{"title":"Methodological concept of the research of criminal and legal support against corruption bribery in Ukraine","authors":"M. Mykhailov","doi":"10.15804/rop2020409","DOIUrl":null,"url":null,"abstract":"Th e article presents the methodological concept of the study of criminal law support for combating corruption bribery in Ukraine. At the same time, the study of criminal liability for corruption bribery should be based on an appropriate methodological basis. Successful choice of methods of scientifi c knowledge has a direct impact not only on the research process but also on its results. To obtain reliable conclusions, it is unconditional to use the widest possible methodological tools, taking into account the peculiarities and specifi cs of the fi eld of research. Th e protection of human rights in Ukraine today is inextricably connected with combating such a negative phenomenon as corruption. Th is thesis is declared by a number of international legal agreements, laws and regulations of Ukraine. Th e European standards of combating corruption in the paradigm of the rule of law exactly allow to increase the eff ectiveness of the eff orts of the Ukrainian society in this direction. Th e above allows us to formulate a methodological concept for the study of criminal law support for combating corruption bribery in Ukraine. Research of criminal liability for corruption bribery should be carried out from the standpoint of a binary approach: 1. To fi nd out the cause and conditions of occurrence, as well as certain characteristics of the phenomenon itself – deviant behavior in the form of corrupt bribery. 1 Prosecutor of the Kyiv Local Prosecutor’s Offi ce No 1, Postgraduate Student at the Department of Criminal Law, Criminology and Judiciary, V.M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine, Mihailov0088@gmail.com. ORCID: 0000-0002-5448-5379. 124 MYKHAILO MYKHAILOV 2. To develop the concept of criminal law counteraction to corruption bribery and development of substantiated scientifi c recommendations on the construction and content of relevant criminal law norms-prohibitions. At the same time, the theory of social naturalism should be chosen as the primary source of worldviews for the study of criminal liability for corruption bribery. Th is will allow developing new concepts for the formation of law-abiding behavior in the anti-corruption sphere by reassessing the means of legal regulation, partial rejection of positivist principles and the introduction of natural – naturalistic approaches to the formation of criminal law.","PeriodicalId":300317,"journal":{"name":"Reality of Politics","volume":"12 Suppl 1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Reality of Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15804/rop2020409","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
Th e article presents the methodological concept of the study of criminal law support for combating corruption bribery in Ukraine. At the same time, the study of criminal liability for corruption bribery should be based on an appropriate methodological basis. Successful choice of methods of scientifi c knowledge has a direct impact not only on the research process but also on its results. To obtain reliable conclusions, it is unconditional to use the widest possible methodological tools, taking into account the peculiarities and specifi cs of the fi eld of research. Th e protection of human rights in Ukraine today is inextricably connected with combating such a negative phenomenon as corruption. Th is thesis is declared by a number of international legal agreements, laws and regulations of Ukraine. Th e European standards of combating corruption in the paradigm of the rule of law exactly allow to increase the eff ectiveness of the eff orts of the Ukrainian society in this direction. Th e above allows us to formulate a methodological concept for the study of criminal law support for combating corruption bribery in Ukraine. Research of criminal liability for corruption bribery should be carried out from the standpoint of a binary approach: 1. To fi nd out the cause and conditions of occurrence, as well as certain characteristics of the phenomenon itself – deviant behavior in the form of corrupt bribery. 1 Prosecutor of the Kyiv Local Prosecutor’s Offi ce No 1, Postgraduate Student at the Department of Criminal Law, Criminology and Judiciary, V.M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine, Mihailov0088@gmail.com. ORCID: 0000-0002-5448-5379. 124 MYKHAILO MYKHAILOV 2. To develop the concept of criminal law counteraction to corruption bribery and development of substantiated scientifi c recommendations on the construction and content of relevant criminal law norms-prohibitions. At the same time, the theory of social naturalism should be chosen as the primary source of worldviews for the study of criminal liability for corruption bribery. Th is will allow developing new concepts for the formation of law-abiding behavior in the anti-corruption sphere by reassessing the means of legal regulation, partial rejection of positivist principles and the introduction of natural – naturalistic approaches to the formation of criminal law.