CORRUPTION AS ONE OF THE THREATS TO THE NATIONAL SECURITY OF UKRAINE                         

Author (s): Kolb O.Н., Duchyminska L.М.

Work place:

Kolb O. H.,

Doctor of Sciences (Law), Professor, Honored Lawyer of Ukraine,

Professor of the Department of Political Science,
Management and State Security,

Lesya Ukrainka Volyn National University, Lutsk, Ukraine

ORCID: 0000-0003-1792-4739;

Duchyminska L. M.,

Head of the Department of Control and Verification Work,

Main Department of Pension Fund
of Ukraine in Volyn region, Lutsk, Ukraine

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2020. № 1 (7): 14-22

https://doi.org/10.32755/sjcriminal.2020.01.014

Summary

The results of studying practice show that corruption is one of the most dangerous socio-legal phenomena since the independence of Ukraine (1991) till this day. It not only does not allow to create the foundations of a legal, democratic and social state in accordance with Article 1 of the Constitution of Ukraine, but also does not allow to increase the level of protection of the foundations of national security in general. In particular, there were exactly corrupt practices (political, corporate, security and other similar motives) that led to Ukraine’s loss of the Crimea and the Russian Federation’s occupation of much of our state’s territory in Donbas.

In this regard, as it is stated in Section 1 “General Provisions” of the Strategy for Reforming Judiciary, Judicature and Related Legal Institutions for 2015-2020, the judicial system of Ukraine and related legal institutions exist in order to protect the rights, freedoms and legitimate interests of legal entities, state’s interests through the timely, effective and equitable resolution of legal disputes on the basis of the rule of law. At the same time, among the main factors that negatively affect the efficiency of judicial and law enforcement activities in Ukraine, a special place and role is occupied by corrupt practices, which became consequences of underdeveloped institutions of internal and external control in the fight against corruption.

In turn, in Section 1 “General Part” of the National Strategy in the field of human rights, in this context, the provision that the approval of this Strategy is predetermined by the need to improve the state to promote and ensure human rights and freedoms, solving systemic problems in this area, especially taking into account the fact of occupation of the part of the territory of our state and military aggression in Donbass. Moreover, along with the solution of this strategic task, efforts to strengthen national security and reform the public administration, taking into account the existing corruption component, are urgent today.

Thus, it should be recognized that there is a complex applied problem that needs to be addressed immediately, including at the doctrinal level, which led to the choice of topic and object of this scientific article.

Key words: corruption; national security; prevention; offense; the subject of legislative initiative; legal gap; legal conflict; determinant.

References

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