COMPENSATION OF DAMAGE AS A TOOL FOR APPLYING CIVIL LIABILITY FOR CORRUPTION OFFENSES IN THE SECURITY AND DEFENSE SECTOR
Author (s): Kurylina О.V., Zotova І.H., Kalitnik M.S.
Work place:
Kurylina О. V.,
Ph.D. in Economics, Associate Professor, Senior Scientific Researcher of the Scientific Department of Research and Implementation of Innovative Technologies of Scientific Center of the Problems of Integrity Upbringing and prevention of Corruption in Security and Defense Sector Preventing,
National Defense University of Ukraine
“Ivan Chernyakhovsky”, Kyiv, Ukraine;
Zotova І. H.,
Deputy Chief of Scientific Center of the Problems of Integrity Upbringing and prevention of Corruption in Security and
Defense Sector Preventing – Head of the Department of Research
and Implementation of Innovative Technologies of Scientific Center
of the Problems of Integrity Upbringing and prevention
of Corruption in Security and Defense Sector Preventing,
National Defense University of Ukraine
“Ivan Chernyakhovsky”, Kyiv, Ukraine;
Kalitnik M. S.,
Scientific Researcher of the Scientific Department of Research and Implementation of Innovative Technologies of Scientific Center
of the Problems of Integrity Upbringing and prevention
of Corruption in Security and Defense Sector Preventing,
National Defense University of Ukraine
“Ivan Chernyakhovsky”, Kyiv, Ukraine
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2020. № 1 (7): 74-82
https://doi.org/10.32755/sjcriminal.2020.01.074
The purpose of the article is to study the concept and legal nature of damages as a tool for civil liability for corruption offenses in the security and defense sector. The peculiarities of civil liability prosecution for violations of corruption in the security and defense sector are presented, the analysis is also carried out considering domestic anti-corruption legislation.
In the process of problem analysis, the methods of scientific cognition were used as philosophical (general scientific) and special scientific one. Among the most important in the general scientific methods should be called dialectical and systemic ones. The use of the structural-functional method allowed to consider the types of obligations for damage compensation, to clarify their features and functional purpose. The comparative legal method is used in the analysis of a number of aspects of the problem.
It is noted that today facing the growing threats of a military nature, acts of corruption cause significant damage, especially in the security and defense sector, and in such circumstances the state is responsible for protecting citizens who suffer property losses and need to protect their rights. Legislation on the prevention of corruption has changed significantly in recent years and there is a case law on the application of its provisions.
According to the results of the analysis of the anti-corruption legislation of Ukraine, the authors pointed out the peculiarities of a civil servant prosecution, military official, other person performing public functions to civil liability for corruption offenses, which is resolved in court, as well as the damages compensation, moral compensation and other means of civil influence, as the most effective way to overcome the effects of corruption in the security and defense sector. It was found that in the case law on corruption acts the main consideration of cases and all court decisions were based on conclusions related to administrative or criminal liability for corruption offenses, and in civil cases, the provision on damage compensation caused by corruption and corruption offenses regarding the security and defense of the state, need further reformation.
Key words: security and defense sector; civil liability; corruption offenses; offenses related to corruption in the security and defense sector; damage compensation; moral compensation.
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