LEGAL STATUS AND PROTECTION OF DISCLOSERS. FUNCTIONING OF THE INSTITUTE OF DISCLOSURES: PROBLEMS AND PERSPECTIVES
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The article is devoted to the analysis and regulation of the preventive anti-corruption mechanism of protection of the disclosure, can greatly improve the situation in the country. The purpose of this procedure is to change the attitude of people towards the perpetrators and persuade citizens to inform about corruption offenses and other criminal acts and not be afraid of the consequences for them that would endanger the lives, health, housing or property of the perpetrators and/or their relatives. It is stressed that the issue of social perception of disclosure of information is important for Ukraine, and it is necessary to carry out significant educational work aimed at increasing the potential of civil society, in particular, regarding active direct participation of citizens in the disclosure of offenses. It is noted that for the use of security measures, the accused should have appropriate reasons and grounds. Consequently, the grounds for the use of security measures against the disclosers are evidence or evidence that there is a real threat to their life, health, housing and the property of the discloser (the presence of verbal or written threats, the detection of operational intelligence measures or information on the preparation of the attack Conclusions regarding the regulation of the legal mechanism for the formation of anti-corruption legislation of Ukraine on prevention and counteraction of corruption have been made, and a number of amendments to certain normative acts have been proposed. Proposals for the development of the Institute of Disclosers, namely: Authorize the National Anti-Corruption Bureau of Ukraine for the proper acceptance and investigation of reports of corruption offenders, ensuring and controlling the protection of their anonymity and confidentiality, and to give the National Anti-Corruption Bureau of Ukraine the right to make decisions on the application of security measures to the disclosure and other persons who need protection in connection with anti-corruption investigations.
Authors and Affiliations
Ірина Володимирівна Наконечна
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