Anti-corruption expertise of regulatory legal acts: description and problems of legal regulation
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
Today the problem of corruption is a burning issue in Ukraine. It can be successfully solved only through implementation of a package of measures of anti-corruption steps which should be logically introduced in each of the social spheres. This problem gets complicated in Ukraine, due to the intensification of corrupt relations on all levels of state power and government. Practically all of the branches of state institutions, including local authorities bodies, public and communal enterprises, establishments and, organizations are involved in corrupt relations. However, European integration of Ukraine requires decisive and critical measures in terms of resolute opposition to existing corruption and its prevention. Hence, these measures will enable Ukraine to become a full-fledged member of the European Union. As a result or their research most scholars concluded that repressive measures based on implementation of severe sanctions are counterproductive and only lead to aggravation and intensification of this socially dangerous phenomenon. Apart from that they do not eradicate the preconditions of corruption. One of the crucial factors stipulating large-scale corruption in any country and any state, particularly in Ukraine, is imperfection of the country’s legislation. Flaws in legislation often allow governmental officials to misuse and abuse their power and benefit from it illegally. The anti-corruption United Nations Convention, signed by Ukraine in late 2003 and ratified on the 18th of October 2006, includes an official requirement stating that all bodies of the state power should prevent and eradicate corruption either in political or practical spheres. Thus, item 3 article 5 of the Convention says that each of the countries participating in the Convention is supposed to regularly review and assess the acting relevant legal documents and administrative measures in order to define their adequacy and correspondence in terms of prevention of corruption and anti-corruption drive. The document also focuses on the potential corruption risks of legislature (legislative bills) and the necessity of the specialized expertise.
Authors and Affiliations
Mykola Serbin, Oleksandr Yunatskyy
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