Current state and trends in the development of legislation to prevent corruption

Q3 Social Sciences

Informatologia Pub Date : 2022-01-01 DOI:10.32914/i.55.1-2.9

B. Holovkin, M. Melnyk, Viktor M. Trepak

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Abstract

The purpose of the study is to provide theoretical and legal and comparative legal analysis of the es-sence, content, modern trends and features of anti-corruption legislation, develop proposals for improving Ukrainian anti-corruption legislation. In the process of solving research problems, general scientific methods of cognition were used, in particular: analysis, synthesis, comparison, analogy, deduction, induction, abstraction; as well as special methods: comparative legal, legal-sociological, formal-legal, systematic method and the method of structural-functional analysis etc. The analysis of criminal law norms shows that the main trends in the modernization of the criminal legislation of Ukraine on re-sponsibility for crimes of corruption in general have a positive trend. At the same time, the criminal-legal impact on public relations associated with the commission of socially dangerous acts of a corrupt nature needs further improvement in order to prevent and timely suppress corruption crimes. In Ukraine, there are parallel systems of administrative and criminal liability for corruption-related offenses, which often leads to duplication and generally weakens the effectiveness of anti-corruption measures. In addition, the general anti-corruption laws adopted in Ukraine give the impression of a solid legal basis, but they are often inactive, since their provisions are not supported by sound law enforcement practice. Also, the anti-corruption experience of the proposed countries, such as Sweden, Finland, Germany and France really looks like a certain benchmark to which every country, including Ukraine, should strive and take example from them.

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预防腐败立法的现状和发展趋势

本研究的目的是对乌克兰反腐败立法的涵义、内容、现代趋势和特点进行理论和法律上的比较分析，提出完善乌克兰反腐败立法的建议。在解决研究问题的过程中，使用了一般的科学认知方法，特别是:分析、综合、比较、类比、演绎、归纳、抽象;以及特殊的方法:比较法、法社会学、形式法、系统法、结构功能分析法等。对刑法规范的分析表明，乌克兰腐败犯罪责任刑事立法现代化的主要趋势总体上具有积极的趋势。同时，为了预防和及时打击腐败犯罪，需要进一步完善与腐败性质的社会危险行为有关的公共关系的刑事法律影响。在乌克兰，与腐败有关的罪行有平行的行政和刑事责任制度，这往往导致重复，并普遍削弱了反腐败措施的效力。此外，乌克兰通过的一般反腐败法给人一种坚实的法律基础的印象，但它们往往是无效的，因为它们的规定没有得到健全的执法实践的支持。此外，瑞典、芬兰、德国和法国等国家的反腐败经验确实是一个标杆，包括乌克兰在内的每个国家都应该努力学习和效仿。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Informatologia Social Sciences-Law

自引率

0.00%

发文量

审稿时长

16 weeks

期刊介绍： INFORMATOLOGIA is scientific journal which is dealing with general and specific problems in scientific field of Information Science. INFORMATOLOGIA publishes scientific and professional papers from information and communication sciences, which are refering to theory, technology and praxis of information and communication, education, communication science, journalism, public relations, media and visual communication, organisation and translotology and papers from related scientific fields. INFORMATOLOGIA is beeing published over thirty years and it gathers prominent experts in field of Information and Communication Science. The journal is published four times a year and it publishes scientific papers.