Drawing up the protocol in cases of administrative corruption offenses committed in the field of healthcare

Abstract

The scientific article is devoted to the peculiarities of drawing up protocols for administrative corruption offenses committed in health care. The norms of legislation and by-laws have been studied. First of all, the norms of the Code of Administrative Offenses and the Law of Ukraine “On Prevention of Corruption” have been analyzed. The scientists' works devoted to the problems of proceedings in cases of administrative offenses have been studied. Several recommendations have been given to be taken into account by law enforcement officers when drawing up protocols for the commission of a corruption offense in the field of health care. The content features of such protocols have been established. Protocols on the commission of such administrative offenses are most often drawn up by police officers. It has been claimed that the protocol should indicate the period during which the citizen held a position in the state management body of the health care system or a managerial position in a health care institution. It has been noted that when drawing up the protocol, it is necessary to specify the norms of the Law of Ukraine “On Prevention of Corruption” violated by the official. The document should determine the length of time the administrative offense related to the violation of requirements for cooperation or the failure to take measures to fight corruption lasted. It is necessary to determine the period during which the conflict of interests lasted. It is necessary to establish the value of gifts illegally received by the manager from subordinates or patients. The protocol should reflect what the violations of the rules for resolving conflicts of interest exactly were. All other requirements for such protocols provided by law must also be fulfilled. It gas been concluded that there may be corruption offenses committed by civil servants of health care system management bodies. In addition, the subjects of an administrative corruption offense may be the heads of health care institutions or their deputies, heads of departments, and their deputies.

Keywords

• corruption offenses
• administrative offenses
• offenses in the field of health care
• health care
• protocol on administrative offense.