“PROPORTIONALITY TEST” AS A PREREQUISITE FOR THE EFFECTIVE USE OF THE RESOURCE OF “ANTI-CORRUPTION” LIMITATIONS

Abstract

Relevance. In search of optimal ways to improve the regulatory framework and unify the practice of using the resource restrictions as a tool to prevent corruption in its various external forms of manifestation to significantly improve the efficiency, effectiveness of such use is quite possible and advisable to form a completely new, consistent with the latter achievements of legal science, doctrinal basis for thematic rulemaking and law enforcement. The updated professional doctrinal provisions on the implementation of filters of defective regulatory frameworks for the use of restrictions may serve as an element of such foundation. One of mentioned above provisions is the test. The observance of its elements can eliminate the preconditions for defect of the normative aspect of the resource restrictions and significantly increase the efficiency of their use. The subject of the study is and as a prerequisite for the effective use of the resource restrictions. The object of the study is the public relations that arise in the process of compliance with the test during the use of the resource restrictions. The methodology of research is formed by a set of general scientific and special methods of scientific knowledge. As a method - dialectical, additionally used methods of semantic analysis, logical, comparative, modeling, forecasting. Research results. Throughout the diversity of anti-corruption measures (such as corruption offenses), anti-corruption restrictions are effective, aimed directly at eliminating any prerequisites for use by persons authorized to perform the tasks and functions of the state or local government, for the realization and protection of their augmented interests or the interests of loved ones. However, the defect of the legal framework for the use of their resource (selectivity of fixing the basic terminological apparatus, oversaturation of evaluation provisions, open lists, the presence of banquet, withdrawal standards, the absence of clearly defined limits, erroneous identification of prohibitions and (prohibition), etc.) significantly complicates enforcement, and therefore reduces the efficiency of their resource use. It is quite possible to eliminate the corresponding problem by adhering to the test in its broad sense (elements of which are: relevance (legality, legal certainty, adherence to a legitimate aim), necessity (minimizing interference with a person's private autonomy, use of less intrusive means of interference), proportionality (the fair balance of public and interests, the appeal of excessive interference, compensation for harm) while improving the regulatory framework and unifying the practice effect and the proper use of appropriate tools to prevent corruption.