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Preliminary communication

https://doi.org/10.32914/i.55.1-2.9

CURRENT STATE AND TRENDS IN THE DEVELOPMENT OF LEGISLATION TO PREVENT CORRUPTION

Bohdan M. Holovkin ; Department of Criminalistics, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
Mykola I. Melnyk ; The Constitutional Court of Ukraine, Kyiv, Ukraine
Viktor M. Trepak ; Department of Criminal Law and Criminology, Faculty of Law, Ivan Franko National University of Lviv, Lviv, Ukraine


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Abstract

The purpose of the study is to provide theoretical and legal and comparative legal analysis of the es-sence, content, modern trends and features of anti-corruption legislation, develop proposals for improving Ukrainian anti-corruption legislation. In the process of solving research problems, general scientific methods of cognition were used, in particular: analysis, synthesis, comparison, analogy, deduction, induction, abstraction; as well as special methods: comparative legal, legal-sociological, formal-legal, systematic method and the method of structural-functional analysis etc. The analysis of criminal law norms shows that the main trends in the modernization of the criminal legislation of Ukraine on re-sponsibility for crimes of corruption in general have a positive trend. At the same time, the criminal-legal impact on public relations associated with the commission of socially dangerous acts of a corrupt nature needs further improvement in order to prevent and timely suppress corruption crimes. In Ukraine, there are parallel systems of administrative and criminal liability for corruption-related offenses, which often leads to duplication and generally weakens the effectiveness of anti-corruption measures. In addition, the general anti-corruption laws adopted in Ukraine give the impression of a solid legal basis, but they are often inactive, since their provisions are not supported by sound law enforcement practice. Also, the anti-corruption experience of the proposed countries, such as Sweden, Finland, Germany and France really looks like a certain benchmark to which every country, including Ukraine, should strive and take example from them.

Keywords

corruption; anti-corruption legislation; anti-corruption policy; international anti-corruption treaties; EU integration

Hrčak ID:

269966

URI

https://hrcak.srce.hr/269966

Publication date:

1.1.2022.

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