal anti-corruption legislation in order to consolidate anti-corruption monitoring as one of the most important tools to combat corruption.

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Ishchuk, D. "PROBLEMATIC ISSUES OF INTERACTION AND COORDINATION OF SPECIALIZED ENTITIES TO COMBAT CORRUPTION IN UKRAINE." Law and public administration, no. 2 (2020): 75–80. http://dx.doi.org/10.32840/pdu.2020.2.11.

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7

Uporov, A. G. "Institutional Approach to Combating Corruption in the Penal System: Foreign and Russian Experience." Pravo istoriya i sovremennost, no. 2(15) (2021): 118–30. http://dx.doi.org/10.17277/pravo.2021.02.pp.118-130.

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Анотація:

The issues of corruption, which penetrates into any sphere of public life, are occupied by politicians and legal scholars of all countries. This article attempts to outline the system of legal regulation of corruption in international law and, in particular, in the penal system. The aim of the work is to identify possible ways to combat corruption in the Russian Federation, based on international experience. To achieve this goal, a number of tasks are being solved, namely, the identification of the range of entities operating in the penal system at the international level and the legal basis for their activities, the analysis of the achievements of the largest public institutions regulating this area, the determination of corruption trends in this area and measures to combat them. This study is based on the research of Russian specialists of the past five years. One of the main sources of practical experience in combating corruption is the report of the international non-governmental organization International Penitentiary Reform, one of the largest analytical documents of the last five years, detailing the specific problems of the penal system. The study is carried out within the framework of an institutional approach, in view of the fact that in each country of the world the fight against corruption is carried out within the framework of a body.

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8

Orlovska, Natalya, and Yuliia Stepanova. "CORRUPTION PREVENTION SYSTEM IN THE BORDER GUARD AGENCIES (STATE BORDER GUARD SERVICE OF UKRAINE AS AN EXAMPLE)." Scientific Journal of Polonia University 48, no. 5 (January 17, 2022): 118–25. http://dx.doi.org/10.23856/4815.

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Анотація:

The article is devoted to the model of anti-corruption system building study using State Border Guard Service of Ukraine as an example. The content of this system certain elements depending on corruption risks and the factors that affect them is analyzed. This takes into account the corruption level and its prevention experience in the border guard agencies of some foreign countries. It is noted that the state border protection and defense effectiveness directly depends on the degree of anti-corruption system efficiency rate. A number of theoretical and applied nature conclusions are formulated. Among them are the following ones: State Border Guard Service of Ukraine anti-corruption system is characterized by international, domestic and departmental institutions and instruments interaction. It is a part of domestic anti-corruption system and includes such elements: object, goals, principles, legal framework, participators and prevention measures; range of participators involved in State Border Guard Service of Ukraine corruption prevention extends beyond the borderguard agency. It is proposed to consideranti-corruption participators powers based on such classification: 1) international actors; 2) domestic actors: governmental institutions (special anti-corruption authorized agencies and state bodies involved in the corruption prevention); departmental bodies for corruption prevention; non-government organizations, individuals and legal entities; corruption prevention in State Border Guard Service of Ukraine should be based on selfservice activities for integrity and staff corruption resistance level increasing. Combating illegal activities at the state border is also actual for anti-corruption objectives achieving.

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9

Korniiets, P. Yu. "Institutional role of the prosecutor's office in preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine: delimitation of powers and ways to improve the legal framework." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 135–45. http://dx.doi.org/10.32631/v.2021.4.11.

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Анотація:

The provisions of normative legal acts that determine the prosecutor's office scope of competence, in particular their tasks and functions, have been studied. As a result, it has been found that the current approach to determining the prosecutor's office scope of competence is manifested primarily in the consolidation at the legislative level of the main functions of the prosecutor's office; tasks and functions of the Specialized Anti-Corruption Prosecutor's Office (SAP) are fixed at the departmental level of legal regulation without their delimitation. In order to differentiate the powers of the prosecutor's office to prevent and combat corruption, the National Anti-Corruption Bureau of Ukraine (NABU) clarified the investigation of criminal corruption and corruption-related offenses committed by NABU employees. It has been established that the prosecutor's office, represented by prosecutors, is authorized to prevent corruption in NABU by participating in proceedings on administrative offenses related to corruption committed by NABU employees. As a result of the study, it has been concluded that the prosecutor's office, depending on the content of their tasks and functions, are involved in preventing and combating corruption in NABU in different ways, and the content of such activities is clearly dualistic, namely: on the one hand, the SAP in preventing compliance with the law during operational and investigative activities and pre-trial investigation of criminal offenses NABU can prevent or stop possible corruption by NABU employees; on the other hand, the prosecutor's office, if a corruption criminal offense is committed by a NABU official, must, in particular, ensure compliance with the law on the inevitability of liability for a criminal offense, within the competence to compensate for damages caused by such criminal offenses. The powers of the prosecutor's office to prevent and combat corruption in NABU have been grouped: representative, supervisory, security and law enforcement. In order to ensure the effective functioning of the SAP, in particular on the prevention and combating of corruption in NABU, the author's version of Section 3 of the Regulation on the Specialized Anti-Corruption Prosecutor's Office of the Prosecutor General's Office has been proposed.

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10

Сорський, О. І. "INTERACTION OF THE NATIONAL ANTI-CORRUPTION BUREAU OF UKRAINE WITH INDIVIDUAL ENTITIES OF PUBLIC GOVERNANCE." Juridical science, no. 3(105) (March 30, 2020): 274–83. http://dx.doi.org/10.32844/2222-5374-2020-105-3.35.

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Анотація:

The relevance of the article is that the National Anti-Corruption Bureau of Ukraine is the only law enforcement agency with a special status that performs the functions of combating and stopping corruption offenses. But, it is obvious that the forces of this state law enforcement body alone cannot qualitatively fight such a negative social phenomenon as corruption in public authorities. It is worth noting that real success in the fight against corruption can be achieved only through constant and fruitful interaction of this body with other public authorities. Moreover, such cooperation is facilitated by a fairly good construction of state bodies that perform various functions and tasks, including the detection and prevention of corruption, and they can really help the National Bureau of Ukraine in the fight against corruption. The article considers some aspects of the interaction of the National Anti-Corruption Bureau of Ukraine with the State Financial Monitoring Service of Ukraine, the State Audit Office of Ukraine, the National Agency for Prevention of Corruption, law enforcement agencies to detect and combat corruption and crimes, exposing perpetrators of corruption offenses. It was found that the interaction of the National Bureau with the National Agency for Prevention of Corruption has its own specific features and is characterized by the following factors: 1) the method of information exchange (electronic), 2) has a special level of information protection, 3) measures control by the parties to the interaction. A general characteristic of such interaction is that its procedure is clearly defined by laws and regulations of Ukraine and it is carried out in order to perform the tasks and functions assigned to the National Bureau. It is concluded that the interaction is both procedural and managerial in nature. Emphasis is placed on the outdated legal regulation of cooperation between the National Bureau and the State Audit Office of Ukraine and the lack of a legislative procedure for involving the National Bureau as a specialist representative of the State Audit Office of Ukraine.

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11

Shevchuk, O. R., and N. F. Mentukh. "Implementation of the state information security policy of Ukraine in the context of corruption prevention: administrative and legal aspect." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 282–87. http://dx.doi.org/10.24144/2307-3322.2021.64.52.

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Анотація:

It is substantiated that the tasks of anti-corruption fight have the status of priority and national. The domestic legal framework on security issues should fix a clear establishment of the powers of state bodies, first of all security bodies, as well as promote interdepartmental coordination, including in the case of long-term aggression against our country, which has pronounced «hybrid» manifestations.It is established that the imperfect system of anti-corruption bodies, as well as the lack of a clear national an-ti-corruption policy and public authorities responsible for its implementation, are a significant factor in the devel-opment of Ukraine’s difficult situation in the field of corruption. Given the anti-corruption policy and its essence, functional purpose and powers, it is possible to divide the subjects of anti-corruption into basic groups of subjects, which form and ensure the implementation of national anti-corruption policy; the normative base of anti-corruption fight is created and improved.The authors concludes that in order to collect, store, analyze and summarize information on the facts of cor-ruption, including individuals and legal entities involved in corruption, in special units to combat corruption it is necessary to create and maintain operational records and centralized data banks.In the prosecutor’s office, it would be appropriate to maintain a single database on the state of anti-corruption, which should be formed on the basis of information provided by the prosecutor’s office, internal affairs and national security.Of course, in order to ensure the security of business activities, the law should now enshrine the obligation to publish information on convictions of corruption and other crimes in the economic sphere, as well as to bring indi-viduals to administrative responsibility for committing corruption offenses. In this regard, appropriate additions and changes should be made to a number of laws and, first of all, to the Law of Ukraine «On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Associations» of May 15, 2003 № 755-IV. In particular, provide for the possibility of publishing in the registers of information about the potential danger of economic entities that act as contractors.

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Korniiets, P. "The Competence of Anti-Corruption Subjects in The National Anti-Corruption Bureau of Ukraine: Functional Content and Outlook for Solutions to Problems of Legal Regulation." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 150–56. http://dx.doi.org/10.24144/2788-6018.2021.04.26.

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Анотація:

It is noted that the study of administrative and legal principles of preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine, as a holistic mechanism, can not take place without determining the competence of the subjects of such activities. As a result, the article is devoted to the disclosure of the content of the competence of the subjects of preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine. The position on the need to separate competencies in the structure, namely: powers and functions, was supported. They also determine the subject matter of the competent entity. As a result, the powers of such entities to prevent and combat corruption in the National Anti-Corruption Bureau of Ukraine, namely: the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, prosecutors, the Specialized Anti-Corruption Prosecutor's Office, the State Bureau of Investigation, courts, the Supreme Anti-Corruption Court, international private and public organizations. It is stated that the content of the competence of the subjects of prevention and counteraction of corruption in the National Anti-Corruption Bureau of Ukraine can be summarized through the following groups of powers: anti-corruption control; personnel; advisory, supervisory, rule-making, organizational, security, law enforcement and representative. In turn, the above powers to prevent and combat corruption in NABU determine the implementation of the relevant subjects of personnel, advisory, control, regulatory, organizational, security, regenerative, law enforcement, representative and preventive functions. Disclosure of the content of the competence of the subjects of prevention and counteraction of corruption in the activities of the National Anti-Corruption Bureau of Ukraine made it possible to identify some problems of its legal regulation. In particular, in order to eliminate terminological conflicts of legal regulation, the establishment of the Verkhovna Rada of Ukraine Committee, which is responsible for overseeing the activities of NABU, part 1 of Article 26 of the Law of Ukraine "On National Anti-Corruption Bureau of Ukraine".

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13

Вороний, О. О. "Legal principles of counteraction to corruption and organized crime and the place of administrative and legal regulation among them." Law and Safety 77, no. 2 (June 24, 2020): 58–63. http://dx.doi.org/10.32631/pb.2020.2.07.

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Анотація:

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.

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Siximbayeva, G. Т., N. Juraj, M. M. Khalitova, and Zh G. Imangali. "Managing Corruption Risk in the Agricultural Sector of Kazakhstan and Its Assessment." Economics: the strategy and practice 17, no. 1 (April 5, 2022): 199–211. http://dx.doi.org/10.51176/1997-9967-2022-1-199-211.

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Kazakhstan has a remarkable ability to become the core of food security in the Eurasian region. Obviously, the advantages of Kazakhstan in natural and climatic conditions help strengthen the agricultural sector’s position in its economy. In particular, the positive factors of agricultural sector production are enormous land resources, inland geographical location, and historical background (nomadic cattle breeding, crop production). The agricultural sector is one of the riskiest sectors and manifests itself in climatic, political, technological, financial, corruption, and other issues. It is noted that investments in the industry are mainly represented by state funds (budget, extra-budgetary). Such massive public and private financial investments generate a corruption component effect. The opinion of importance to manage the corruption risk in agriculture is shown. The authors also give the corruption risk concept to analyze the corruption risk features in agriculture. Within the framework of the agricultural specifics, the classification of corruption risks is given. The authors also investigate this risk category’s prerequisites, features, and types. The article presents the internal and external analysis of Kazakhstan’s agriculture corruption risk. Modeling the corruption risk in agriculture as a matrix is proposed as one of the methods of its managing. Forming a standard matrix template with examples of its application shows the significance of preventing measures. In conclusion, there is the need for mutual goals to combat corruption risks both for the state and for agribusiness entities.

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Utkina, M. S. "Legal Nature of Primary and Public Financial Intelligence Entities in the Field of Combating Money Laundering." Legal horizons, no. 23 (2020): 73–77. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p73.

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Анотація:

One of the most important global problems facing society is the control of cash flows, as well as the fight, counteraction and prevention of money laundering. In particular, the process of laundering such revenues poses an extreme threat not only to the financial system but also to the national system as a whole. Currently, there is an urgent need to develop a strategy that will quickly and effectively combat cases of abuse of the financial system of the state. The definition of financial intelligence was provided as a set of measures defined at the legislative level by authorized entities of primary and state financial intelligence and aimed at fulfilling the requirements of current legislation in the context of combating and preventing money laundering. The article determined that in accordance with the current legislation, the financial intelligence system is a two-tier system. This is due to the fact that the financial intelligence system consists of two levels – primary and state intelligence. Given the global nature of the problem of money laundering and terrorist financing, the issue of financial intelligence was considered in the context of two levels – national and supranational. The article analyzes different approaches to the classification of financial intelligence entities. In particular, the category of entities within the competence for financial intelligence was determined: leading and auxiliary. Entities depending on the level of financial intelligence are singled out – primary entities and entities of state financial intelligence. An approach to the classification of financial intelligence entities according to their main purpose was defined. According to this criterion, direct and indirect entities of financial intelligence were distinguished.

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Trofimov, Egor Viktorovich. "Anti-corruption denunciation: methodological problems, foreign experience, and Russian prospects." Административное и муниципальное право, no. 4 (April 2021): 14–44. http://dx.doi.org/10.7256/2454-0595.2021.4.36658.

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Анотація:

This article is dedicated to the institution of denunciation as a specific form of disclosure of illegal and unfair practices. For determination of the conceptual legal meaning of denunciation and its prospects for modern Russia as anti-corruption legal institution, this article coordinates the interdisciplinary scientific results of research on denunciation, analyzes and summarizes the international (UN, EU) and national (United States, Great Britain, South Korea, Brazil, China, Albania, Kazakhstan, and Ukraine) regulatory approaches towards denunciation, and similar forms of disclosure of offenses. The article reveals the current state of the Russian legislation in this sphere. The research employs the methods of dogmatic analysis, comparative-legal and systemic-analytical toolset. The author correlates denunciation and denunciator with such concepts as “denouncement”, “actio popularis”, “reporting party”, “informant” and “whistleblower”; determines the twelve characteristics of denunciation, which collectively define it as a special form of information disclosure. The conclusion is made that the variants of legal regulation of denunciation are built around or within such issues as the protection of denunciator, his interaction with the authorized entities and remuneration, as well as the conclusion on the absence of specific legal means in the current Russian legislation that ensure denunciation as the social institution. The author formulates recommendations on amending the labor, administrative, criminal and procedural legislation aimed at implementation of measures for protecting the denunciators.

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Neklesa, Oleksandr, Elvira Sydorova, and Yana Paleshko. "Financial control as a tool in overcoming corruption." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 326–32. http://dx.doi.org/10.31733/2078-3566-2021-1-326-332.

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Анотація:

Corruption offenses nowadays remain a serious threat to the national security of a state. Persons empowered to perform state functions are the basic sources of corruption risks. The main document that outlines the basic principles of preventing and combating corruption in our country is the Law of Ukraine "On Principles of Preventing and Combating Corruption" and "On Amendments to Certain Legislative Acts of Ukraine on Liability for Corruption Offenses." Corruption in public finances is a threat that gives a momentum for the development of forgery of accounting and tax reporting documents, misappropriation of assets allocated for financial resources funds, concealment of financial transactions and falsification of business entities’ documents. State financial control should ensure the effective use of budgetary resources, extra-budgetary financial resources and state property. In order to combat corruption, it is necessary to introduce transparency at the stages of budget allocation and openness in the control system in this area. It is this transparency that will help not only to overcome corruption, but also to strengthen public confidence in the state and the fulfillment of its functional responsibilities. And also to ensure compliance with the supremacy of law in this area, i.e. to ensure the equality of all before the law and responsibility for violations. Financial control can be enhanced through effective audit. The essence of the audit is a real assessment of the feasibility of government programs on the criteria of economy, productivity and efficiency. It is an audit that is a separate and real source of data, as it does not belong to any political forces or institutions. Based on the above mentioned, it is advisable to adapt the existing audit system in Ukraine in accordance with the best foreign experience.

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Rybalkin, Andriy, and Mariya Taranina. "Political corruption as a threat to ukrainian national security. The article examines political corruption as one of the biggest threats to Ukraine's national security." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 30, 2021): 41–46. http://dx.doi.org/10.31733/2078-3566-2021-2-41-46.

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Анотація:

The current state of corruption in our country in accordance with the statistical indicators of international independent organizations has been studied. The determinants of political corruption have been identified, in particular: direct political, legal and managerial. Regulations in the field of preventing and combating corruption in Ukraine are analyzed. The subjects of anti-corruption in our state have been identified. Based on the analysis, it is proposed to add civil society institutions to the list of authorized entities to increase public confidence in public authorities, as well as for constant control and supervision. It is determined that the level and scale of corruption in Ukraine, the effectiveness of combating corruption processes largely depend on the integrity of elected officials, the democracy of the political system in general and the electoral process in particular. Recent election campaigns in Ukraine show that gross violations of democratic principles of expression of will (government interference in the election process, voter bribery, illegal court decisions) have led to the fact that most elected positions are held by persons who do not meet integrity standards. It is stated that the main content of political corruption is corrupt forms of dynamic policy implementation, abuse of power, lobbying for political and economic decisions beneficial for corporate groups, political patronage, bribery, etc. The content is also a set of different in content and degree of public danger of illegal acts committed to achieve political goals, significantly affect the formation and functioning of government and administration, their adoption and implementation of political decisions, distorting the political and economic course of the state. It is concluded that political upheavals, deepening the gap in the social stratification of society, criminalization of all spheres of public life, manifestations of regional separatism, confessional and other confrontation - this is not a complete list of consequences of political corruption in Ukraine. The presence of the above negative phenomena indicates the low efficiency of legal regulation of social relations, internal threats to both man (citizen), society and the state, and the threat of degradation of the legal system of the state. This is a consequence of the existing political corruption in Ukraine, a manifestation of the fact that the legal system of Ukraine does not meet the new requirements of society.

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Makarenko, Оleksandr, and Nataliia Makarenko. "EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT." Law Journal of Donbass 76, no. 3 (2021): 92–100. http://dx.doi.org/10.32366/2523-4269-2021-76-3-92-100.

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Анотація:

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

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20

Дроздов, Владимир Юрьевич, and Надежда Борисовна Хлыстова. "SOCIO-ECONOMIC SECURITY OF THE STATE: THROUGH THE PRISM OF SUBJECTIVE EVIDENCE OF THE CRIMES COMMITTED IN THE SPHERE OF PUBLIC PROCUREMENT." Society and Security Insights 2, no. 1 (March 26, 2019): 100–112. http://dx.doi.org/10.14258/ssi(2019)1-5364.

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Анотація:

The article is devoted to the description of subjective signs of crimes committed in the sphere of public procurement as socially dangerous acts that infringe on the socio-economic security of the state as a whole. The relevance of the study is noted, it is indicated that the public danger of crimes committed in the field of public procurement is associated with special features of the subject who committed the crime, the concept of which is inextricably intertwined with the concept of an official. A retrospective analysis of the concept of «official». The attention is focused on the fact that the establishment of authorized persons in the Commission of corruption crimes in procurement should be based on the fact that the crimes of this category can be committed only by persons performing their functions exclusively in the performance of their powers related to the procurement. There are arguments in favor of the fact that the subjective side of crimes in the sphere of state, municipal procurement and procurement by certain types of legal entities is characterized by guilt in the form of intent in relation to the criminal act itself, a selfish motive or other personal interest, while the attitude to the consequences does not affect the qualification. It is indicated that when committing a corruption crime in the field of public procurement, the act is a violation of the rules regulated by special rules for procurement at any stage. Conclusions are drawn on the structure of the analyzedcrimes.

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21

Panova, О. О., and M. O. Sherbyna. "Interaction of the community police officer with the structural units of the National Police and other entities that implement measures to prevent and combat domestic violence." Law and Safety 82, no. 3 (September 29, 2021): 184–91. http://dx.doi.org/10.32631/pb.2021.3.21.

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Анотація:

The purpose of the article was to determine the theoretical and legal basis for the interaction of the community police officer with the structural units of the National Police and other entities that implement measures to prevent and combat domestic violence. It has been established that the process of interaction of the community police officer with the structural units of the National Police and other entities implementing measures to prevent and combat domestic violence is multifaceted and systematic. It is determined that the interaction of the community police officer with the service for children can take place within two vectors, namely the prevention (prophylactic measures) of domestic violence (propaganda and explanatory work) and combating domestic violence (drawing up a report on an administrative offense, analysis and collection of information and data indicating violations of children's rights, etc.). It is emphasized that the educational institution may act as an entity that detects the facts of domestic violence, within this activity the community police officer is invited to find out the real circumstances of the case, and later, if the fact of violence is confirmed, to draw up appropriate procedural documents. It has been established that the role of the prosecutor in preventing and combating domestic violence is limited by procedural guidance. As a result, the community police officer's interaction with the prosecutor's office is limited to criminal proceedings. It is argued that the interaction of the community police officer with the authorized bodies on probation takes place after the release of the offender from prison and is to determine the procedure for establishing administrative supervision. In conclusion, it is proposed to create a mechanism by which one institution of society will complement another in the process of interaction and implementation of its powers in the field of preventing and combating domestic violence. Under such a system, the precondition for interaction should be the initiative of one of the parties or the fact of committing an illegal act.

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22

Pravotorova, O. M. "EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 174–78. http://dx.doi.org/10.15421/391938.

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Анотація:

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

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23

Skoromnyi, Danylo A. "Legal entities' crime prevention: Foreign experience and prospects of application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 301–10. http://dx.doi.org/10.37635/jnalsu.28(3).2021.301-310.

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Анотація:

The relevance of the problem under study lies in the fact that crime among legal entities is currently increasing in the countries of the world. This phenomenon is extremely dangerous, because corporate crime is associated with the commission of economic crimes – the legalisation of illegally obtained income and corruption, both of which negatively affect the economy of an individual state and the global economy. To prevent crime among legal entities, governments of countries need to take measures aimed at countering corporate crime, take advantage of technological advance in detecting and preventing offences among legal entities. The purpose of this study is to identify the features of measures to prevent corporate crime in foreign countries, to analyse the prospects for applying the experience of other states in developing their effective counteraction measures. Innovative approaches and methods that will increase the effectiveness of measures to combat corporate crime were also proposed. The leading methods employed in this study are theoretical: the study of scientific literature, as well as regulatory documents to clarify the state of the problem under study. Analysis, synthesis, comparison, generalisation, and modelling were used, which allowed describing the terminology. Furthermore, the system method, dialectical, and historical analysis methods were used in the study of regulations, also including such special methods as the method of legal interpretation, the method of legal forecasting. The result of the present paper is the identification of the importance of corporate crime prevention, effective measures that are applied to legal entities to detect and prevent corporate crime. As a result of this study, possible measures aimed at preventing corporate crime were proposed, considering the positive experience of foreign countries. Having analysed the state of corporate crime in other countries of the world, the authors conclude that Ukraine should implement measures to prevent crimes among legal entities to reduce the number of offences and increase the level of the national economy

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24

Skoromnyi, Danylo A. "Legal entities' crime prevention: Foreign experience and prospects of application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 301–10. http://dx.doi.org/10.37635/jnalsu.28(3).2021.301-310.

Повний текст джерела

Анотація:

The relevance of the problem under study lies in the fact that crime among legal entities is currently increasing in the countries of the world. This phenomenon is extremely dangerous, because corporate crime is associated with the commission of economic crimes – the legalisation of illegally obtained income and corruption, both of which negatively affect the economy of an individual state and the global economy. To prevent crime among legal entities, governments of countries need to take measures aimed at countering corporate crime, take advantage of technological advance in detecting and preventing offences among legal entities. The purpose of this study is to identify the features of measures to prevent corporate crime in foreign countries, to analyse the prospects for applying the experience of other states in developing their effective counteraction measures. Innovative approaches and methods that will increase the effectiveness of measures to combat corporate crime were also proposed. The leading methods employed in this study are theoretical: the study of scientific literature, as well as regulatory documents to clarify the state of the problem under study. Analysis, synthesis, comparison, generalisation, and modelling were used, which allowed describing the terminology. Furthermore, the system method, dialectical, and historical analysis methods were used in the study of regulations, also including such special methods as the method of legal interpretation, the method of legal forecasting. The result of the present paper is the identification of the importance of corporate crime prevention, effective measures that are applied to legal entities to detect and prevent corporate crime. As a result of this study, possible measures aimed at preventing corporate crime were proposed, considering the positive experience of foreign countries. Having analysed the state of corporate crime in other countries of the world, the authors conclude that Ukraine should implement measures to prevent crimes among legal entities to reduce the number of offences and increase the level of the national economy

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25

Yarova, A. E. "Administrative and legal support preventing and resolving conflicts of interest in the sphere of healthcare: scientific and terminological search." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 230–35. http://dx.doi.org/10.24144/2307-3322.2021.67.44.

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Анотація:

The article deals with the study of administrative and legal support aimed at preventing and settling conflicts of interest in the field of health care, demonstrates their structure, mechanism and preset concepts. The article contains the author's definition of the legal structure "administrative and legal support for the prevention and settlement of conflicts of interest in health care field" as a set of actions of authorized entities, which has a targeted impact on identifying and eliminating conflicts between private and public interests of entities acting in the field of health care by means of a regulating mechanism, which is implemented through norms, relationships, means, forms and methods of administrative and legal influencing, in order to protect and safeguard human rights, freedoms and interests, as well as to preempt conditions for committing offenses related to corruption in the field of health care. It has been concluded that health care is a system of legal, socio-economic and treatment-and-prophylactic measures and technics aimed at preserving, strengthening and restoring human physical and mental health. Emphasis is placed on the fact that the mechanism of administrative and legal support for the prevention and settlement of conflicts of interest in the field of health care is a set of administrative and legal means, which are based on the corresponding norms and regulations and aimed at regulating public relations in the activities designed to prevent and settle conflicts of interest in the field of health care. The main subject of such a mechanism, taking into account the administrative law approaches, includes the managerial component of public nature. The conclusion can be drawn that the main elements of the structure of administrative and legal support for prevention and settlement of conflicts of interest in the field of health care include: the object and subjects, norms and relationships, principles and means, forms and technics, etc.

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26

ФЕДОРОВ, Александр Вячеславович. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN UKRAINE." Расследование преступлений: проблемы и пути их решения, no. 3(33) (September 30, 2021): 9–28. http://dx.doi.org/10.54217/2411-1627.2021.33.3.001.

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Анотація:

Статья посвящена вопросам введения уголовной ответственности юридических лиц на Украине. Рассматриваются попытки установления такой ответственности при подготовке нового Уголовного кодекса Украины и в дальнейшем путем принятия в 2009 г. специального уголовного закона об ответственности юридических лиц за совершение коррупционных преступлений. Украина стала первым из постсоветских государств, включившим такие нормы не в уголовный кодекс, а в специальный закон - комплексный нормативный правовой акт, содержащий нормы уголовного и уголовно-процессуального законодательства. Отмечается, что этот закон являлся действующим лишь 4 дня, и приводятся причины признания его утратившим силу. Повторно уголовная ответственность была установлена путем внесения в 2013 г. в Уголовный кодекс Украины изменений, согласно которым юридические лица признаются не субъектами уголовных правонарушений, а субъектами уголовной ответственности, заключающейся в применении судом в уголовно-процессуальном порядке мер уголовно-правового характера в отношении юридического лица. Применение таких мер возможно в случаях совершения уполномоченным физическим лицом уголовных правонарушений (преступлений и уголовных проступков), специально указанных в Общей части Уголовного кодекса Украины. Рассматриваются применяемые к юридическим лицам виды мер уголовно-правового характера: штраф, конфискация и ликвидация юридического лица. Приводятся правила применения к юридическим лицам мер уголовно-правового характера и основания для освобождения юридического лица от применения к нему таких мер. Отмечается, что уголовное судопроизводство по делам об уголовных правонарушениях, при совершении которых к юридическим лицам могут быть применены меры уголовно-правового характера, осуществляется в соответствии с обычной процедурой с учетом особенностей, предусмотренных Уголовно-процессуальным кодексом Украины. Дается краткая характеристика этих особенностей, в том числе указывается, что от имени юридического лица в уголовном процессе участвует его представитель. Рассматриваются его права и обязанности. The article is devoted to the issues of introducing criminal liability of legal entities in Ukraine. The article considers attempts to establish such liability in the preparation of the new Criminal Code of Ukraine and further by the adoption in 2009 of a special criminal law on liability of legal entities for committing corruption crimes. Ukraine became the first of the post-Soviet states to include such norms not in the criminal code, but in a special law - a comprehensive normative legal act containing the norms of criminal and criminal procedural legislation. It is noted that this law was in effect for only 4 days and the reasons for recognizing it as invalid are given. Criminal liability was re-established by introducing amendments to the Criminal Code of Ukraine in 2013, according to which legal entities are recognized not as subjects of criminal offenses, but as subjects of criminal liability, which consists in the application by the court in the criminal procedural procedure of measures of a criminal-legal nature in relation to a legal entity. The application of such measures is possible in cases of committing by an authorized individual of criminal offenses (crimes and criminal offenses), specially specified in the General Part of the Criminal Code of Ukraine. The types of measures of a criminal-legal nature applied to legal entities are considered: fines, confiscation and liquidation of a legal entity. The rules for the application of measures of a criminal-legal nature to legal entities and the grounds for exempting a legal entity from applying such measures to it are given. It is noted that criminal proceedings on cases of criminal offences in commission of which measures of criminal law nature can be applied to legal persons, is carried out in accordance with the usual procedure taking into account the peculiarities provided by the Criminal Procedure Code of Ukraine. A brief description of these peculiarities is given, including the fact that on behalf of a legal entity its representative participates in criminal proceedings. The rights and obligations of the representative are considered.

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Anisimov, Dmytro. "Actor of illegal influence on results of official sports competitions." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 233–37. http://dx.doi.org/10.31733/2078-3566-2020-1-233-237.

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Анотація:

In the article based on the analysis of the Criminal Code of Ukraine, the Law of Ukraine "On Prevention of the Impact of Corruption Offenses on the Results of Official Sports Competitions" No. 743-VIII of November 03, 2015, the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on the Implementation of the Liberalization Action Plan European Union Visa Regime for Ukraine concerning Liability of Legal Entities »No 314-VII of May 23, 2013, the subject of illegal influence on the results of official sports competitions was conducted. Publications in the media are a promising source of information in the detection of crimes in the field of physical culture and sports. The article investigated some of the available crime reports on the Internet, which suggest that the results of official sports events will be unlawfully affected. For the first time, the article proposes to provide for criminal-law measures against legal entities as the responsibility for unlawful influence on the results of official sports competitions. According to the results of the study, it is established that the subject of the crime under Part 1 and Part 2 of Art. 369-3 of the Criminal Code of Ukraine may be a general actor: a natural convicted person who, at the time of committing the crime, was sixteen years of age, and under Part 3 of Art. 369-3 of the Criminal Code of Ukraine – a special actor, namely: athlete - an individual who systematically engages in a certain type (s) of sport recognized in Ukraine and participates in sports events; Personnel of auxiliary sports personnel - any coach, mentor, manager, agent, team worker, team official, medical and other personnel who serve or treat athletes who participate or prepare for sports competitions; sports official - owner, shareholder, manager or employee of a legal entity that organizes and facilitates sports competitions, as well as persons authorized to hold official sports events, executives and employees of an international sports organization, other competent sports organizations that recognize the competition. In order to ensure the unity of terminology, it is proposed to exclude the word "directly" from Part 2 of Art. 6 of the Law of Ukraine “On Preventing the Impact of Corruption Offenses on the Results of Official Sports Competitions”. In a note to Art. 369-3 of the Criminal Code of Ukraine, replace the word "subject" with "subjects", or separate part 3 of Art. 369-3 in a separate article to minimize confusion. Due to the fact that the legal influence on the results of official sports competitions can be made by legal entities, it is proposed to add Art. 369-3 of the Criminal Code of Ukraine to the list of articles for which according to Art. 96-3 of the Criminal Code of Ukraine may apply measures of a criminal nature.

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Honak, I. M. "The Consequences of the Revolution of the Dignity and the Russian-Ukrainian War During 2014-2018 as a Positive Factor of Economic Rivalry of Countries and Success of Reforms in Ukraine." Podilian Bulletin: Agriculture, Engineering, Economics, no. 29 (November 30, 2018): 147–56. http://dx.doi.org/10.37406/2706-9052-2018-2-18.

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Анотація:

The consequences of the revolution of dignity are substantiated in the article and the objective analysis of the Russian-Ukrainian War of 2014-2018 has been carried out. The economic and security impact of the Revolution of Dignity and the Russian-Ukrainian War on the geo-economical and geopolitical space of the country and the international community is studied. The main economic benefits and advantages are described for national security as a consequence of the Revolution of Dignity and the Russian-Ukrainian War. The role of crisis factors at the present stage of economic development is considered. A series of reforms to combat corruption by authorities and a reduction in the tax burden on business entities are outlined. Some economic consequences of the Revolution of Dignity and the Russian-Ukrainian War are analyzed. The possible positive economic consequences of the Revolution of Dignity and the Russian-Ukrainian War are considered. An analysis of the influence of the Revolution of Dignity and the Russian-Ukrainian War on national security and economic development of the country is conducted. It is proved that, due to effective leadership of the changes as a result of revolution and war, Ukraine may eventually become an energetically independent highly developed unitary, but integrated with the Euro-Atlantic structures, European country

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Zavitova, Svetlana V., and Nataliya A. Mel’nikova. "Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust." Penitentiary science 15, no. 3 (September 30, 2021): 635–41. http://dx.doi.org/10.46741/2686-9764-2021-15-3-635-641.

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Анотація:

Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.

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Khabibulina, Оlga V., та Alexandra V. Prokopchuk. "ГОСУДАРСТВЕННОЕ УПРАВЛЕНИЕ И ИНФОРМАЦИОННОЕ ОБЩЕСТВО: ГРАНИ ВЗАИМОДЕЙСТВИЯ". Азиатско-Тихоокеанский регион: экономика, политика, право 54, № 1 (2020): 74–89. http://dx.doi.org/10.24866/1813-3274/2020-1/74-89.

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Цифровизация государственного управления затрагивает взаимоотношения органов исполнительной власти с физическими и юридическими лицами во всех сферах жизнедеятельности и преследует двуединую цель: противодей-ствие коррупции и обеспечение законных интересов частных лиц во взаимоотношениях с публичной администрацией. В статье дается характеристика цифровой трансформации административно-политической сферы на примере государственного контроля в таможенной, миграционной сфере. Расширению свободы предпринимательства, снятию ограничений для развития бизнеса способствует предоставление большинства государственных услуг предпринимателям и юридическим лицам в электронной форме, появление «Платформы для работы с обращениями предпринимателями». Учитывая важность социально-культурной сферы в формировании социально и юридически ответственного гражданина РФ, поднимается вопрос глобальной цифровой трансформации образования и просвещения в интересах обучающихся в плане создания основанной на принципах равенства и открытости возможностей безграничной образовательной среды, а также доступности педагогам передовых образовательных программ для обеспечения применения индивидуальных подходов к обучению. Цифровизация внутриаппаратных отношений, связанных с государственной службой, позволяет решать вопрос соответствия чиновников предъявляемым требованиям и совершенствования кадровой политики в направлении обеспечения продвижения современных профессиональных кадров. The digitalization of public administration touches the cooperation between the executive bodies and legal entities and individuals in all spheres of life and seeks for a dual aim, i.e. to combat corruption and to provide the legal interests of private persons in their interaction with public management. The paper characterizes the digital transformation of administrative and political sphere illustrating the state supervision in the customs and migration. Digital way of providing the majority of public services to the entrepreneurs and legal entities, as well as the new Platform for Work with the Entrepreneurs, contributed to an increased free business activity and remove of restrictions on business development. Taking into consideration the importance of social and cultural sphere in developing a socially and legally responsible citizen of the Russian Federation, the paper discusses the issue of global digital transformation in education, so that to create an equal and giving open opportunities unlimited educational environment for all students, along with advanced educational programs for teachers to provide individual approaches in education. The digitalization of inside relations connected with the public service allows solving the problem of meeting the requirements for the officials and development of human resources policy in promoting up-to-date professional staff.

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Кошиков, Д. О. "International Experience in Assessing Economic Security: Basic Approaches and Opportunities for Ukraine." Law and Safety 77, no. 2 (June 24, 2020): 118–25. http://dx.doi.org/10.32631/pb.2020.2.16.

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It has been stated that the implementation of state policy in the field of economic security of the country requires systematic monitoring and adjustment, taking into account the rapid changes in the global world and economic space. This monitoring of the state of economic security of the country should be carried out by obtaining and studying certain factual data that allows to make a conclusion about the effectiveness of joint efforts of the authorized state agencies in the direction of national economic security. The necessity of further study of the effectiveness of the activities of state agencies of foreign countries in the implementation of economic security policy, which would strongly influence the development of the national system for assessing such effectiveness. The author has considered scientific approaches to the definition of the term “economic security” in foreign scientific sources depending on the object of study (country, region, person), as well as indicators of its evaluation. International experience of assessing the economic condition and economic security of foreign countries has been analyzed, which is used both at the level of government and for compiling international ratings of the World Bank and the Bank for Reconstruction and Development. The World Bank and the European Bank for Reconstruction and Development carry out several comprehensive studies of the economic development of the world countries, covering both the assessment of the current state of its main industries and possible security threats arising from the current global tendencies in public life. It is interesting fact in the researched methods that along to purely economic data, experts study related areas, in particular the level of corruption, crime, efficiency of government agencies, the quality of the regulatory base and the level of state intervention in economic processes and business structures. It is also important in these studies that qualitative indicators are used along with quantitative ones, which consist of studying the opinions of the business environment, entrepreneurs and other business entities. The main directions of the implementation of positive international experience in assessing the level of economic security to national practice have been suggested. It has been concluded that the national method of calculating the level of economic security of Ukraine needs to be improved by introducing into its system the indicators of state agencies’ work in the relevant area, defining criteria and indicators for combating economic crime and corruption, improving the mechanism of collecting primary data by adding sociological research, expert assessments and research of foreign financial institutions.

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Horobets, N. S. "Specific Features of Counteracting VAT Evasion: Experience of Ukraine and Foreign Countries." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 121–29. http://dx.doi.org/10.32631/v.2020.4.11.

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The article is focused on determining specific features of counteracting VAT evasion in Ukraine and foreign countries. It has been found out that the presence of VAT in the tax system of any state is a prerequisite for such a state to become a member of the European Union and it is due to its broad tax base and more neutral impact on economic decision-making on investment and consumption issues. It has been noted that the joint search by the states for the ways to combat VAT evasion is due to the need to minimize the damage caused to the financial and economic interests of the state by such actions, to increase the efficiency of value added tax, to increase the competitiveness level of domestic producers, to stimulate priority economic activities in the state. The content of value added tax as an indirect tax in accordance with the provisions of scientific doctrine has been revealed. Specific features of legal and illegal (tax crime) types of VAT evasion have been studied. The list of the methods to evade value added tax in Ukraine and foreign countries has been provided. The specifics of general and special ways to counteract this action have been revealed. The emphasis has been placed on such methods of counteracting VAT evasion as enshrining legal liability for VAT evasion at the legislative level; exercising tax control over the entities that are registered as value added taxpayers; usage of electronic document management and other opportunities of the digital economy, which allows to identify risks in the activities of taxpayers during their initial registration, etc. It has been concluded that there is no unified approach to the implementation of counteraction to value added tax evasion by state-authorized agencies; and the emphasis has been placed on the feasibility of existence of a basic list of the methods to counteract value added tax evasion.

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O. H., Bilokon. "Concept And Types of Bribery as a Cross-cutting Сoncept in the Сriminal Law of Ukraine". Yearly journal of scientific articles “Pravova derzhava”, № 31 (2020): 496–505. http://dx.doi.org/10.33663/0869-2491-2020-31-496-505.

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The article explores and analyzes the general meaning of the term "bribery" in the Criminal Law of Ukraine. It was defined that the main social dangers of bribery are the following: committing this crime prevents citizens from free exercising their right to participate in all-Ukrainian and local referendum, violates their procedure, may affect the elections results and the decision on the referendum issue; goes beyond the granted official or official authority, characterized by the committing of substantial harm to the rights or interests of individuals, protected by law, or to the state or public interests or interests of legal entities; it is a socially dangerous act, the commission of which is to use the authority given to persons for the purpose of obtaining from other persons undue benefits; it is a socially dangerous act, the commission of which is performed via use of power against the interests of the service; it is a socially dangerous act, the commission of which is performed via use the position powers contrary to the interests of a legal entity of private law, regardless of the legal form. At the same time, the prerequisites of becoming responsible for bribery in the Ukrainian legislation were clarified and the types of bribery were analyzed, depending on the specifics of the rights and powers of subjects, depending on the degree of obviousness for persons, who are not parties or interested parties to bribery, as a corruption offense and depending on the role of the state in setting of social relations, the order of which is disrupted by bribery. From the analysis of articles of the Criminal Code of Ukraine bribery is characterized as: acceptance of an offer, promise or receipt for oneself or for the third party of unlawful benefit; an offer or promise to provide an illegal benefit; The definition of the concept of "bribery" in the criminal law of Ukraine is proposed to be considered as a socially dangerous, punishable act, characterized by the agreement of two interested persons, or the inclination of one person for the benefit of the other, to gain (give) illegal advantage by abuse of the authorized person by their authority or their official power another person.

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Ткаченко, Н. М. "ADMINISTRATIVE AND LEGAL REGULATION OF INTERACTION OF SUBJECTS AGAINST SOCIAL ORPHANIA." Juridical science 1, no. 4(106) (April 2, 2020): 167–74. http://dx.doi.org/10.32844/2222-5374-2020-106-4-1.20.

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The relevance of the article is that effective work on the protection of children and adolescents requires coordinated cooperation between the executive authorities, public institutions of education, health, social protection, as well as public organizations working to prevent negative phenomena in adolescence. Today, the issue of improving the efficiency of central and local executive bodies, guardianship and care bodies aimed at prevention of social orphanhood, development of comprehensive social services for children deprived of parental care and families with children in difficult life circumstances remains relevant, introduction of new technologies of social work with such children and families. The mechanism of interaction of executive bodies with public organizations engaged in the field of protection of children's rights is insufficiently effective. The purpose of the article is to, based on the analysis of the achievements of legal science, the provisions of domestic law and law enforcement practice, to identify and investigate problematic issues regarding the administrative and legal regulation of the interaction of the subjects of combating social orphanhood. The article outlines the problematic issues and features of the administrative and legal regulation of the interaction of the subjects of combating social orphanhood. The system of measures for child protection in Ukraine is determined; the order of interaction of the subjects of the system of social services; interaction of entities implementing measures in the field of prevention and counteraction to domestic violence; social prevention measures in the family, children and youth environment; basic principles of state policy on social protection of orphans and children deprived of parental care, as well as persons from among them; the order of registration of children who are in difficult life circumstances. It is concluded that despite significant successes on the part of the state in the face of authorized executive bodies and local governments to prevent and combat social orphanhood, it should be emphasized that the state social policy, the implementation of which largely depends on the interaction of these bodies, should be aimed at strengthening the social protection of families in the context of socio-economic transformation of Ukrainian society.

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Fomenko, Andriy. "Concepts and Features of Criminological Activity of the National Police of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 8–15. http://dx.doi.org/10.31733/2078-3566-2020-4-8-15.

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The author has defined the concept of criminological activity of the National Police as a type of policing, which is a set of lawful actions of police officers who have knowledge and skills of their application in law in general, and criminology in particular, carried out by legal means and methods using current criminological technologies in education, scientific and practical forms in order to combat criminal offenses, as well as related negative phenomena for society, elimination of determinants of criminal offenses, identification of criminal offenses and crimes, victims of criminal offenses, identification of persons in need of special protection by the state and / or rehabilitation. In accordance with the characteristics of such activities should include: 1) is a type of police law enforcement activity, characterized by standardization, system, organization and professionalism; 2) is a set ofactive actions of authorized entities (officials and officials of police bodies) who have knowledge and skillsin the field of law and special criminological knowledge; 3) is carried out by legal means and methods allowed by the legislation with use of actual criminological technologies (methods), and also scientific methods of knowledge; 4) possible forms of such activity are educational, scientific and practical, while scientific criminological activity performs a supporting function in relation to this kind of practical activity; 5) in its intellectual content can be organizational (managerial), cognitive-search, communicative; 6) its general purpose is to counteract criminal offenses (their detection, cessation, prevention, prevention), as well as related negative phenomena for society (abuse of rights, etc.), elimination of determinants of criminal offenses, identification of criminal offenses and crime, victims of criminal offenses, identification of persons in need of special protection by the state and / or rehabilitation; 7) each of the forms of such activity within the defined purpose, aimed at solving a separate task, namely: a) criminological educational activity – training of specialists with special criminological knowledge and skills; b) criminological scientific activity – the search for ways to solve current theoretical and applied criminological problems; c) criminological practical activity – reduction of the number of committed criminal offenses, elimination of their causes and conditions, taking appropriate measures against persons who are prone to committing offenses or have already committed them, as well as with regard to potential and actual victims; 8) may be carried out as an independent type of police activity, and in parallel with its other types, for example in the implementation of operational and investigative or criminal procedure activities

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Bator-Bryła, Monika Patrycja. "Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union." Review of European and Comparative Law 46, no. 3 (August 21, 2021): 189–218. http://dx.doi.org/10.31743/recl.12340.

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The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship. The prohibition of discrimination on grounds of nationality is undoubtedly one of the main goals of the European Union[1] in the social and economic context, which was reflected in the localization of the matter in question in the primary law of the European Union[2], in secondary law and in the jurisprudence of the Court of Justice of the European Union (CJEU). The Treaty on European Union (TEU)[3] and the Treaty on the Functioning of the European Union (TFEU)[4] indicate equality as one of the EU values (Article 2 TEU), require it to be promoted and combat all discrimination (Articles 8 and 10 TFEU) and prohibit discrimination due to the criteria indicated therein (Articles 18 and 19 TFEU). In secondary law, this principle was expressed primarily in the Regulation of the European Parliament and of the Council No. 492/2011 on the free movement of workers within the Union and in art. 24 of Directive 2004/38/EC 2004 on the right of citizens of the Union and their relatives to move freely[5]. A special role in this area is played by the case law of the Court of Justice of the European Union (CJEU), which stated that all authorities of the Member States are obliged to refuse to apply a provision of national law that is contrary to the prohibition of discrimination on the grounds of citizenship (Article 18 TFEU)[6]. Moreover, national measures may be examined in the light of art. 18 TFEU, but only to the extent that they apply to situations not covered by specific non-discrimination provisions included in the Treaty[7]. The author puts forward the thesis that the analysis of CJEU jurisprudence reveals a visible dissonance between the application of national regulations of the Member States and the provisions of EU law in this matter, which significantly hinders the implementation of the principle of non-discrimination in practice. Discrepancies mainly occur in domestic legal acts due to the improper drafting of national legal provisions and / or their misinterpretation by national judicial or administrative authorities. It should be emphasized that the Member States are obliged to comply with EU law, which is not tantamount only to the obligation of state authorities to respect directly applicable acts, or to implement required regulations into internal law, but also the obligation to interpret and apply internal law in a manner that does not violate the requirement resulting from EU law[8]. Judicial and administrative authorities of the Member States should therefore interpret national law as far as possible, in line with EU law, because the limits of the pro-EU interpretation will be determined by the powers conferred by domestic law[9]. The study uses the legal-comparative method, consisting in a comparative analysis of the legal systems of the Member States and the European Union in the field of non-discrimination on the basis of nationality, rights and restrictions on the freedom of movement of authorized entities. Comparative verification of EU acts with the internal standards of individual EU Member States allows to reveal the degree of advancement of the implementation process of EU law provisions under the free movement of EU citizens and their family members in the discussed area in the legal systems of European Union Member States. The purpose of this analysis is to, inter alia, diagnose areas in which these countries have not implemented or improperly implemented EU regulations, or have misinterpreted them. The second method used is the method of analyzing the jurisprudence of the Court of Justice of the European Union - the rulings of the CJEU constitute a significant part of the study. The case law in question covers the period from the establishment of the Treaties of Rome to the present day. The use of the latter obligated the author to apply the comparative method of judgments based on same or similar legal bases in similar circumstances from different stages of the evolution of the free movement of citizens of the European Union and their family members under the prohibition of discrimination on the basis of nationality. [1] Cf. Olivier De Schutter, Links between migration and discrimination. A legal analysis of the situation in EU Member States (Brussels: European Commission, 2016), 102 and next; See also Brita Sundberg-Weitman, Discrimination on Grounds of Nationality. Free Movement of Workers and Freedom of Establishment under the EEC Treaty (Amsterdam, New York, Oxford: North-Holland Publishing Co., 1977). [2] Erica Szyszczak, “Antidiscrimination Law in the European Union,” Fordham International Law Journal, no. 32 (2008): 635. [3] The Treaty on European Union (consolidated version) OJ of the EU 2012, No. C 326/01. [4] The Treaty on the Functioning of the European Union (consolidated version) OJ of the EU 2012, No. C 326/01. [5] Directive of the European Parliament and of the Council No. 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (O.J.E.C. L 158, 30 April 2004). [6] CJEU Judgement of 7 May 1998, Clean Car Autoservice GmbH p. Landeshauptmann von Wien, Case C-350/96, ECLI:EU:C:1998:205. [7] CJEU Judgement of 18 June 2019, Republic of Austria v Federal Republic of Germany, Case C-591/17, ECLI:EU:C:2019:504, pt 41. [8] Marek Górski, “Wpływ orzecznictwa Europejskiego Trybunału Sprawiedliwości na interpretację i stosowanie przepisów o ochronie środowiska,” in Wspólnotowe prawo ochrony środowiska i jego implementacja w Polsce trzy lata po akcesji, ed. Jerzy Jendrośka and Magdalena Bar (Wrocław: Centrum Prawa Ekologicznego Press, 2008), 31. [9] Monika Niedźwiedź, “Stosowanie prawa wspólnotowego przez organy administracyjne,” Casus, no. 32 (October 2004): 6.

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Joulaei, Hassan, Kamran Bagheri Lankarani, Saeed Shahabi, Fatemeh Azizmohammadi, and Amir Keshavarzian. "Critical Analysis of Corruption in Iran's Health Care System and Its Control Strategies." Shiraz E-Medical Journal In Press, In Press (October 17, 2021). http://dx.doi.org/10.5812/semj.115669.

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Context: according to the corruption perceptions index (CPI) 2018, Iran ranked 148 among 183 countries. This position shows the crucial importance of considering corruption and its negative effect on Iran and its health care system. In this review, we aimed to shed the light on corrupt practices in Iran’s health care system and recommend some practical strategies to combat them. Evidence Acquisition: This is a narrative review based on Vian's conceptual model of corruption in the health sector to evaluate and analyze corruption in Iran's health system. Review of the literature and documents without any time limitation were conducted in several databases including PubMed, Scopus, Web of Science, Google Scholar, and Farsi sources including Iran Medex, scientific information database )SID(, and Magiran, and also the official websites of the Ministry of Health and news agencies. Results: Unfortunately, to the best of our review, there is less published evidence about the extent and types of corruption in Iran's health system. Based on Vian’s model, reviewed literature revealed that Iran's health system is prone to corruption. This system is monopolistic and self-authorized, low transparent and accountable, and required law enforcement in many areas. Evidence to clarify the situation of citizen voice was not found. Conclusions: Based on this study, evidence shows corruption in financing, service provision, and resource generation of Iran's health system. It could affect not only performance of this system but also its responsiveness and effectiveness. To combat, Iran should apply multiple strategies such as; improving good governance, strengthening legal system over the health system, reducing monopoly and discretion stepwise and manageable, enhancing community participation, and finally updating ethics codes in the health system.

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Skoryk, Maryna, and Volodymyr Petrov. "FORENSIC AS A TOOL FOR COMBATING INTERNAL CORRUPTION FRAUD." International scientific journal "Internauka". Series: "Economic Sciences", no. 2(58) (2018). http://dx.doi.org/10.25313/2520-2294-2022-2-7888.

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The number of financial frauds committed by economic entities of various organizational and legal forms, which calls into question the effectiveness of traditional control measures to combat economic crime and fraud. In this regard, the use of the tool of financial investigations - forensics is especially relevant. The article describes the current problem of fraud in enterprises, which occur as a result of imperfections in their system of economic security. According to the results of the studied world experience in the fight against corporate fraud, forensics has been chosen as one of the most effective means. The latest research and publications related to internal corporate fraud are analyzed, the role of forensic science as a tool to combat it is substantiated, the concept of forensic science, its meaning and methods are defined. The main differences of traditional methods of control from forensic procedures are described and the expediency and innovativeness of the introduction of such a method are substantiated. The conceptual model of forensics as a method of investigating intracorporate fraud cases is presented. The effectiveness of the introduction of forensics in enterprises to improve their economic security has been proven. Prospects for the development and use of forensics in Ukrainian companies as a modern method of conducting financial investigations of corporate fraud are outlined.

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A. Vorontsov, Sergey, Alexey Y. Mamychev, Alexander V. Ponedelkov, Veronika V. Kolesnik, and Natalia A. Boyko. "FIGHT CORRUPTION AT THE STATE AND MUNICIPAL LEVELS IN RUSSIA:." Revista Gênero e Interdisciplinaridade 2, no. 01 (March 3, 2021). http://dx.doi.org/10.51249/gei.v2i01.141.

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This paper presents the materials of sociological (field) research devoted to the problems of combating corruption at the state and municipal levels, as well as the analysis of data and expert opinions obtained in the course of field research. The sociological study was conducted in the form of a survey of experts in thirteen constituent entities of the Russian Federation, in which more than 1000 people were interviewed. On the basis of the data obtained, the authors substantiate the need for the adequacy and effectiveness of the fight against corruption in Russian society to strengthen the influence of ethical and moral norms on the observance of prohibitions, restrictions, and requirements established in order to combat corruption, as well as the development of additional mechanisms and tools for preventing corruption manifestations. At the same time, it is substantiated that the adopted anti-corruption norms require not only legalization, but also legitimation, that is, recognition and support by citizens and society of this work as a whole. The authors are convinced that the combination of these two components can increase the effectiveness of the prevention of corruption offenses in the Russian Federation. In addition, the work separately examines the anti-corruption legislative initiatives of political parties and social movements, their significance and role in the fight against corruption interaction in society.

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Kudriavtseva, Viktoriya, and Zhanna Bernatska. "CODE OF UKRAINE ON PROCEDURE BANKRUPTCY AS ANTICORRUPTIONAL REFORMING OF THE INSOLVENCY SYSTEM." International scientific journal "Internauka". Series: "Juridical Sciences", no. 10(32) (2017). http://dx.doi.org/10.25313/2520-2308-2020-10-6429.

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Анотація:

The article considers the main directions of state policy to reduce the level of corruption in the insolvency system of Ukraine, reforming the legislation in the field of bankruptcy. Attention is drawn to the important problem of corruption in Ukraine, as it threatens the national security of the state, economic stability, slows down the formation of market institutions, reduces the efficiency of government, creates distrust in society in the values of democracy and rule of law. The author explores different approaches to defining the concept of corruption. This is a complex social, political and economic phenomenon that occurs between induviduals authorized to perform the functions of state or local government, who permanently or temporarily hold positions related to the performance of organizational or administrative functions, officials of legal entities, officials of local self-government but who are not civil servants, who provide public services by using the power granted to them in the field of politics or public administration in order to gain illegal weath for self-interest or for other people interests. Unfortunately, nowadays the situation with corruption is getting worth and worth in Ukraine. According to Transparency International, in 2019 Ukraine ranked 126th out of 180 countries in terms of corruption. The article examines the reform of the insolvency system, namely the adoption of the Bankruptcy Code of Ukraine that has a strong anti-corruption focus. The article pays attention on experience of foreign countries on bankruptcy proceedings, as well as the institution of the trustee, self-regulatory organizations, the term of the debtor's property and electronic trading system.

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Yastrubetska, Lesya. "CORRUPTION AS A SYSTEMIC PROBLEM OF FINANCIAL SECURITY IN UKRAINE." Herald UNU. International Economic Relations And World Economy, no. 36 (2021). http://dx.doi.org/10.32782/2413-9971/2021-36-30.

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Анотація:

The article substantiates the need for a systematic analysis of the phenomenon of corruption in business. The evolution of the concept of «corruption» from the general understanding as an anti-moral social phenomenon to its analysis through a political, socio-economic and legal prism is studied. The author made a comprehensive analysis of Ukraine's anti-corruption position in recent years. The dynamics of change of the international index of perception of corruption in Ukraine is investigated. It is also considered how the indicator of corruption control in the legal and political sub-index of the International Property Rights Index (IPRI) has changed. In addition, the dynamics of change in the bribery risk index in Ukraine is analyzed. The author also reveals the peculiarities of the relationship between the state and business and the presence of cases of corruption in them by analyzing the results of a survey of representatives of business entities. The article proposes a classification of corrupt actions in business by the following characteristics: the subject, type and frequency of corrupt actions, the initiator of corrupt actions. The author describes the corrupt relationships of employees with contractors, in particular when paying for products with forged documents, when receiving / providing products in violation of quality standards, when concluding knowingly unfavorable financial agreements, when concluding fictitious non-commodity agreements, criminal inaction under improper execution of agreements, upon receiving additional loyalty. The need to combat corruption has led to the development of an organizational model for the implementation of anti-corruption policy in enterprises, which includes the preparatory stage, assessment of the anti-corruption position of the enterprise and the implementation of anti-corruption measures in the enterprise. The article also identifies the principles that must be followed in the implementation of anti-corruption policy at the state level and business units. Among the national principles it is proposed to take into account the following: clarity of anti-corruption legislation, transparency and consistency of government action in the field of anti-corruption, efficiency of law enforcement and judicial systems, irreversibility of punishment for corruption, compliance of domestic anti-corruption legislation with international law, media impartiality citizens. At the enterprise level, it is recommended to adhere to the following principles of anti-corruption policy: compliance of the company's anti-corruption policy with anti-corruption legislation, documentation of anti-corruption measures at the enterprise, accessibility of anti-corruption principles to employees and partners, ensuring confidentiality in informing employees. who provided information on cases of corruption, a personal example of zero tolerance for corruption on the part of the owners and the head of the enterprise, the irreversibility of punishment for corruption.

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Шрам, Валерий, and Valeriy Shram. "THE FORMATION OF A SYSTEM OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN SERBIA." Journal of Foreign Legislation and Comparative Law, December 21, 2016, 0. http://dx.doi.org/10.12737/23477.

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The article is devoted to the analysis of the formation of a system of alternative dispute resolution mechanisms in Serbia as one of the instruments stimulating the development of entrepreneurship and combating corruption. The author considers such nonjudicial legitimate methods of dispute resolution as negotiations of the parties, mediation, arbitration (binding arbitration) and the court of honor at the Economic chamber of Serbia, as well as other conciliation procedures. One of the main characteristic by which non-judicial methods of dispute resolution can be classified is the participation in them of third parties. The Serbian law relates to them participation of mediators in the reconciliation procedures, ombudsmen, state rights activists (authorized to protect the rights and interests of the state), judges, lawyers. Special attention is paid to mediation as a set of voluntary modes of settlement of the conflicting parties with the participation of third parties. The mediation is conducted on the good will of the conflicting parties by the mediator who seeks to resolve disputes through a settlement agreement. Under the law mediation can be realized by mediators, ombudsmen, state rights activists (authorized to protect the rights and interests of the state) who are trained by judges and lawyers. The article discusses the mechanism of pre-trial dispute settlement between the conflicting parties. Special attention is paid to the analysis of pre-trial settlement of disputes between parents of minor children decided to divorce. In Serbia an important role in the formation of alternative dispute resolution mechanisms of economic entities plays a chamber of Commerce of Serbia under which exists the court of honor and court of arbitration. Their competence includes the resolution of disputes through mediation.

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Lipentsev, A., O. Voytyk, and N. Maziy. "Combating corruption in customs authorities in the context of ensuring the efficiency of public governance." Efficiency of public administration, no. 66 (June 9, 2021). http://dx.doi.org/10.33990/2070-4011.66.2021.233437.

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Problem setting. The system of public administration is a complex set of related elements and entities that interact with each other, so the manifestation of negative corruption minimizes the possibility of achieving positive results in the process of these communications. Special attention should be paid to the functioning of the customs system, which is an important part of the national economy of Ukraine. In this area, corruption abuses are extremely pronounced, given the peculiarities of the customs industry. This problem is acute and urgent, as its existence causes the progression of those negative phenomena that are currently present in the customs system of Ukraine and reduce the effectiveness of public administration in general.Recent research and publications analysis. The issue of corruption in the context of public administration is the subject of research by many scientists: V. Averyanov, O. Antonova, V. Bashtannyk, Y. Bytyak, I. Borodin, A. Vasyliev, I. Golosnichenko, E. Dodin, L. Koval, V. Kolpakov, A. Komzyuk, N. Lypovska, V. Olefir, O. Ostapenko, I. Pakhomov, O. Petrenko, S. Seryogin, I. Khozhylo, V. Shamray, H. Yarmaki etc. Given the wide range of researchers who study the specifics of corruption in the context of public administration, it is worth noting the significant gaps in the assessment of this issue from a sectoral perspective. In particular, it should be noted the great need to study corruption in customs and find ways to minimize this shameful phenomenon in modern conditions.Highlighting previously unsettled parts of the general problem. The need to analyze corruption processes in the customs authorities and substantiate offers for anti-corruption actions in the field of public administration led to the choice of the topic of the article.Paper main body. Corruption in the general sense can be defined as the illegal activity of persons called to perform the functions of the state, in the form of misuse of their powers in order to obtain benefits by increasing their material wealth, obtaining illegal services or benefits.Global trends indicate the presence of corruption in all countries, so this issue is a priority in solving all spheres of life, both developed and developing countries. In particular, public administration of European countries in the political, informational, institutional and legal context is aimed at combating corruption. To this end, there are such institutions common to EU countries as Greco, the Venice Commission, Olaf, Eurojust, Europol and others. At the interstate level, they coordinate and provide information and analytical support for anti-corruption measures, develop common legal standards in the form of community regulations.In the field of public administration, there is a sufficient legal resource on the basis of which it is possible to ensure anti-corruption policy in the state and, in particular, in the customs sphere. However, the customs system is characterized by a wide range of unresolved issues related to corruption abuses. Accordingly, there is a need to develop offers for overcoming and preventing corruption: development and implementation in the practice of customs authorities of methodological recommendations relating to their employees and aimed at resolving conflicts related to corruption; observance by customs officers of relevant ethical norms, which must harmonize with anti-corruption activities; effective application of responsibility to those guilty of corruption and comprehensive implementation of measures aimed at combating corruption; clear identification of those responsible for corruption in areas where there is a high risk of such abuses; regulation of procedures aimed at preventing corruption of customs officers in the performance of their official duties.Anti-corruption in customs authorities in the context of ensuring the effectiveness of public administration should include the implementation of the following measures: development of conceptual foundations of anti-corruption policy in the customs sphere; adopt a Code of Ethics for Customs Officers in accordance with the needs of anti-corruption policy; effective implementation of the principle of equality before the law in the context of reducing corruption; ensuring equal responsibility for corrupt actions not only for individuals but also for legal entities; ensure the absence of immunity from corrupt practices for officials, including senior executives; delimit the powers of bodies engaged in anti-corruption activities; to intensify the public to combat corruption; wide informing of the public about cases of corruption in customs bodies.Conclusions of the research and prospects for further studies. The problem of corruption in public authorities is a long-standing and painful issue in Ukraine. This problem is especially acute in the activities of customs authorities, as their activities are directly related to foreign economic activity, significant flows of goods and flows of financial resources across the customs border of the state. In turn, this is a direct threat to the country’s national security. Given the fact that Ukraine ranks relatively low in global rankings on the existence of corruption abuses, it is necessary to take decisive measures to reduce the manifestations of this phenomenon, in particular, in the customs authorities.

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Yastrubetska, Lesya. "UNFAIR COMPETITION AS A HYBRID FINANCIAL CONFLICT." Pryazovskyi Economic Herald, no. 2(25) (2021). http://dx.doi.org/10.32840/2522-4263/2021-2-37.

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Effective fight against unfair competition is one of the priorities of state policy and development strategy of each business unit. At the same time, in today's difficult economic environment, exacerbated by the Covid-19 pandemic, many businesses face numerous hybrid financial conflicts, including unfair competition. In this context, the article substantiates the need to find new ways to combat this destructive phenomenon. The author considers the approaches of scientists to understanding the essence of unfair competition and the peculiarities of its legislative regulation. An analysis of the impact of unfair competition on the financial and economic activities of business entities in Ukraine. The article notes that with a fairly broad interpretation of the essence of the concept of «unfair competition» is not always possible to correctly classify certain methods of competition. Blurred boundaries between healthy and unfair competition are a prerequisite for hybrid financial conflicts. The author identifies key manifestations of unfair competition, in particular: economic espionage, influence on consumers by manipulating information, counterfeiting competitors, bribery and blackmail, corruption, financial fraud. Technologies of interaction of unfair competitors with employees of the victim enterprise in order to obtain its confidential financial information are described. These are various negotiations, which often take place through bribery or with elements of psychological pressure, in particular, intimidation, blackmail. In addition, it is determined that in the implementation of unfair competitive activities are actively used technologies of interaction with government agencies and due to corruption mechanisms gain a competitive advantage. Technologies of interaction with the media are also revealed, the purpose of which is to form a favorable public opinion for competitors about the activities of the victim enterprise and to compromise the management of the business entity and products or services offered by it on the market. The article examines the most common types of unfair actions that are carried out in order to achieve undue advantages in competition. In order to counteract unfair actions by competitors, the need to balance the financial interests of market participants is justified, in particular, emphasis is placed on the need for competitive intelligence to raise awareness of potential threats from competitors and protect the internal environment from economic espionage.

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Shtyk, Yuliia, and Ruslana Doroschuk. "MANAGEMENT REPORT: IDENTIFICATION, STRUCTURE, INFORMATION DISCLOSURE." Pryazovskyi Economic Herald, no. 6(29) (2021). http://dx.doi.org/10.32840/2522-4263/2021-6-22.

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The article reviews the peculiarities of the formation of the Management Report, its structure. Based on the above, we can formulate the task of the study, which is to identify and develop the structural content of the management report, which is designed to provide a theoretical foundation for the concept of accounting and analysis in sustainable development. Suggestions for disclosure in the Report on the management of information on social and environmental aspects of the enterprise. It is established that the performance indicators of enterprises (companies) given in the Management Report are the best means of convincing the reliability of the enterprise. It is justified that the management report is useful for all stakeholders. The combination of financial and non-financial reporting will allow companies to establish a link between organizational strategy, financial performance and the components of sustainable development, including social and environmental aspects of activities. The potential of financial indicators will be highlighted by content that can be used to reveal their essence so that they are understandable to users. This includes financial statements, longterm development plans, cases, technological features of production and areas of technology improvement, etc. The components of the management report are considered on the example of the trade network of Silpo-Food LLC, which belongs to the company FOZZY GROUP. In the management report, Silpo-Food LLC also discloses environmental aspects of its activities, where it provides information on the impact of the company’s activities on ecosystems, develops environmental protection measures and takes into account the use of ecosystem services: rational use of water; greenhouse gas emissions, energy consumption, etc. In the area of “Social aspects and personnel policy” provides information on “encouragement (motivation) of employees; labor protection and safety; measures to combat corruption and bribery, etc.”. The need to form an integrated reporting model, which will provide more complete information about the activities of domestic enterprises, eliminate the shortcomings of information management system and reflect in more detail the financial risks and opportunities of economic entities.

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AlAshry, Miral Sabry. "New constitution and media freedom in Libya: journalists’ perspectives." Journal of Information, Communication and Ethics in Society ahead-of-print, ahead-of-print (May 5, 2021). http://dx.doi.org/10.1108/jices-11-2020-0113.

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Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented (freedom of information and personal information act) because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution.

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