Міжнародний досвід боротьби з корупцією шляхом створення спеціалізованих антикорупційних судів / International Experience of Fight against Corruption through Establishment of Specialized Anti-Corruption Courts
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 47, Issue
Abstract
The article is devoted to the consideration of the issue of the creation and functioning of anti-corruption courts as a specialized institution with its own jurisdiction, a special mechanism for appointing judges, and a special legal status in the context of the implementation of judicial reforms in Ukraine through European values. The Concept of Judicial Reform, implemented by the Law "On the Judiciary and Status of Judges" of 02.06.2016, provided for the creation of the Supreme Anticorruption Court of Ukraine, however, disputes regarding the feasibility of its creation, its optimal form, the peculiarities of the mechanism of appointment of judges, the scope of specific jurisdiction, procedure of its functioning has not been resolved until now, and therefore it is advisable to turn to the experience of foreign countries that have introduced such institutions, and by analyzing the activities of foreign anti-corruption courts to find out the expediency of creating anticorruption courts and the optimal form of their activities. In order to achieve this goal, a model of judicial institutions was adopted that corresponded to the concept of judicial reform - a separate body with exclusive competence for the investigation of corruption offenses, a court whose authority corresponds to the court of 1 instance, and analyzed available information about their activities. To this end, anti-corruption judicial institutions of Uganda, Indonesia, Tanzania, Thailand, Philippines, Slovakia, and Bulgaria were analyzed. The analysis included the consideration of the procedure for appointing judges, the criteria for assigning cases to the jurisdiction of this court, the procedure for appointing judges for the consideration and direct consideration of the case, the average time for consideration of the case, the burden on the court, the average amount of damages and the ranking of individuals, the criticism of experts about the activities of this or another the court As a result, the author concludes that the creation of an anti-corruption court is not a "panacea" of corruption, since it is the prerogative of highly corrupt countries, and in a number of circumstances (low legal culture of the population, high level of corrupt anti-corruption courts, imperfect legislation, lack of effective control mechanisms and attraction to responsibility, including senior officials) do not significantly affect the level of corruption in the country, that is, they are not effective. As a result, the feasibility of establishing such a body in Ukraine is questionable. Countries with a low level of corruption approached the issue of combating it in a comprehensive manner, and improving legislation, raising the legal culture of the population, and introducing effective control mechanisms demonstrated a high level of efficiency, which made it inappropriate to create specialized anti-corruption courts.
Authors and Affiliations
Oleksandr Mieniailov
Keywords
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