Application of administrative liability in the quality of preventing corruption of the law enforcement bodies of Ukraine

Authors

  • Roksolana Hrechaniuk NATIONAL PROSECUTION ACADEMY OF UKRAINE

DOI:

https://doi.org/10.35774/app2019.04.066

Keywords:

legal responsibility, administrative responsibility, corruption, prevention of corruption, law enforcement, offenses, corruption offenses

Abstract

The article is devoted to the investigation of some aspects of the use of administrative responsibility as a prevention of corruption of law enforcement personnel of Ukraine. It notes that ensuring integrity as a fundamental basis for the activities of law enforcement personnel is accompanied by a group of legal and organizational elements that collectively produce a positive and negative incentive for these personnel.

The existence of legal liability instruments among these elements is explained by the fact that the law enforcement public relations are threatened by inefficient, unethical activities, unfair influences both from the middle and from the outside, and the use of classical management tools allows them to be kept in the normative field. The direct overriding of the integrity principle with respect to the prevention of corruption determines the value of the tool of administrative responsibility in comparison with other types of corruption. Because of the current concept of corruption prevention, administrative responsibility itself should act as a warning signal, which shows signs of dishonest actions of an official. Other types of liability for corruption, primarily criminal, end the service of a law enforcement officer.

We have chosen empirically to investigate the use of administrative responsibility as a reaction of the state to insignificant acts of law enforcement officials who are insignificant in the level of social harm. It is the empirical analysis of this group of articles that allows us to identify trends in Ukrainian anti-corruption practice and to propose a number of solutions to optimize the use of administrative responsibility for violating the integrity of law enforcement personnel in Ukraine to counteract such acts that are substantially similar to corruption. Law enforcement officers are a particular subject of administrative responsibility. According to Article 14 of the Code of Administrative Offenses, they are subject to administrative responsibility for administrative offenses related to non-compliance with the established rules in the field of protection of public order, state and public order, nature, public health and other rules, ensuring the fulfillment of which is included in their official duties. 

References

Yurydychna entsyklopediya [Legal Encyclopedia]: V 6 t. Redkol.: Yu.S. Shemshuchenko (holova redkol.) ta in. Kyiv: Ukr. entsykl., 1998, 1 [in Ukranian].

Zhukov, S.V. (2018). Fenomen dobrochesnosti: do pytannya metodolohii doslidzhennia [The phenomenon of virtue: the issue of research methodology] Naukovyy visnyk publichnoho ta pryvatnoho prava – Scientific Bulletin of Public and Private Law, 5 (1), 23-26 [in Ukranian].

Rybak, O.O. (2019). Perevirka na dobrochesnist yak diyevyy instrument zapobihannya koruptsiyi. Dosvid Rumuniyi ta Moldovy [Integrity check as an effective tool for preventing corruption. The experience of Romania and Moldova]. Aktualni problemy vitchyznyanoyi yurysprudentsiyi – Actual problems of domestic jurisprudence, 1, 140-145 [in Ukranian]

Bevzyuk, I.M. Psykholoho-yurydychnyy mekhanizm perevirky dobrochesnosti prokuroriv [Psychological and legal mechanism of prosecutors integrity]. URL: http://elar.naiau.kiev.ua/bitstream/123456789/11998/1/%D0%A0%D0%B5%D0%B0%D0%BB%D1%96%D0%B7.%20%D0%B4%D0%B5%D1%80%D0%B6.%20%D0%B0%D0%BD%D1%82%D0%B8%D0%BA%D0%BE%D1%80.%20%D0%BF%D0%BE%D0%BB%D1%96%D1%82.%20%D0%A72_p028-030.pdf [in Ukranian].

Pro zapobihannya koruptsiyi [On the Prevention of Corruption]: Zakon Ukrayiny vid 14 zhovtnya 2014 roku № 1700-VII. URL: https://zakon.rada.gov.ua/laws/show/1700-18/print [in Ukranian].

Published

2020-04-04

Issue

Section

CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW

How to Cite

Hrechaniuk, Roksolana. “Application of Administrative Liability in the Quality of Preventing Corruption of the Law Enforcement Bodies of Ukraine”. Actual Problems of Law, vol. 1, no. 4, Apr. 2020, pp. 66-69, https://doi.org/10.35774/app2019.04.066.