Історико-правовий аналіз адміністративно-правової природи координаційної функції держави щодо протидії корупції

Abstract

The research paper examines and carries out atheoretical generalization of the scientific importance of various historical and legal views on the concepts and features of the administrative-legal and coordination function of the state based on the analysis of achievements in the legal doctrine of administrative law. The problematic aspects of historical-legal and administrative-legal provisions of the coordination between the entities of the corruptioncounteraction are analyzed in the article. It is noted that the history of the corruption emergence and attempts to combat this phenomenon is inextricably linked with the history of civilizations and the emergence of the state, thus, the history of attempts to counteract corruption at the state level is at least four and a half thousand years old. It is worth emphasizing that even before the beginning of our era, in the most developed states attempts were made to form, if not a full-fledged anti-corruption mechanism, then at least a system of punishments for corruption offenses. Over the past millennia, dozens of approaches to solving the problem of corruption have changed. However, corruption is a widespread notion in every country of the world nowadays, and the issue of effective countermeasures remains relevant. It becomes obvious that the coordination role of the state in corruption counteraction is not an exclusively theoretical category that is implemented in specific administrative and legal forms under which subjects exercise their state-authority powers. In addition, coordination should replace state influence in the areas whichpreviously were characterized by direct management relations between subordinate entities - state administration authorities and all other managed subjects, in particular economic entities. At the same time, taking into account historical analysis of the research, the importance of state interests occurs both in the case of fully legally equal subjects, and in relationships where such equality is conditional and exists in individual specific relationships. The coordination role of the state is a special function of the state, which is manifested, firstly, in the activity of the state apparatus, and secondly, in the regulation of social relations using the appropriate management method.