GAPS IN ANTI-CORRUPTION LEGISLATION UKRAINE AND THEIR IMPACT ON FIGHTING CORRUPTION IN MEDICAL FIELD SPHERE

Abstract

The article explores the peculiarities of administrative liability for corruption offenses established by the Code of Administrative Offenses. Taking into account the material examined, it is concluded that there are some clear shortcomings in the legal regulation of these issues, which is unacceptable in the context of increasing attention to the fight against corruption. Attention is drawn to the offense of breaking restrictions on compatibility and reconciliation with other activities. The composition of this offense is disclosed, particular issues of its elements, such as the objective and subjective side, are emphasized. Case law on this category of administrative offenses, including in the medical field, is being investigated. Such qualifying feature as the repeated commission of the analyzed offense is subjected to detailed analysis, and arguments are given about particular problems of its application. So, it is argued and confirmed by the case-law that a mandatory element of the subjective party, in addition to blame, should be present and the purpose – to obtain benefits. In analyzing such an element of the objective side of Article 172-4 of the Code of Administrative Offenses as engaging in business activities, the approximate concepts, in particular the presence of registration as an individual entrepreneur, are considered. Such qualifying feature as the repeated commission of the analyzed offense is subjected to detailed analysis, and arguments are given about particular problems of its application. Since the grounds for termination of the civil service are, in particular, the entry into force of a court decision to hold a civil servant liable to administrative liability for corruption-related offenses, we can say that it is preferable to involve a person in such a position for re-committing the analyzed violation, whose stay does not contain any administrative restriction on corruption-related offenses. It is the author’s opinion that the assignment of activity to medical practice should be carried out on the basis of clearly established its features, fixed at the level of regulatory legal acts. Specific proposals were made to improve the legislation on the issues analyzed.