SOCIO-LEGAL PREREQUISITES FOR THE CREATION OF A SPECIAL LAW ENFORCEMENT BODY TO COMBAT CORRUPTION AND THE POLITICAL LEGAL CONDITIONS FOR ITS INDEPENDENT FUNCTIONING
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2017, Vol 43, Issue 3
Abstract
The article reveals the content of the spiritual and cultural, socio-economic and political prerequisites for the legal mechanisms for creating a special law enforcement body for fighting corruption and the political legal conditions for its independent functioning. It is established that each people in the process of its historical existence has developed its own mentality, which is a kind of way of awareness and attitude to the world, conditioned by traditions, education, religious ideas, language, etc. It becomes a particular manifestation of behavioral code, determines a stable social-psychological state of the subject of law and its specific reaction to changes in surrounding conditions, in particular concerning the phenomenon of corruption in the sphere of public authority. It was revealed that, in addition to these prerequisites, it is necessary to take into account the socio-economic factors in which the development of economic relations and the growth of the apparatus of public authority lead to the concentration and centralization of corruption. These prerequisites are reinforced by the destructive policy of counteracting corruption, when the government despises law and legality, destroys the credibility of it and its bodies. It is emphasized that, as in the case of the transitive economy, political corruption is a consequence of transitional democracy, when citizens do not yet know how to choose the best officials, monitor them and replace them with more progressive managers in a timely manner. This is facilitated by the lack of transparency in the pub- lic administration system. Ukraine has chosen the option of forming this law enforcement body, since there are the above prerequisites. It is summed up that the effectiveness of a special law enforcement agency for fighting corruption is raised only in the conditions of an integrated system of anti-corruption justice, namely, the pre-trial investigation institute and the institution of judicial investigation. The normative beacons of the independence of the National Anti-Corruption Bureau of Ukraine, formally written in the law, although important, are far from sufficient mechanisms to ensure its independence in an open society, especially in times of struggle with politically and economically powerful corrupt officials. It is proposed to strengthen these legal mechanisms by the rules on additional financing of this law-enforcement agency from the fund of capital that have become the subject of corruption, as well as take into account the conclusions and follow recommenda- tions of authoritative international experts with recognized competence. The importance of attracting the resources of an open civil society to overcome obstacles and resistance of corrupt officials was emphasized.
Authors and Affiliations
О. Л. Макаренков
Keywords
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