Anticorruption policy of the state: realities and prospects

In the article the questions of realization of anticorruption policy of the state are exposed on the modern stage and basic changes which were brought in in the anticorruption legislation of Ukraine are analysed. An author are examined innovations in the system of declaration the persons, authorized on implementation of functions of the state or local self-government, property state profits, charges and obligations of financial character; improvement of procedure of settlement of conflict ofinterests; expansion of guarantees is in relation to defence of persons that reported about violation of requirements of anticorruption legislation other person and input of the single departmental of civil servants and public servants of local self-government teaching on questions an anticorruption legislation. Among the last updates in ananticorruption legislative package key is a norm about publicity of the Only state register of persons that accomplished corruption offences; input of institute of the special confiscation to the post corruption crimes and criminal responsibility of legal entities for corruption offences, complicity of terrorism and dirty money laundering.

As it stated in the National Anti-Corruption Strategy for 2011 – 2015, corruption in Ukraine has been demonstrating signs of systemic phenomenon, which extends its negative impact on all spheres of public life, deeper rooted in daily life as the main, fastest and most effective means of managing illegal problems, achievement of definite purposes.

In 2011 adopted a package of anti-corruption documents in particular laws «About the principles of preventing and combating corruption in Ukraine», «About Amendments to Certain Legislative Acts of Ukraine concerning liability for corruption offenses». New legislation significantly expanded the range of potential subjects of corrupt activities and the list of corrupt actions, for which is provided criminal and administrative responsibility. Also significantly limited opportunities of the officers to use their position and holding the other dangerous corrupt activity.

September 1, 2011 by decree of the President of Ukraine was created National Anti-Corruption Committee as an consultative and advisory body to the President. The next step was the adoption of the National Anti-Corruption Strategy for 2011-2015.

Verkhovna Rada of Ukraine 14 May 2013 adopted the Law of Ukraine «About Amendments to Certain Legislative Acts of Ukraine on implementation of state anti-corruption policy», which came into force on June 9, 2013

Since the adoption of the Law of Ukraine «About Principles of Prevention and Combating Corruption» large-scale and systematic changes made to it for the first time, which necessitates a detailed analysis of them to form a common understanding and enforcement.

Determine the range of the most important, in our view, change:

– Improvement of the conceptual apparatus (Article 1);

– Changing of range of subjects responsibility for corruption (Article 4);

– Shorten the list of specially authorized subjects in the sphere of combating with corruption (Article 5);

– Concretization of anticorruption limitations (Articles 6-10);

– Improving the mechanism of conduction of special check (Article 11);

– Improvement of financial control (Article 12, Annex to the Act);

– Improvement of prevention and settlement of conflicts of interest (section 14);

– Introduction of anti-corruption expertise of normative and legal acts, separation of powers of anti-corruption expertise of draft legal acts (Article 15);

– Expansion of safeguards of individuals who provide assistance in preventing and combating corruption (Article 20);

– Unification of provisions for release of persons who were prosecuted for corruption offenses (Article 22).

Recent changes were made to the anti-corruption legislation in May 2013 by the Law of Ukraine «About Amendments to Certain Legislative Acts of Ukraine on implementation of the state anti-corruption policy» of 05.14.2013 № 224 – VII are those that solved a number of controversial issues concerning application of norms of anti-corruption legislation of Ukraine in conjunction with other regulatory acts».

It should be noted that at the national anti-corruption strategy for 2011-2015 among the main reasons for emergence and spread of corruption in Ukraine first reason is insufficient level of integrity of individuals authorized to perform the functions of state or local government. In connection with this, National State Service of Ukraine as the only state customer for training of civil servants and local government officials on issues of preventing and combating corruption in the public service and service in local government, has set itself the following objectives:

– Introduction of common standards for advanced training for these areas;

– The creation of a national network of trainers for advanced training in the field of anti-corruption legislation;

– Initiating of system of cascade trainings in this area;

– State control over the quality of education considering the needs of government and local authorities.

In order to implement of the system work with a broad explanation of the main provisions of the new anti-corruption legislation among the civil service and local government officials at the central level and in the regions National State Service of Ukraine initiated the adoption of the order by the Cabinet of Ministers of 06.07.2011 № 642-r «About the training of civil servants and local government officials on issues of prevention of corruption in public service and service in local government».