乌克兰在预防腐败领域实施国家政策的有效性

О. Busol, Interagency Scientific
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引用次数: 0

摘要

2015-2016年,成立了几个专门的反腐败机构——乌克兰国家反腐败局(NACB)和专门反腐败检察官办公室(SACPO)——作为总检察长办公室结构中的一个独立结构单位,以及国家调查局(SBI)和国家预防腐败署(NAPC)等。新机构的建立、工作人员的协助和最初的步骤是在一场严酷的政治斗争中进行的,政治精英、执法机构和司法机构的代表积极反对,他们对维持现状很感兴趣。实践表明,新成立的机构的活动并不符合公众的要求。这是由于专门的反腐败机构的职能薄弱和未能改革司法制度造成的,结果在一些案件中遭到法官的直接反对。腐败犯罪与其他犯罪的区别在于其高潜伏期,这使其犯罪学特征的规定复杂化。根据科学研究,只有1-5%的腐败犯罪被执法机构调查。其余的仍然是潜伏的,犯罪者仍然没有受到惩罚,因为他们没有被起诉,可以自由地继续他们的犯罪活动。因此,有关腐败状况的官方数据并不能反映其实际状况;它只是向我们展示了执法机构打击此类犯罪的活动。此外,通常是小官员被追究责任。与此同时,跨国犯罪集团参与贿赂政客,这些政客能够按照客户的意愿影响国家的经济进程。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE EFFECTIVENESS OF REALIZING THE STATE POLICY IN THE FIELD OF THE CORRUPTION PREVENTION IN UKRAINE
INTRODUCTION In 2015-2016, several specialized anti-corruption agencies were created – the National Anti-Corruption Bureau of Ukraine (NACB) and the Specialized Anti-Corruption Prosecutor’s Office (SACPO) – as an independent structural unit in the structure of the General Prosecutor’s Office, as well as the State Bureau of Investigations (SBI) and the National Agency for the Prevention of Corruption (NAPC), and others. The creation, staff assistance and the first steps to new institutions took place in a harsh political struggle and active opposition from the representatives of the political elite, law enforcement agencies and the judiciary corpus, interested in maintaining the status quo. As practice shows, the activity of newly-formed agencies does not comply with the public request. This is due to functional weaknesses of the specialized anti-corruption institutions and the failure to reform the judiciary system, and, as a result, in a number of cases the direct opposition of the judges 1 . What separates corruption crimes from others is their high latency, which complicates the provision of their criminological characteristics. According to scientific research only 1-5% of corruption crimes get to be investigated by the law enforcement agencies. The rest remains latent, and the perpetrators remain unpunished, as they are not being prosecuted and can freely continue their criminal activity 2 . Thus, official data on the state of corruption does not reflect its actual state; it only shows us the activity of law enforcement agencies against such crimes. In addition, it is usually small officials that are brought to the liability. Meanwhile, transnational criminal groups take part in the bribery of politicians who can influence economic processes in the state in the direction that their customers want.
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