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The Experience of Countries of Eastern and Western Legal Traditions (Universal Theoretical Framework for Relevant Anti-Corruption Law of Ukraine)

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The Experience of Countries of Eastern and Western Legal Traditions (Universal Theoretical Framework for Relevant Anti-Corruption Law of Ukraine) TalTech Law School (Tallinn, Estonia) Faculty of Law Zaporizhzhia National University (Zaporizhzhia, Ukraine) Academic and Research Laboratory of Service Law of the National Academy of Legal Sciences of Ukraine (Zaporizhzhia, Ukraine) Center for Ukrainian and European Scientific Cooperation (Uzhhorod, Ukraine) THE INSTITUTIONALISATION OF PUBLIC RELATIONS IN THE FIGHT AGAINST CORRUPTION: THE EXPERIENCE OF COUNTRIES OF EASTERN AND WESTERN LEGAL TRADITIONS (UNIVERSAL THEORETICAL FRAMEWORK FOR RELEVANT ANTI-CORRUPTION LAW OF UKRAINE) Volume 2 Collective monograph PJ4\17 0117U007203 CORRUPTION PREVENTION ACT OF UKRAINE: scientific and methodological justification of ensuring the effectiveness and efficiency of provisions implementation Tallinn, Estonia 2019 EDITORIAL BOARD Vlad Vernygora – L.L.M., BA (Hons), MA, Lecturer at the Department of Law of the School of Business and Governance, TalTech. Tatiana Kolomoiets – Doctor of Law, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Honored Lawyer of Ukraine, Dean of the Law Faculty of Zaporizhzhia National University. Dmytro Luchenko – Doctor of Law, Associate Professor, Senior Lecturer at the Department of Administrative Law of Yaroslav Mudryi National Law University, Head of the European Center for Rule of Law. Mykhailo Vikhliaiev – Doctor of Law, Associate Professor, Member of the Executive Board of the Center for Ukrainian and European Scientific Cooperation. The institutionalisation of public relations in the fight against corruption: the experience of countries of Eastern and Western legal traditions (universal theoretical framework for relevant anti-corruption law of Ukraine) : Collective monograph. Volume 2. Tallinn: Izdevniecība “Baltija Publishing”, 2019. 448 p. ISBN 978-9934-588-04-4 © TalTech Law School, 2019 CONTENTS Legal interrelation of public interests satisfaction and norms of integrity for public authorities Makarenkov O. L. ...................................................................................................... 5 Legal regulation of political impartiality of the civil service in Ukraine Matyukhina N. P., Fedchyshyn S. A. ..................................................................... 25 Corruption risks in police activity and ways of their removal: requirements of national legislation and foreign practice Myroniuk R. V., Myroniuk S. A. ........................................................................... 46 Corruption prevention laws of the US government and the state of California Munisoglu Elizabeth ................................................................................................ 63 The national anti-corruption policy in the context of transformation of public administration in Ukraine Novak A. M., Bashtannyk V. V. ............................................................................. 72 Concept, types and methods of settlement of conflicts of interests in public administration activity Pastukh I. D. ............................................................................................................. 87 Social and legal aspects as a factor with regard to the reduction of corruption in the agrarian sector of Ukraine Piddubna D. S. ........................................................................................................ 116 Lustration as one of factors of the fight against corruption: national and international practice Podorozhna T. S., Barabash O. O. ....................................................................... 149 Definition of corrupt crimes and practice of application of some articles of Criminal Code of Ukraine in corruption counteraction Politova A. S., Akimov M. O. ................................................................................ 168 Peculiarities of anti-corruption policy and competence of anti-corruption authorities in Ukraine Popova L. M., Popova S. M., Kraіnуk Н. S. ....................................................... 188 Public figure as a key sector of corruption risks and risks of corruption income laundering Protsiuk T. B., Skrynkovskyy R. M. .................................................................... 210 Ideology of political parties in Ukraine: populism, corruption or “national idea”? Rogova O. H. ........................................................................................................... 233 iii Public confidence as a systemic anti-corruption element in Ukraine Rozhnova V. V., Savytskyi D. O. ......................................................................... 252 Mythical nature of illicit enrichment and its prospects in Ukraine: if it is not permitted, but there is a strong desire, then is it allowable? Rubashchenko M. A. ............................................................................................. 270 Limitation of getting gifts: problems of contents of the concept and terminological apparatus in the context of lawrealization and the role of administrative law principles for their decision Syniavska O. Yu., Ivantsov V. O. ......................................................................... 290 Corruption as a social and legal phenomena and normative notion: problems of definition Sikorskyi O. P., Sandiuk H. O. ............................................................................. 307 “Provocation of bribery” article 370 of criminal code of Ukraine: case-law analysis Stepanenko A. S., Stepanenko O. V. .................................................................... 322 The prevention of corruption as a guarantee for the ensuring of the constitutional right of human to the secret of correspondence in Ukraine Cherevko M. O., Khaliuk S. O. ............................................................................ 342 Corruption: social and legal problem of society Chyzhov D. A. ......................................................................................................... 365 International experience of counteracting corruption in the police Chumak V. V., Khan O. O. ................................................................................... 386 Conflict of interests in the public services in Ukraine: administrative and legal regulation and problems of realization Shevchuk O. M. ...................................................................................................... 405 Financial and legal aspects of counteracting corruption and money laundering in the world and Ukraine Sheremetieva O. Yu. .............................................................................................. 428 iv LEGAL INTERRELATION OF PUBLIC INTERESTS SATISFACTION AND NORMS OF INTEGRITY FOR PUBLIC AUTHORITIES Makarenkov O. L. INTRODUCTION The main goal of modern civilizational progress remains the free and effective exercise of human rights and freedoms by man1. Therefore, a positive tendency for the development of the legal system is to guarantee human rights and establish a civilized parity between the interests of the individual and the state2, minimizing opportunities for counterproductive deployment of tensions and conflicts between them when the interests of the community, the individual, and the interests of the people, and even more so of the state, do not overlap and require skill in finding acceptable points of contact for a range of issues and common options among all concerned. decisions on this basis3, aimed, as a result, at ensuring general well-being. For example, Ukraine ranks 111th out of 149 countries surveyed for the 2018 Prosperity Index. Djibouti (112th) and Malawi (110th), as well as Laos (113th) and Bangladesh (109th), ranked next to Ukraine in the consolidated ranking4. Integrity in such relationships is the basis for political, economic, legal communication at a level appropriate to the level of development of civilization where this communication takes place. Integrity in Ukraine and several other states is currently being asserted through counteraction to bribery, non-legal (not legal) enrichment and other forms of corruption. The boundary of such counteraction coincides with the boundary of high-spirited social interaction and sustainable dynamic development of society. In this regard, an important legal instrument was the institute of restriction of persons authorized to perform functions of the state and local self-government in obtaining unofficial (not legal) benefits (funds), namely: regulation of relations in the sphere of gifts to officials, concurrence / combination of work (positions ), work with close persons, restrictions upon termination of service in public authorities, etc. 1 Полешко А. Напрями реформування адміністративного права (за матеріалами Другої національної науково-теоретичної конференції). Право України. 2000. № 8. С. 35. 2 Кампо В., Нижник Н., Шльоер Б. Становлення нового адміністративного права України : науково-популярний нарис. Київ : Юридична книга, 2000. 5 с. 3 Сушинський О. Публічна влада та місцеве самоврядування: концептуальні аспекти. Матеріали Міжнародної науково-практичної конференції, Золочів – Львів, 27–28 травня 2000 р. Львів : Державність, 2000. С. 27. 4 The legatum prosperity index 2018 Key Findings: Prosperity is growing, but not equally. URL: https://www.prosperity.com/. 5 An adequately lively response to the solution of this multidimensional problem is found in legal doctrine. In particular, M. Bakay examined the implementation of the provisions of the Anti-Corruption Conventions in domestic criminal legislation (2009), K. Berdnikov – administrative responsibility
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