Вісник Харківського національного університету внутрішніх справ (Oct 2023)
Administrative and legal regulation of the limits for preventing and combating corruption in the public service
Abstract
The article states that the fight against corruption in the public service requires the regulatory and legal consolidation and organizational implementation of the limits for preventing corruption, by which we understand the actual definition of anti-corruption activities in laws and subordinate legal acts, as well as the existence at the organizational and institutional level of regulatory mechanisms the impact of social relations that arise in the course of the work of anti-corruption and law enforcement agencies in the field of preventing and countering corruption. The Law of Ukraine “On Corruption Prevention”, the Criminal Code of Ukraine, the Law of Ukraine “On Civil Service”, the Law of Ukraine “On the National Anti-Corruption Bureau”, the Law of Ukraine “On the Specialised Anti-Corruption Prosecutor’s Office” are the main legislative acts regulating the issues of preventing and combating corruption. Based on the essence and normative and legal grounds of the limits for preventing and combating corruption, we conditionally divide the latter into normative and legal, institutional, which provide for the existence and effective functioning of specially authorised entities responsible for preventing and combating corruption, moral and ethical limits. Problematic aspects of the limits for preventing and countering corruption in the public service include the lack of effective mechanisms for public control over the declarations of officials under martial law, insufficient coordination between law enforcement agencies in the course of preventing and countering corruption, and the interference of political forces in the process of formation and further functioning of anti-corruption bodies. Through the prism of the USA’s experience detailed study and the views of domestic administrative scientists, separate areas of improvement of the administrative and legal regulation of the limits for prevention and counteraction corruption in the public service have been formed, in particular, the formation of an effective system of separation of powers between the executive, legislative and judicial branches, ensuring at the constitutional level guarantees of basic rights and freedoms, the development of an appropriate institutional structure, the effectiveness of legislative mechanisms of control (supervision).
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