ENTITIES THAT ARE SUBJECT TO THE LAW OF UKRAINE «ON PREVENTION OF CORRUPTION»
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. The article is devoted to analysis of the scope of entities covered by the law of Ukraine «On prevention of corruption». The author draws attention to certain problems concerning the definition of the list of entities under «officials and officers of other state authorities, authorities of the Autonomous Republic of Crimea» and «officials of legal entities of public law». In addition, the author focuses on the question of the expediency of referring to «persons authorized to perform state functions or local self-government bodies, entities providing public services. Analysis of resent researches and publications. Corruption is the subject of numerous scientific papers, including among recent works it is worth noting the work of such scholars as V. D. Gvozdetskiy, S. M. Klimov, T. V. Kovalev, K. О. Kuzmina, M. О. Tucek, О. M. Yaroshenko. Along with this, the question of the subject composition that is subject to the Law of Ukraine «On prevention of corruption» still remains unresolved, and therefore concerned both practitioners and theorists. Target of research is analys of the subject composition, which is governed by the law of Ukraine «On prevention of corruption» and development of proposals for its improvement. Article’s main body. Determining to have a range of functions (duties) of the employee concerned. For example, employees of foster care services and the employees of state bodies performing service functions, may belong to officials and officers subject to compliance with the above characteristics. So, the counselors or assistants of heads of state bodies can carry out Advisory and consultative functions (preparation of materials and documents, analysis, correspondence, preparation of draft orders or decisions, providing professional consultation and clarification and the like); the head, Deputy head of the patronage service, the head of the structural unit of patronage office may carry out administrative functions (implementation guidance services or units, distribution of responsibilities between employees, monitoring their work, etc.). Conclusions and prospects for the development. The deficiencies associated with the subject structure of persons subject to anticorruption restrictions and which are responsible for corruption offenses, will prevent unnecessary and unjust restrictions on the rights of citizens. In understanding of clause 1 part 1 article 3 of the Law of Ukraine «On prevention of corruption» under the «officials» should be understood as government officials, other legal entities of public law endowed with official powers to carry out administrative and/or Advisory functions. Under the «public officials» should be understood as government officials who carry out the functions of the authority or in positions connected with performance organizationally-administrative or administrative-economic functions.
Authors and Affiliations
O. Ye. Lutsenko
Keywords
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