GIFT FOR A PUBLIC SERVANT: WHETHER DETAILED LEGAL REGULATION IS EXPEDIENT
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article justifies the expediency of substitution of restriction on gifts receiving by public servants for prohibition of their acceptance, on the basis of analysis of the current domestic legislation, practice of its application. Existence of the significant number of normative legal acts that determine the basis for regulation of gifts receiving relations by these persons significantly complicates law enforcement. There are gaps, collisions, generalizations, which create the prerequisites for a different kind of approach to the interpretation and application of the same provisions for different life situations. The problems, associated with identification of a gift belongings to a specific type (“prohibited”, “authorized”, “official”, “limited”, etc.), compliance with established requirements relatively compliance with“generally accepted vision of hospitality”, the cost criterion create difficulties in the application process of the relevant legislative provisions in practice, clarification of issues of regulation maintenance, violations commitment, bringing the perpetrators to responsibility. In terms of a comparative-legal analysis of foreign experience in regulation of “gift relations”, it is formed authorial approaches to the expediency of implementation of absolute ban on the gifts receiving by public servants. Exceptions from the ban are proposed to consider gifts “on the occasion of special personal events” (the list of the latter is proposed to be legislated), as well as official gifts, received by individuals as official representatives of the state, local community, during official events. Proposals are formulated to amend the Law of Ukraine “On Prevention of Corruption” regarding the substitution of a special restriction on gifts receiving for their prohibition. The ban on gifts receiving is proposed to be implemented simultaneously with the mandatory declaring of all received gifts by public servants. It is the ban that is considered as an effective means of corruption prevention in all its manifestations in the public service, incl. due to the use of the ban resource on the receiving of gifts by public servants. Proposals are formulated with an emphasis on borrowing of the positive experience of foreign countries on solution of this issue, substantiation of prerequisites elimination for detailed legal regulation of “gift” relations, minimization of the state’s expenses on the permanent solution of topical issues of law enforcement.
Authors and Affiliations
Т. О. Коломоєць, Р. О. Кукурудз
Keywords
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