RESTRICTIONS FOR STATE EMPLOYEES ON THE USE OF OFFICIAL AUTHORITY OR POSITION
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 3
Abstract
The article analyzes the peculiarities and essence of the restrictions established by the legislation for civil servants regarding the use of official powers or their position. This is a limitation for civil servants regarding the use of official authority or their position is regulated; the range of people to whom it applies is provided by law. This restriction is to prohibit certain civil servants from using their official powers or their position and the related possibilities in order to obtain unlawful benefits to themselves or others, including the use of any state or communal property or funds in the private interest. It has been determined that the legislation, in fixing the restriction on the use of official authority or its position, establishes the specific purpose of such use – from the purpose of obtaining unlawful benefits for themselves or others. According to the legal definition, unlawful benefits are cash or other property, benefits, benefits, services, intangible assets, any other benefits of immaterial or non-monetary nature, which promise, offer, grant or receive without legal justification. That is, in order to determine the existence of a specific goal (obtaining an unlawful benefit), a combination of two mandatory elements is necessary: 1) a certain object (cash or other property, benefits, benefits, services, intangible assets, any other benefits of intangible or non-monetary nature), and 2) a specific act in a definite form (promise, offer, give or receive without legitimate reasons). The range of persons to whom the restriction is extended, the essence of the concepts of «official powers», «position» and «associated with these opportunities» is clarified, as well as the elements of the concept of «unlawful profit» are defined.
Authors and Affiliations
О. М. Шимон
Keywords
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