战时腐败的刑事和法律特征:国防研究

T.M. Suprun-Kovalchuk
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引用次数: 0

摘要

要打击国防部门的腐败,必须优先采取反腐败措施并实施全面战略。这包括建立强有力的法律框架和监管机制,确保透明度和发展国际合作领域。国防领域的国际合作是在反腐败斗争中采取集体行动、交流知识和相互支持的平台。这有助于加强国防机构的廉正,提高采购过程的透明度,创造一个腐败现象不易滋生的全球环境。反腐败措施的成功与否在很大程度上取决于是否有能力应对当前的腐败表现形式、制定有效的应对措施以及预测腐败方面有希望发生的变化和转型进程。因此,在战后重建的条件下,对选定部门的潜在腐败 "发展 "进行评估非常重要。今天,增加战时腐败犯罪的刑事责任问题具有现实意义,因为乌克兰总检察院网站的统计数据显示,只要腐败犯罪本身被发现,99%的案件中这些人都没有被绳之以法。造成这种情况的原因是缺乏调查此类刑事犯罪的有效机制,包括缺乏关于战时腐败责任的刑法规范。结论是,国防部门的腐败破坏了公众信任,削弱了民主治理。当国防官员参与腐败行为时,就会破坏问责、透明和廉正的原则。这助长了有罪不罚的文化,削弱了法治,最终破坏了公民对国家机构的信任及其保护国家利益的能力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal and legal characteristics of corruption in wartime: defense research
To fight corruption in the defense sector, it is important to prioritize anti-corruption measures and implement comprehensive strategies. This includes creating a strong legal framework and regulatory mechanisms, ensuring transparency and developing areas of international cooperation. International cooperation in the field of defense is a platform for collective action, exchange of knowledge and mutual support in the fight against corruption. This contributes to strengthening the integrity of defense institutions, the transparency of procurement processes and the creation of a global environment where corruption is less likely to flourish. The success of anti-corruption measures significantly depends on the ability to respond to current manifestations of corruption, to develop effective countermeasures and to forecast promising changes and transformational processes in corruption. Therefore, it is important to assess the potential «development» of corruption in the selected sector in the conditions of post-war reconstruction. Today, the question of increasing criminal liability for corruption offenses during wartime is relevant, because the statistical data of the website of the General Prosecutor's Office of Ukraine, which have been reviewed, show that, provided that the corruption offense itself is detected, such persons are not brought to justice in 99 % of cases. The explanation for this situation is the absence of an effective mechanism for investigating such criminal offenses, including the absence of a criminal law norm of responsibility for corruption during wartime. It is concluded that corruption in the defense sector undermines public trust and weakens democratic governance. When defense officials engage in corrupt practices, it undermines the principles of accountability, transparency, and integrity. This fosters a culture of impunity and erodes the rule of law, ultimately undermining citizens' trust in state institutions and their ability to protect national interests.
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