Національне агентство з питань запобігання корупції: адміністративно-правовий статус

Abstract

The Constitution of Ukraine establishes the principle of separation of powers into legislative, executive and judicial, and consolidates the respective areas of state management activity by executive authorities. One of the areas of activity of executive bodies in our country is the fight against corruption. Creation of specialized anti-corruption bodies was the key institutional elements of the comprehensive reform of the domestic corruption prevention system in accordance with international standards and the order of application of preventive anti-corruption mechanisms. They are the executive authorities. At the present stage of development of Ukraine as a democratic, law-governed state, the investigation of bodies designed to ensure the formation and implementation of state anti-corruption policy, as well as to prevent, detect, discontinue, investigate and prosecute corruption offenses, becomes of paramount importance. Unlike special and law enforcement agencies that detect and investigate corruption violations, the main function of the National Agency, as a central executive body with a special status, is to prevent their commission. The purpose of the article is to study the peculiarities and the most complete disclosure of the administrative and legal status of the National Agency for the Prevention of Corruption. Describing the administrative and legal status of the National Agency, it should be noted that the activities of this body is due to its social purpose and the special organizational and legal position in the system of executive power, whose subjective rights and duties are enshrined in the norms of administrative law. As a result of our analysis of the theoretical advances of law-legal scientists, it can be concluded that the National Agency for the Prevention of Corruption has the defining legal features that distinguish this authority from other executive bodies; has a certain competence which differs from the competence of other state bodies; special order of formation of the warehouse; limited term of occupation of a member of the National Agency; has a certain structure and hierarchical subordination; ways of making power decisions; has specific methods of work. Under the «administrative and legal status of the National Agency for the Prevention of Corruption», it should be understood as the set of powers provided for by the norms of administrative law for fulfilling the state tasks assigned to it in the field of prevention of corruption in Ukrain. Keywords: status, legal status, administrative-legal status, national agency, state, powers, activity, regulation