乌克兰国家刑事行政机关工作人员职务状态渎职特征

S. Nishchymna, О. Tkachenko
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引用次数: 0

摘要

在现代乌克兰社会面临的诸多问题中,打击腐败、关系和官员为实现个人目标而利用的阴谋的问题在过去十年中变得比以往任何时候都更加重要。腐败犯罪等因素对经济系统安全的影响是难以估量的,因为各种形式的腐败使公共机构的正常运作复杂化。其中一个主要问题是对国家结构的不信任,这最终也导致该国在国际舞台上的负面形象。官员滥用职权往往是腐败,滥用职权是整个复杂的官员犯罪的一个组成部分。不当行为或公职具有社会危害性,因为这种犯罪不仅会对法人实体及其代表造成物质损害,也会造成非物质损害,侵犯他人的权利和合法利益。乌克兰在打击滥用职权领域的现代刑事立法之所以需要现代化,是因为其效率明显低下。官员滥用职权作为一种社会现象存在于现代世界的所有国家,无论其政治制度如何,犯下这些罪行的人的刑事责任问题仍然是相关的。与此同时,为了改进乌克兰关于滥用职权的刑事责任的规范,不仅需要参考目前的趋势,而且需要参考现有的国际经验。这项研究的紧迫性取决于需要找到新的办法,以提高乌克兰刑法在打击滥用职权方面的效力,利用对这一领域趋势的比较法律研究的结果,评估预防整个滥用职权复杂情况的机会。关键词:官员,渎职,滥用职权,职权,职权渎职,反腐败,预防渎职。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CHARACTERISTICS OF MISFEASANCE OF OFFICIAL STATUS STATE OF PERSONNEL OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE
Among the many problems facing modern Ukrainian society, the problem of combating corruption, connections and schemes used by officials to achieve their personal goals has become more relevant than ever in the last decade. The impact on the security of economic systems of such a factor as corruption crimes is difficult to overestimate, because corruption in all its manifestations complicates the normal functioning of public institutions. One of the main problems is distrust of state structures, which ultimately also leads to the creation of a negative image of the country in the international arena. Official abuses are often corrupt, and abuse of office is an integral part of the whole complex of official crimes. Misfeasance or official position is socially dangerous, as this crime can cause not only material but also non-material damage to legal entities and their representatives, encroach on the rights and legitimate interests of others. The need to modernize the modern criminal legislation of Ukraine in the field of combating abuse of office is due to its obvious inefficiency. Official abuses as a social phenomenon exist in all countries of the modern world, and the problem of criminal liability of persons who commit these crimes remains relevant regardless of their political system. At the same time, in order to improve the norms regulating criminal liability for abuse of office in Ukraine, it is necessary to turn not only to current trends, but also to the existing international experience. The urgency of the study is determined by the need to find new approaches to improve the effectiveness of criminal law in Ukraine in the fight against abuse of office, use the results of comparative legal study of trends in this area, assess opportunities to prevent the whole complex of abuse. Key words: official, misfeasance, abuse of office, official authority, misfeasance of official authority, fight against corruption, prevention of misfeasance or official position.
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