打击政党融资方面的政治腐败:欧盟立法实施前景

N. O. Maksimentseva
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引用次数: 0

摘要

本文通过对乌克兰法律中“政治腐败”概念的分析,证明了乌克兰法律对“政治腐败”概念的界定和特征不明确。相反,作者强调了政治腐败的主要特征,它与其他类型的腐败的区别。此外,分析了《2020-2024年反腐败战略》对“政治腐败”概念的规范特点。本文特别关注政治腐败的类型,即政党的资助以及欧盟在处理透明度、控制、预防和打击非法活动方面的经验。注意筹资来源、筹资类型的选择和某些类型收到资金的特点。“礼品”的概念和与这类资金有关的问题、礼品的透明度和合法性以及适用法律要求范围内的此类活动、对此类收入数额的限制以及报告和申报各方收入的程序。已经建立了一个控制资金接收透明度的制度:1)各方有义务报告事实和接收来源;2)提供法人、自然人捐赠人信息;3)明确了欧盟特别授权机构核查政党收入和捐款的权利。以国家资金资助政党的程序及其提供条件、资金支出的报告和控制特点、资金的领域、接受资金的限制和要求、申报某些资金来源的程序和要求。它还提到控制从欧洲联盟预算中为政党筹资的机构采取措施的权利和机会。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
COMBATING POLITICAL CORRUPTION ON POLITICAL PARTY FINANCING: PROSPECTS FOR IMPLEMENTATION OF EU LEGISLATION
The article provides an analysis of the concept of "political corruption" under the laws of Ukraine and proves the lack of a clear definition and features of this concept. Instead, the author highlights the main features of political corruption, its differences from other types of corruption. In addition, the peculiarities of regulating the concept of "political corruption" in the Anti-Corruption Strategy 2020-2024 are analyzed. The article pays special attention to the types of political corruption, namely the financing of political parties and the experience of the European Union in addressing issues of transparency, control, prevention and combating illegal activities. Attention is paid to sources of financing, selection of their types and features of receipt of funds by certain types. The concept of "gifts" and issues related to this type of funding, transparency and legitimacy of gifts and such activities within the requirements of applicable law, setting limits on the amount of such income and the procedure for reporting and declaring the income of parties. A system of control over the transparency of the receipt of funds has been established: 1) the obligation of parties to report the fact and source of receipt; 2) provide information on legal and natural persons-donors; 3) the right of a specially authorized body of the EU to verify the revenues and contributions of political parties is defined. The procedure for financing political parties at the expense of state funds and the conditions for their provision, features of reporting and control over the expenditure of funds, areas of funding, restrictions and requirements for the receipt of funds, the procedure and requirements for declaring certain financial sources. It also mentions the rights and opportunities for measures taken by the bodies that control the financing of political parties from the budget of the European Union.
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