Anti-Corruption Court Research Articles

Concise summaries of ten years of application of the criminal procedural law (stage of pre-trial investigation)

The work is devoted to the passage of ten years since the entry into force of the Criminal Procedure Code of Ukraine in November 2012. The purpose of the work is to determine those changes in the legislative regulation of the current institutions of the criminal process, which can be considered as global; a brief study of new institutes. Methods - comparative, statistical. Subjected to the study of the purpose of the implementation of the Criminal Procedure Code of 2012, the main principles of the reform of the procedural law as a component of the judicial reform and the reform of the law enforcement system, the measures that were proposed to be taken to achieve the specified goal. The number of laws amending procedural codes was analyzed. Attention was paid to the implementation of new institutions - in particular, the Unified Register of Pre-Trial Investigations, secret investigative (detective) actions, opening of pre-trial investigation materials, indictments, bringing to criminal liability on the basis of agreements; identified shortcomings of their normative regulation and practical application are given. The indictment is compared with the indictment; the register of pre-trial investigation materials and a certificate on the progress of a criminal case. The institutes of private prosecution during the operation of various procedural laws are compared. Attention was paid to the liquidation of the formal act - the resolution on the initiation of a criminal case; instead, the emergence of a new formal act - an extract from the unified register of pre-trial investigations - was assessed. The liquidation of the institution of additional investigation was noted, but on the contrary, attention was drawn to the court's right to return the indictment to the prosecutor as one that does not meet the requirements of the law. The appearance of new subjects of the process is emphasized - for example, the applicant, the whistleblower, etc.; about the emergence of new mechanisms of procedural coercion - in the form of monetary penalties; on the emergence of new bodies of pre-trial investigation - SBI, NABU; on the emergence of a new judicial institution - the High Anti-Corruption Court. Attention was drawn to the imperfection of changes in the legal regulation of recording the actions and decisions of officials of the prosecution, changes in the regulation of specific investigative actions. Attention was also paid to changes in the law, which were subsequently canceled due to their ineffectiveness. As a conclusion, doubts were expressed about the need to adopt the Criminal Procedure Code in its current version.

SPECIALISED ANTI-CORRUPTION COURTS: A MEANS OF PROMOTING SUSTAINABLE TRANSFORMATION IN AFRICA?

Corruption is inimical to Africa’s quest for socio-economic transformation. Available empirical evidence highlights a sustained increase of corruption globally, with an equal emphasis on interdisciplinary interventions. There are also strong arguments for institutional specialisation in the judicature to buttress anti-corruption initiatives. As a result, specialised anti-corruption courts (SACCs) quickly are gaining traction in Africa, at the expense of conventional courts. This paper examines the rationale for SACCs and the variegated institutional SACC design choices by providing an overview of selected African countries. It highlights the position of these courts within the criminal justice system, their size and composition, their jurisdiction and, where relevant, synergies with other complementary institutions. In the main, SACCs provide much needed efficiency, integrity and expertise in the criminal justice system. The paper also examines challenges which SACCs encounter in Africa. Lastly, it provides a brief discussion of calls for an International Anti-Corruption Court.

Tasks of staffing the activities of the higher anti-corruption court

Tasks of staffing the activities of the higher anti-corruption court

ЕКОНОМЕТРИЧНА ОЦІНКА ПРОДУКТИВНОСТІ СУДУ В ПРОЦЕСІ РОЗГЛЯДУ КРИМІНАЛЬНИХ ПРОВАДЖЕНЬ НА ПРИКЛАДІ РОБОТИ ВИЩОГО АНТИКОРУПЦІЙНОГО СУДУ

The article presents the results of an econometric assessment of the weighted average time of consideration of criminal proceedings by the High Anti-Corruption Court, which was carried out according to an alternative approach to the methodology of the State Judicial Administration of Ukraine. As a result of the research, it was established that the actual weighted average time of consideration of criminal proceedings may be more than 84 hours of net procedural time or more than 3 calendar years, contrary to the normative assessment of the State Judicial Administration, according to which the weighted average time of consideration of criminal proceedings is 9 hours and 11 minutes.
 The basis of the current assessment is the data of the 3-year monitoring of proceedings by the High Anti-Corruption Court of a sample of criminal proceedings that were studied.
 Taking into account that the limited number of investigated data does not reflect the total number of criminal proceedings pending before the High Anti-Corruption Court, as well as the fact that at the time of evaluation only 19 out of 53 criminal proceedings under investigation were completed, the obtained results should be considered preliminary and that need to be reassessed in the future. However, the trend of the research data indicates that the revaluation, most likely, will correct the estimated weighted average time of consideration of criminal proceedings in the direction of increase, i.e. the difference with the normative and calculation data of the State Judicial Administration will grow.
 The results of this study can become an impetus or a basis for further research on the productivity of the judicial system in the consideration of criminal cases.

Exemption from serving a sentence with probation of a person who committed bribery, in case of concluding agreements in criminal proceedings

The article is devoted to the study of the problem of release from probation of a person who has committed a corruption criminal offense, including bribery, in the case of entering into agreements in criminal proceedings (reconciliation agreements and plea agreements). Analyzed. two different approaches that exist today in the theory of criminal law and in law enforcement practice regarding the possibility / impossibility of release from serving a sentence with probation of a person who committed a corruption criminal offense, based on part 2 of Article 75 of the Criminal Code of Ukraine. The first approach is that determining the content of Part 2 of Article 75 of the Criminal Code of Ukraine should be done, first, by establishing its systemic connections with the provisions of Part 1 of this article. In addition, scientists suggest that the provisions of Part 2 of Article 75 of the Criminal Code of Ukraine should be systematically interpreted also with other provisions of this Code, in particular with the provisions of Art. 69 of the Criminal Code of Ukraine, part 1 of which contains a prohibition on the imposition of a lighter punishment than that prescribed by law for committing corruption offenses without any restrictions, that is, even in the case of concluding a corresponding agreement. The opposite interpretation, according to supporters of the first approach, indicates a violation of the systematic way of interpreting legal norms. Scientists who adhere to a different approach note that parts 1 and 2 of Article 75 of the Criminal Code of Ukraine should be interpreted separately. At the same time, they note that part 2 of Article 75 of the Criminal Code of Ukraine does not directly prohibit exemption from serving a sentence with probation for committing corruption crimes based on plea agreements for corruption crimes. In the opinion of these scientists, the refusal of a person convicted of a crime provided for in the footnote of Article 45 of the Criminal Code of Ukraine to be released from serving a sentence based on part 2 of Article 75 of the Criminal Code of Ukraine can be legal only if appropriate changes are made to the legislation. This approach is also followed in the judicial practice of the High Anti-Corruption Court. The article actually supports the second of the above approaches and substantiates it, in particular, by different adjustments to parts 1 and 2 of Article 75 of the Criminal Code of Ukraine, the legal nature of the criminal procedural compromise. Arguments are given in favor of distinguishing a new type of agreement in criminal proceedings in the Criminal Procedure Code of Ukraine - an agreement on cooperation. In order to avoid different approaches, it is proposed to amend Part 2 of Article 75 of the Criminal Code of Ukraine. Key words: bribery, corruption criminal offense, release from sentence with probation, plea agreement, settlement agreement.

Supreme anti-corruption court in the system of anti-corruption bodies of Ukraine

Supreme anti-corruption court in the system of anti-corruption bodies of Ukraine

Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments

Due to existing shortcomings in the system, the suitability and effectiveness of the international investment arbitration regime in addressing corrupt practices in international transactions and investment projects has been frequently questioned. The current legal and regulatory regime presumes that there is a level playing field, i.e., that the parties to an arbitration have equal access to information regarding corrupt actions. However, in practice, bringing claims of corruption in international investment fora meets various obstacles such as evidentiary hurdles and the lack of a specific arbitrators’ mandate. Hence, the focus of this article is on addressing gaps in the international investment arbitration regime dealing with corruption cases. There is increasing concern that the international legal and regulatory regime is inadequate and contains gaps that permit multinational firms to engage in illegal acts involving corruption. Against this backdrop, the main issue that arises is how the international community should respond. This article reviews the gaps in the international investment arbitration regime and then identifies two broad strategies to address the issue of accountability. The first strategy would be to build on and strengthen the existing international investment arbitration regime, which would imply its re-engineering. A second strategy would be to establish a regime providing a new forum and an avenue for dedicated international criminal investigators to be paired with dedicated anticorruption courts that would handle criminal complaints. The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) represents an example of the second strategy. The APUNCAC is a model convention that calls for the implementation of a system comprising dedicated international criminal investigators and dedicated anticorruption courts, in addition to a system where plaintiffs could pursue civil class actions and seek treble damages. The APUNCAC represents a more radical strategy for addressing corruption on the international level. In addition, the APUNCAC would also permit civil class actions seeking treble damages. Overall, the APUNCAC would offer claimants an opportunity to pursue their claims in a neutral forum.

Improving the administrative and legal status of the high anti-corruption court

The High Anti-Corruption Court is a relatively recently established anti-corruption body in Ukraine. We would like to note that the study of the legal and organizational principles of its activities has allowed us to identify some controversial or imperfect issues that, in our opinion, need to be eliminated and revised. The purpose of the article is to define and characterize the areas of improving the administrative and legal status of the High Anti-Corruption Court in Ukraine. The object of this research is the range of public relations connected to the activities of this court as a whole. And the subject of the study is to improve its administrative and legal status. Achieving this goal in the study became possible through the use of a set of research methods: logical semantic method, documentary analysis method, system-structural method, formal legal method, forecasting method, and more. It was emphasized that the efficacy of the High Anti-Corruption Court, as an essential component of the institutional structure of anti-corruption institutions, determines the effectiveness of anti-corruption reform in general. The key areas for improving the administrative and legal status of the High Anti-Corruption Court have been analyzed.

The Competence of Anti-Corruption Subjects in The National Anti-Corruption Bureau of Ukraine: Functional Content and Outlook for Solutions to Problems of Legal Regulation

It is noted that the study of administrative and legal principles of preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine, as a holistic mechanism, can not take place without determining the competence of the subjects of such activities. As a result, the article is devoted to the disclosure of the content of the competence of the subjects of preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine. The position on the need to separate competencies in the structure, namely: powers and functions, was supported. They also determine the subject matter of the competent entity. As a result, the powers of such entities to prevent and combat corruption in the National Anti-Corruption Bureau of Ukraine, namely: the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, prosecutors, the Specialized Anti-Corruption Prosecutor's Office, the State Bureau of Investigation, courts, the Supreme Anti-Corruption Court, international private and public organizations.
 It is stated that the content of the competence of the subjects of prevention and counteraction of corruption in the National Anti-Corruption Bureau of Ukraine can be summarized through the following groups of powers: anti-corruption control; personnel; advisory, supervisory, rule-making, organizational, security, law enforcement and representative. In turn, the above powers to prevent and combat corruption in NABU determine the implementation of the relevant subjects of personnel, advisory, control, regulatory, organizational, security, regenerative, law enforcement, representative and preventive functions. Disclosure of the content of the competence of the subjects of prevention and counteraction of corruption in the activities of the National Anti-Corruption Bureau of Ukraine made it possible to identify some problems of its legal regulation. In particular, in order to eliminate terminological conflicts of legal regulation, the establishment of the Verkhovna Rada of Ukraine Committee, which is responsible for overseeing the activities of NABU, part 1 of Article 26 of the Law of Ukraine "On National Anti-Corruption Bureau of Ukraine".

Problems of formation and development of the supreme anti-corruption court of Ukraine

The article analyzes the legal framework for the development and functioning of the Supreme Anti-Corruption Court. The article substantiates the expediency of the High Qualification Commission of Judges of Ukraine to conduct only interviews, testing of professional knowledge and skills, to consider issues of integrity, morality of candidates. Then form lists of those candidates who meet the requirements of current legislation on professionalism, morality, integrity, experience and qualifications. Then propose to hold elections of judges to the Supreme Anti-Corruption Court by the population of the country through electronic voting. An electronic identification of a person can be an electronic signature (for example, an electronic signature used to submit an electronic declaration of a person authorized to perform the functions of the state or local government). This will enable people to elect those judges whom they consider honest, impartial and professional. In addition, it would be appropriate to prescribe the procedure for recalling judges of the Anti-Corruption Court, if such a person has committed an offense. Normalization of such procedures requires amendments to the current legal documents of Ukraine. The study notes that for the effectiveness of the Supreme Anti-Corruption Court of Ukraine, the following steps should be taken: first, a transparent system for appointing judges of the Supreme Anti-Corruption Court of Ukraine and their responsibility for unreasonable decisions should be introduced; secondly, the introduction of transparency in the activities of the Supreme Anti-Corruption Court of Ukraine; thirdly, determining the procedure for recalling judges by citizens of Ukraine; fourth, to provide a procedure for reporting judges to citizens of Ukraine.

Judicial Specialisation Through the Prism of the Principle of a “Natural Court”: A Comparative Analysis

Background: In the current conditions of the intensive development of public relations and the complication of their legal regulation, more and more states are turning to the specialisation of the judiciary and judicial exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system in Ukraine is built on the principles of territoriality and specialisation, and higher specialised courts may operate in accordance with the law. In addition, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. Art. 31 of the Law of Ukraine ‘On the Judiciary and the Status of Judges’ (2016) states that in the judicial system, there are higher specialised courts, such as courts of first instance for certain categories of cases. This category of court now includes the High Court of Intellectual Property and the High Anti-Corruption Court. However, there has been a heated debate in Ukrainian political circles about the constitutionality of the anti-corruption court, and accordingly, the subject of the constitutional petition questioned the number of provisions of the Law on the High Anti-Corruption Court and appealed to the Constitutional Court to declare the law unconstitutional. The Constitutional Court of Ukraine has initiated constitutional proceedings on this issue. Acquaintance with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a ‘special court’ (within the meaning of Part 6 of Art. 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the High Anti- Corruption Court. Methods: To find an objective answer to the existing conflict, it was necessary to clarify the legal nature of judicial specialisation and identify key features of the ‘special court’. To solve this problem, the authors turned to the theoretical and applied provisions of the principle of a natural court, which became the basis of the subject of this work. Results and Conclusions: In conclusion, this article argues for the idea of the unity and integrity of the judiciary. Common goals and tasks are assigned to the courts, regardless of their place in the judiciary and jurisdictional specialisation. Therefore, courts that are endowed with special goals and objectives, different from those of general courts, were assessed as special courts.

The Challenges of Political Corruption in Australia, the Proposed Commonwealth Integrity Commission Bill (2020) and the Application of the APUNCAC

Political corruption affects each nation-state differently, but the outcomes are nominally the same: a deficit of public trust, weakened government institutions and undermined political systems. This article analyzes issues of political corruption in Australia by framing them within a national integrity ecosystem (NIE) and addressing them against the proposed Commonwealth Integrity Commission (CIC) 2020 bill. It also discusses prevalent ‘grey’ areas of Australian politically-corrupt behavior where they interact with the private sector: the revolving door, political donations, and lobbying; and the state of Australia’s implementation of the OECD Anti-Bribery Convention. This article argues for their inclusion within the mandated scope of the proposed CIC. There is a need for strong legislation, both domestic and international, to fight corruption. This article then discusses the application of the provisions of the draft Anticorruption Protocol to the UN Convention Against Corruption (APUNCAC) that may apply with respect to these ‘grey’ issues, and how an International Anti-Corruption Court may provide another institutional model for Australia to follow. Finally, this article links these proposals to the 2021 UN General Assembly Special Session (UNGASS) on Corruption and the 9th Conference of States Parties on the UNCAC (COSP9). These events illustrate multilateral momentum and progress on anti-corruption. As a country that has historically supported the UN multilateral framework and its institutions, this article recommends a proactive approach for Australia so that the passing of a strong domestic anticorruption initiative will contribute to the adoption, and eventual ratification, of the APUNCAC.

ПРИНЦИП СУДОВОЇ СПЕЦІАЛІЗАЦІЇ ЧЕРЕЗ ПРИЗМУ КОНЦЕПТУ ПРИРОДНОГО СУДУ

In the current conditions of intensive development of public relations and the complication of their legal regulation more and more states are turning to the institute of specialization of the judiciary organization and judiciary exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system of Ukraine is built on the principles of territoriality and specialization, additionally, higher specialized courts may operate in accordance with the law. Moreover, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. In Art. 31 of the Law of Ukraine "On the Judiciary and the Status of Judges" (2016) it is stated that in the judicial system the higher specialized courts function as first instance courts for certain categories of cases. This category of courts currently includes the High Court of Intellectual Property and the High Anti-Corruption Court. However, a fierce debate evolved in Ukrainian political circles concerning the constitutionality of the anti-corruption court, and, accordingly, the subject of the constitutional petition questioned the number of provisions of the Law on the High Anti-Corruption Court and referred to the Constitutional Court to declare the law unconstitutional. The Constitutional Court of Ukraine has initiated the constitutional proceedings on this issue. The familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the High Anti-Corruption Court. In order to find an objective answer to the existing conflict, there appeared a necessity to clarify the legal nature of judicial specialization and to identify key features of the "special court". To solve such an applied issue, the author turned to the theoretical and applied provisions of the principle of natural court, that provided the grounds for the subject of this work.

ЗДІЙСНЕННЯ ПРАВОСУДДЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ ВИКЛЮЧНО СУДАМИ

The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.

НАПРЯМИ ПРОТИДІЇ КОРУПЦІЇ В ДЕРЖАВНИХ ОРГАНАХ

Nowadays situation in the global economic world shows that countries all over the world haven’t immune from corruption. There are a significant number of internal and external factors that affect the activities of the government and its institutions. The activities of government and its institutions affect the existence and the spread of corruption in the public sector in the turn. The article explores the concepts and definitions of corruption, the main motives for its occurrence, types and consequences for the economy of Ukraine. The legislative framework and institutions to combat corruption were studied. The anti-corruption infrastructure is represented in Ukraine by the National Anti-Corruption Bureau of Ukraine, the National Agency for the Prevention of Corruption, the High Anti-Corruption Court, the Specialized Anti-Corruption Prosecutor's Office, etc. All these institutions were founded few years ago. The dynamic and changes in the Global Corruption Perceptions Index for Ukraine and the factors that influenced it were study. The investigation based on the results of the annual reports of Transparency International. Moreover, the violations of separate co-indexes, their direction and reasons were identified. The analytical report for the state budget formed for the number of penalties (as a result of anti-corruption measures), as well as losses (as a result of corruption). The study found that corruption takes various forms, such as bribery, an abuse of the influence for a personal gain, the abuse of the office, etc. The paper identifies the main areas of the anti-corruption and implementation of anti-corruption policy of the government. The paper grounded that anti-corruption measures should be being on a specific understanding of the factors that exacerbate corruption. The potential success factors in the fight against corruption include: the cooperation and coordination, the confidence building, using of modern opportunities, formation and using the political will and the support of citizens. It is determined that anti-corruption measures should be flexible, politically sensitive and designed to take into account potential negative reactions.

IMPLEMENTATION OF INTERNATIONAL ANTI-CORRUPTION STANDARDS IN THE ECONOMIC SPACE

Corruption as an anti-social phenomenon was initially considered in the moral, social and legal dimension. It was not until the 1970s that corruption began to be studied as an economic category and became a subject of systemic economic analysis. It should be emphasized that in legal practice, corruption is most often interpreted as a socially dangerous illegal phenomenon, which is a consequence of blackmail, bribery, venality of officials that use their authority for personal enrichment, disregarding the interests of other members of society. Therefore, corruption is usually seen as a type of offense and criminal actions of officials in contradiction to the interests of the state and its citizens. And anti-corruption measures are associated with the improvement of the current legislation in terms of ensuring the inevitability of responsibility for corruption and corruption-related offenses. At the same time, given that corruption is inseparable from the shadow economy, it is necessary to study these two phenomena as a single system and consider anti-corruption policy as a key component of the fight against the shadow economy. The world community, in particular the EU, has a well-developed system of state regulation, which many countries are guided by. Despite this, the budgets of EU countries lose a certain amount each year from corruption schemes in the economic sphere. The aim of the article is to study the theoretical and institutional foundations of anti-corruption policy as a component of the fight against shadow economy to update the powers of relevant authorities in terms of their implementation in international anti-corruption standards in the economic space. In Ukraine, anti-corruption policy is implemented in the context of the creation of an institutional system to prevent and combat corruption, which includes specialized organizations, legislation, the formation of special mechanisms to prevent and combat corruption, etc. At present, the following bodies have already been established and are functioning in Ukraine: National Agency on Corruption Prevention (NACP), National Anti-Corruption Bureau of Ukraine (NABU), Specialized Anti-Corruption Prosecutor's Office (SAPO), Asset Recovery and Management Agency, High Anti-Corruption Court of Ukraine, and some tasks in the field of combating corruption are performed by the prosecutor's office and the National Police of Ukraine. The State Financial Monitoring Service of Ukraine collects, analyzes and publishes information on suspected cases of withdrawal of funds of possible criminal origin. The results of the conducted research indicate that most of the goals set by the Anti-Corruption Strategy for 2014-2017 were not achieved in the previous years. Consequently, measures should continue to be taken both to increase the effectiveness of institutional mechanisms for preventing and countering corruption and to eliminate corruption risks in different sectors (primarily those where there is a high experience of corruption and/or the worst perception of corruption of the institutions involved). The combination of both approaches can give the greatest result in reducing the level of corruption in the coming years, so this is the basis of the proposed draft concept of anti-corruption policy for 2020-2024. The implementation of international standards contributed both to the development of the system of prevention and counteraction to corruption (including specialized institutions) and to the reduction of corruption in some sectors by eliminating corruption risks, which were systemic and structural in nature. Further implementation of these commitments and intentions will have a positive impact on reducing corruption and demonstrates the political will at all levels to achieve tangible results of implementing anti-corruption policies.

Practice of applying international principles in private law relations

National and international courts are increasingly turning to generally recognised international legal principles to regulate private law relations. This is necessitated, in particular, by the fact that the issues and disputes that modern participants in private law relations address to the courts are becoming more widespread. Thus, the practice of international justice and justice in Ukraine demonstrates that such international principles as the principle of justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, and the rule of law are increasingly used in dispute resolution. This study investigated the application of international principles in private law relations. Based on the general legal research methods, the nature of international legal principles was analysed, the study considered their application in the above-mentioned Ukrainian court cases to the European Court of Human Rights, as well as the Constitutional and Anti-Corruption Courts of Ukraine. The study investigated the judicial practice of the European Court of Human Rights, whose decisions raise the issue of violation of rights and fundamental freedoms stipulated in the Convention for the Protection of Human Rights and Fundamental Freedoms and non-compliance with basic international legal principles, as well as highlighted the main trends of these disputes. Based on the results of the analysis, the study identified an insufficient level of the content specification regarding the principle of the rule of law and its features in the current legislation of Ukraine, which must be properly observed by both state authorities and citizens of Ukraine. Based on the conducted research, the authors formulated their scientific positions and conclusions aimed at improving the system of principles of private law relations

Activities of anti-corruption bodies of Ukraine in the conditions of today: state and main challenges

The article considers the current conditions in which such anti-corruption bodies as the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, and the Supreme Anti-Corruption Court of Ukraine have to operate. Based on the opinions of scientists and experts, it has been established that anti-corruption bodies now face the following challenges: constant pressure from the authorities, irresponsibility of the majority of people's deputies, which makes it very difficult for these bodies to work; most citizens of our state perceive corruption as a relatively simple way to solve problems quickly. Ordinary citizens are accustomed, so to speak, to solving either complex or simple issues (in health care or education institutions, courts and other public institutions) "mainly through bribes to officials of lower levels of government who abuse their official position, using it for the purpose of illegal profit or for other selfish purposes; obvious abuse of power by top officials, misappropriation of state property, land, concealment of wealth. In view of this, corruption has been perceived for many years by scholars and ordinary citizens as perhaps the greatest threat to the progress of socio-economic development of the state, its formation as a democracy. The problem of combating corruption as one of the most dangerous phenomena of modern Ukrainian society, which has penetrated almost all spheres of life, is extremely acute not only in Ukraine but also in many developed European countries, including Italy, Germany, Great Britain, etc.). It has been proved that anti-corruption bodies have never become independent and autonomous in their activities. They are often pressured by the Prosecutor General's Office, deputies, and interfere in the investigation, which, of course, alarms international partners and civil society

Legal Mobilization and the Internationalization of Anticorruption Enforcement

This article contributes a critical study of efforts to internationalize the investigation and prosecution of corruption. The efforts to internationalize anticorruption enforcement are visible, for instance, in calls for an International Anticorruption Court (IACC) or an Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC). Inspired by a historical sociological perspective, this article investigates mobilizations around these initiatives, how mobilizers frame their engagement, and the ideological context in which they operate. In particular, the article zooms in on elites and how they push for states to internationalize the investigation and prosecution of corruption. This article situates the efforts of these elites in a larger historical context and compares the push to internationalize anticorruption enforcement to earlier legal mobilizations in the field of international criminal justice focused on atrocity crimes.

High anti-corruption court in the context of international standards of judicial procedure and administration of justice

The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.