Signs Of Corruption Research Articles

Кримінально-правова характеристика кримінальних правопорушень, пов’язаних з корупцією в Україні

The article examines the criminal-legal characterization of criminal offenses related to corruption in Ukraine. Corruption has a high level of latency, it hinders reform efforts, causes significant harm, and negatively affects Ukraine's reputation in international relations. The main risk on the path to European integration lies in how willing the government structures and leadership of the country are to fulfill their obligations and meet the expectations that exist in society today. Therefore, the fundamental issue in this context is the problem of combating corruption, which is currently the most pressing problem in our country. The Criminal Code of Ukraine specifically defines which socially dangerous acts constitute criminal offenses related to corruption for which individuals can be held criminally liable and punished. It is noted that the concepts of corruption, corrupt offense, and offense related to corruption are not defined in the Criminal Code of Ukraine, but are elaborated in the Law of Ukraine “On Prevention of Corruption”. The characteristics of criminal offenses related to corruption are considered, including social danger, unlawfulness, guilt, and commission by a special subject. It is stated that the provisions of the Special Part of the Criminal Code of Ukraine are arranged in separate sections based on the generic object, but the legislator does not adhere to this principle regarding criminal offenses related to corruption, and only Article 45 of the Criminal Code of Ukraine specifies which criminal offenses are classified as offenses related to corruption. It is mentioned that Ukraine has established a system of anti-corruption legislation, which defines the scope of subjects covered by this legislation and the circle of specially authorized subjects in the field of anti-corruption. In addition, the anti-corruption strategy in Ukraine is implemented through the implementation of a state program. Therefore, the legislation establishes a set of requirements and procedures aimed at preventing corruption. All these instruments form a complex of anti-corruption mechanisms that act as a barrier to the commission of criminal offenses related to corruption. However, this legislation must be clear and accessible for application by both theorists and practitioners. It is concluded that criminal offenses related to corruption are clearly defined in the Criminal Code of Ukraine as socially dangerous culpable acts (acts or omissions) that contain signs of corruption and are committed by the subject of the criminal offense related to corruption. As mentioned earlier, the peculiarity of the Criminal Code of Ukraine is that there is no one clear section among its divisions that encompasses all criminal offenses related to corruption, therefore, it is considered appropriate to include a separate section in the Criminal Code of Ukraine to unite all criminal offenses related to corruption in order to ensure proper application of criminal legislation and hold responsible individuals accountable for criminal offenses related to corruption.

The issue of childbirth assistance payments during the care of a child until the child reaches the age of three

It will be provided with a detailed calculation of the amounts of allowance that should be paid by public authorities and which are declared by government bodies as paid but are not actually paid. The study will consider what amounts of assistance are actually received by individuals who take care of a child until the child reaches the age of three.
 It is indicated, I would like to point, out that these fictitious payments, declared by state authorities as assistance paid to individuals caring for a child until the child reaches three years of age, are considered official income for Ukrainian citizens. It is determined, that payment of assistance to a person who cares for a child until the child reaches the age of three and in accordance with the law receives assistance at the birth of a child in accordance with paragraph 7, item 1, part 1 of Art. 4 of the Law [17] is not true.
 It will be proven that the guaranteed allowance provided by the state does not comply with the Legislation and is less than the minimum subsistence level, which creates conditions for the genocide of population.
 We conclude that a study has been carried out and it has proven that human rights have already been violated at the legislative level. There is a violation of the Laws of Ukraine, International documents and the Constitution of Ukraine. This indicates a conflict of legislation, which as a result leads to human rights violations, and as a further result a low standard of living of Ukrainian citizens.
 It is indicated that there is a formal attitude to the Laws of Ukraine due to improper conduct of operational and investigative actions, signs of corruption and professional impropriety. Crimes are covered up, the guilty are not brought to justice.
 It has been established that persons caring for young children before the age of three are deprived of adequate state-guaranteed social protection. There is a conflict of laws. Thus, these citizens of Ukraine are being social destruction by incompetent state officials.

Governance and Citizen Satisfaction in Intermediate Cities of Ancash (Peru)

The study analyzes the relationship between governance and citizen satisfaction in three intermediate cities of Aija, Casma and Yungay (Ancash, Peru). In recent decades, the trend in these cities has been population growth in urban areas with signs of corruption. Context where governance is in charge of municipal or municipal authorities. The main purpose of the research was to determine the relationship between governance and citizen satisfaction, taking into account citizen participation, development in the educational field and citizens' expectations of governance with a view to the future. For this purpose, a correlational descriptive research was carried out with a quantitative approach. The sample consisted of 320 male and female villagers aged between 18 and 70 years. For data collection, the survey technique was used and the questionnaire was used as an instrument, which included 20 questions. The main findings are that the relationship between governance and citizen satisfaction is low. Similarly, citizen participation in public works is low, as well as attention to educational services is low. For this reason, the population has no greater expectations for the development of their peoples. Consequently, governance in the intermediate cities of Ancash needs to be modernized, reinvented and enable citizen participation in the planning and execution of public works in order to respond with relevance according to each specific reality.

ПРОФЕСІЙНО-ПСИХОЛОГІЧНІ ВИМОГИ ДО ОСІБ РЯДОВОГО І НАЧАЛЬНИЦЬКОГО СКЛАДУ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

One of the key tasks on the way to reforming the penitentiary system according to the Strategy for reforming the penitentiary system for the period until 2026 is the formation of an effective model of personnel training and activity. Employees of the State Criminal and Executive Service of Ukraine almost every day during the performance of their duties fall into extreme and emergency situations, enter into interpersonal contact with persons who have committed crimes of various degrees of severity and promote the ideals of the criminal world, have difficulties in establishing interpersonal relations according to the norms defined in democratic society. Accordingly, each of the personnel representatives should be endowed with a number of professionally important qualities that allow effective educational influence on convicts. The article highlights the main features of the professional activity of the personnel of the State Criminal and Executive Service of Ukraine. These aspects determine rather high requirements for the psychological qualities of candidates for the positions of rank and command staff. It was found that the service, as a rule, takes place in complex conflict and extreme conditions, is associated with high nervous tension and mental overload. It is also worth noting that the psychological preparation of an employee for the occurrence of extreme and emergency situations is very important, the absence of which is often the reason for ineffective performance of official duties. The worker, regardless of the dangerousness of the professional environment, must be in close contact with convicts (prisoners) every day, maintain equal, conflict-free relations with them, and provide assistance to the penitentiary staff in carrying out social, educational and psychological measures in relation to them. Professionally important qualities of the personnel of the State Criminal and Executive Service of Ukraine have been identified and analyzed. It is on the urgency of the task of strengthening personnel potential, the effectiveness of combating offenses with signs of corruption and reducing their level, as well as preventing other illegal manifestations among the personnel of the specified service, that attention is focused on in the process of reform. Key words: reformation, penitentiary system, professional and psychological requirements, psychological stability, professional observation, professional deformation.

Formalin-free soft embalming of human cadavers using N-vinyl-2-pyrrolidone: perspectives for cadaver surgical training and medical device development.

The traditional apprenticeship approach to surgical skill education for young surgeons has drastically changed to more systematic surgical training using cadavers. Cadavers fixed with formalin are not suitable for surgical training because of their associated health hazards and overhardening. Recently, we established a formalin-free soft preservation method for human cadavers using N-vinyl-2-pyrrolidone. Since 2012, 61 cadavers have been embalmed with pyrrolidone in our institution. Tissues of pyrrolidone-embalmed cadavers are soft and pliable, and their bodies can be preserved for as long as 37months without any signs of corruption. In this review, we introduce our recent attempts to apply pyrrolidone-embalmed cadavers in surgical and medical procedure training, including endotracheal intubation, motion physiology of the vocal folds, laparoscopic surgery, endoscopic skull base surgery, and development of novel medical devices. Future research perspectives on pyrrolidone embalming are discussed.

New zones of corruption risk in higher education because of the manipulation of digital technologies

The problems of combating corruption in the system of higher education have not been studied enough. The authors of earlier studies considered the problems of corruption based on traditional ideas about the zones of corruption risk, methods of recognizing signs of corruption, and their subject composition. Digital technologies being introduced into management and control impact the circumstances that contribute to the commission of corruption offenses at the university. The subject composition of offenses, the methods of their commission and concealment of traces, and the zones of corruption risks have changed because of digitalization. The purpose of the study is to substantiate the need to apply alternative approaches to the formation of a university anti-corruption policy. Corruption risk zones have moved from the department to services that ensure the introduction and application of digital technologies in the educational and scientific processes. Using previous methods of combating corruption in digitalization does not give the expected effect. The authors used formal-logical, comparative-legal, statistical, and other methods in the article.

Participatory Budgeting in the Latin American context


 
 
 The objective of this article is to identify the strategies used by various countries to improve the use of participatory budgeting in Latin American countries. Based on participation and that these budgets generate greater welfare for citizens. In this way, the most needed works would be prioritized, seeking a more effective, efficient and above all transparent state. The type of research is descriptive and transversal. The approach is qualitative and uses documentary study and in-depth analysis as techniques. The sample used is composed of 30 related scientific articles. The results corroborated that the participatory budget is an important instrument of citizen participation that also generates great expectations among citizens. Likewise, it was identified that despite the predisposition of the political authorities, there are deficiencies in the transparency and efficiency of the administrative management of resources. Many signs of corruption have been demonstrated at different levels of the state, especially when executing the public budget allocated at different levels of government. For these reasons, the participatory budget has undergone changes in order to achieve a more adequate use of resources and execution of expenditures.
 
 

‘I prefer not to know’: Spain’s management of transnational adoption demand and signs of corruption

The safeguards and measures to prevent child trafficking mentioned in the 1993 Hague Convention on Intercountry Adoption have proven insufficient in curbing the so-called irregular adoptions. An analysis of how Spanish central authorities and intermediary agencies managed the flow of adoption dossiers between 2003 and 2013 presents their inability to react swiftly to the imbalance between adoption demand and supply. The 2015 reforms in the Spanish law introduced measures to bring demand in line with real needs. However, imaginaries that portray adopters and children from the Global South as victims of meaningless bureaucracy continue to hold true even today.

Tra Firenze e Roma: modelli danteschi

For Dante, Florence is the root and the form of a personal identity that has become the sign of corruption and the negation of the human. In opposition to it is Rome, the center of measure and control of a pacified world, a city ordered by God. In any event, Dante’s gaze would never cease, in a series of connections involving both identification and distancing, to turn towards the city of his birth: an invitation not to forgo, in our contemporary cities, the possibility of maintaining a vital balance between past and future.

CONCEPT AND CLASSIFICATION OF CORRUPTION CRIMES

The article presents an analysis of international and national legislation that defines the concept of «corruption» in a differentiated way by listing the signs and types of corruption manifestations, or by clearly differentiating corruption. The authors draw attention to the fact that the Federal Law «On Combating Corruption» specifies the list of criminal offenses rather truncated, which actualizes the problem of the lack of theoretical and legal tools to combat corruption. Neither intersectoral nor sectoral criminal laws describe the complex of all illegal acts that fall under the signs of corruption. The correct classification of corruption crimes has great socio-legal, criminological and moral significance. It will eliminate possible judicial errors, and the introduction of the academic discipline «Legal foundations of anti-corruption» will contribute to the formation of a solid foundation of knowledge in combating and intolerance of corruption. At the end of the article, the authors define the term «corruption».

Рецензія на монографічне дослідження «Правопорушення, пов’язані з корупцією: адміністративно-правові засади протидії» к.ю.н. Василя Франчука та к.ю.н. Домініки Корецкої-Шукєвіч (Варшава : Видавництво «Difin»)

This monograph is determined that corruption as a phenomenon that is a natural result of the joint development and formation of both Ukraine and world community in general is one of the main criteria for distinguishing corruption offenses from corruption-related offenses, because signs of corruption-related offenses are as follows: no signs of corruption; actions violate requirements, prohibitions and restrictions established by the Law of Ukraine «On Prevention of Corruption»; committed by a person specified in Art. 3 of the Law of Ukraine «On Prevention of Corruption»; following legal liability is provided: criminal, administrative, disciplinary and/or civil. Specific proposals to address the most problematic issues of administrative liability for corruption-related offenses, which found their objectification in conclusions to the work and proposals to improve administrative and legal, as well as within certain criminal legal regulation of special confiscation in the legislation of Ukraine were formulated based on what was discovered during the study.

Conclusions of the Supreme Court on the subject of trading in influence (Part 2 of Article 369-2 of the Criminal Code of Ukraine): a critical theoretical analysis

The article analyzes the conclusion of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court (cited in the decision of March 29, 2021) on the recognition of the subject of trading in influence (Part 2 of Article 369-2 of the Criminal Code of Ukraine) of any natural person who has reached the age of criminal responsibility. It has been established that such an interpretation of the characteristics of the subject of this crime may cause negative legal consequences of a systemic nature. In particular, such an interpretation may lead to a violation of the system of criminal law on corruption bribery, which is already provided for in the Criminal Code of Ukraine, and according to which the trading in influence by officials or persons providing public services qualifies under Article 369-2. As a result of the new interpretation of the signs of the subject of trading in influence, certain types of such a crime will be qualified under Article 368 of the Criminal code of Ukraine, and Article 369-2 will cease to be such that in all cases has signs of corruption. Such a decision does not comply with the provisions of the UN Convention against Corruption, in which the trading in influence under Article 18 of the Convention is recognized as an independent type of corruption crimes. Expanding the range of subjects of crime under Part 2 of Article 369-2 of the Criminal code of Ukraine will also lead to competition of this article with other articles of this Code about non-corruption crimes. Article 369-2 will have an advantage in application and provide for stricter liability, but there is no legal basis for such an increase in liability. Similarly, Article 369-2 may unreasonably apply to actions that are not socially dangerous. It is substantiated that the provisions of Part 3 of the note to Article 354 of the Criminal code of Ukraine have direct value for correct definition of the subject of trading in influence (Part 2 of Article 369-2 of the Criminal Code). According to them, as well as taking into account the systemic links of this criminal law, the subjects of this crime should be recognized as an official or a person who provides public services. This article of the Code should be criminally liable for bribery to trading in influence (opportunities) associated with the official (in a broad sense) powers of such persons.

РЕЦЕНЗІЯ НА МОНОГРАФІЧНЕ ДОСЛІДЖЕННЯ «ПРАВОПОРУШЕННЯ, ПОВ’ЯЗАНІ З КОРУПЦІЄЮ: АДМІНІСТРАТИВНО-ПРАВОВІ ЗАСАДИ ПРОТИДІЇ» ВАСИЛЯ ФРАНЧУКА, ДОМІНІКИ КОРЕЦКОЇ-ШУКЄВІЧ (ВАРШАВА: ВИДАВНИЦТВО «DIFIN»)

This monograph is the first comprehensive study in Ukraine on administrative liability for corruptionrelated offenses. Research considers: concept and signs of corruption; progress of legislation on administrative liability for corruption-related offenses; regulation of liability for corruption-related offenses in legislation of foreign countries; objective features of the corpus delicti; subjective features of the corpus delicti; theoretical and applied problems of liability for corruption-related offenses; prospects for improving of liability for corruptionrelated offenses. Legal analysis of provisions of current administrative legislation of Ukraine on liability for committing corruption-related offenses and anti-corruption legislation of the Republic of Poland was made during the research.

ПРАВОВІ АСПЕКТИ ЗАПОБІГАННЯ ТА ПРОТИДІЇ ПОЛІТИЧНІЙ КОРУПЦІЇ В УКРАЇНІ

The purpose of the article is to comprehensively study political corruption as a phenomenon of social life in terms of legal aspects of its prevention and counteraction. The content of the publication is determined by the specifics of the subject of research and reflects the interdisciplinary approach to the disclosure of the topic. The article presents a comprehensive study of political, managerial and legal aspects of understanding political corruption. Emphasis is placed on the essence (nature) of political corruption as a phenomenon of the political process, and therefore - on the lack of a common conceptual understanding of the concept of "political corruption". It is emphasized that the concepts of "corruption" and "political corruption" are not identical in content or legal characteristics. The political aspect of corruption is an insufficient basis for extending the legal signs of corruption to actions that have signs of political corruption. It is argued that the task of legal science is to identify the causes, establish the preconditions and find the most effective measures to prevent and specify the means of combating political corruption. It is established that, unlike corrupt acts, types of behavior in the field of political corruption are not covered by legal liability measures. This is due to the lack of legal definition of "political corruption" in the current legislation. However, within the framework of normative regulation of relations in the field of state funding of political parties, a legal mechanism for preventing political corruption in Ukraine has been formed and operates. This led to the conclusion that due to the establishment of requirements and restrictions on the financing of political parties, the introduction of transparency and accountability of political parties and election campaigns, the legislator launched state control over the finances of political parties represented by the National Agency for Prevention of Corruption and to administrative or criminal liability for the relevant offenses. In view of this, emphasis is placed on the importance of understanding the legal aspects of political corruption, influencing political parties through finances, strengthening the financial discipline of political parties, improving the system of state control over the financing of political parties, and ensuring responsibility for violations in political financing. The scientific novelty of the article is the legal analysis of actions in the field of political corruption in terms of the introduction of legal mechanisms to prevent its manifestations. The practical significance of the article is related to the possibility of further use of its materials in the educational process, conducting interdisciplinary research on the phenomenon of political corruption and forming proposals for improving the legislative mechanisms of state control over the financial activities of political parties.

Gratitude in Terms of Transactional Analysis

Gratitude is one of the rarest researched aspect of human interaction. Partially because in scientific reflection gratitude and gift giving is generally treated as a sign of corruption. Research held in Polish public hospitals on the topic of gift giving to medical staff shows that patients very precisely differentiate bribes from gifts as a token of gratitude.In TA there there is very difficult to find any reflection about gratitude, however Erskine admits that need of showing gratitude appears to be one of the most significants relational needs he noticed. Gratitude is not easy to analyse in TA terms because it is both an emotion and cultural attitude. As an emotion it is a kind of joy, one of the four authentic emotions according Eric Berne. As a cultural response it activated equally three Ego States: Parent, Adult and Child. What is more – a need for showing gratitude in a form of benevolent action toward the person someone feels gratitude for and this is an occasion to make a step towards intimacy.

Counteraction to Corruption Offenses in Penitentiary System (in Memory of Doctor of Law, Professor Nikolay Shchedrin)

The subject of the research is the processes of combating corruption in the penitentiary system of Russia. The purpose of the research is to analyze the legal prerequisites for the emergence of corruption manifestations in the penitentiary system and search for promising areas of legislation improvement in this area. The work is based on the complex application of a number of general and special research methods (structural and functional analysis, comparative-legal, formal-logical, system-structural methods). Domestic and foreign regulations, official data of the Federal Penitentiary Service of Russia, the results of the Russian and foreign scholars’ research serve the information base of the research. The main result of the research is in substantiation of the essential conclusions about the need for a clearer definition of the penitentiary system officials’ powers in order to reduce the risks of committing acts with the signs of corruption. The most significant, regarding the risks of corruption manifestations, spheres of penitentiary system employees’ activity are defined. The directions of law enforcement practice improvement in the sphere under the research are substantiated. The materials of the research can be useful for both scientists-penitentiaries, practitioners and for students, undergraduates and graduate students of the relevant areas of training and specialties in the course of mastering special disciplines

Адміністративно-правові засади запобігання корупції в органах національної поліції

Today, the problem of overcoming corruption is acute for all public authorities. But its existence in the police has more dangerous consequences, because corruption in the police undermines public confidence in law and order in the state, which must ensure police officers. The article considers the concepts and causes of corruption in the National Police. It is noted that the causes of police corruption are closely related to those that are characteristic of all categories of government officials and exist in society as a whole, namely economic, organizational, managerial, socio-psychological causes. Among the special reasons that cause corruption in the police are objective (external) and subjective (internal) reasons. Objective reasons are related to the specifics of professional activity, improper organization of employees' performance of their official duties, unfavorable conditions of service, etc. Subjective reasons are due to the level of development and upbringing of the police officer, among them: lack of idea about the proper and decent behavior of the police officer; insufficient development of moral and business qualities; the ability to be negatively influenced by colleagues who commit corrupt practices; lack of principled positions on honest and responsible service; lack of strong-willed qualities and adequate legal punishment for committing offenses with signs of corruption. It is determined that the main components of the administrative and legal mechanism for preventing corruption in the police are: legal relations and legal norms in the field of combating corruption; normative legal acts that form anti-corruption legislation; public authorities are called upon to combat corruption; administrative liability for corruption offenses, etc. The article substantiates the areas of improving the administrative and legal mechanism for preventing corruption in the National Police and provides proposals on the need to adopt the Law of Ukraine "On Public Control", amendments to the Laws of Ukraine "On Prevention of Corruption" and "On the National Police".

THE DIRECT OBJECT OF THE CRIME «DECLARING THE FALSE INFORMATION»

In the article the author revealed the signs of the direct object of the crime «Declaring the false information» and also highlighted some discussion points about its characteristics. Today, most citizens of Ukraine consider the corruption as a major problem and a threat to Ukraine’s existence as a state. In the minds of this citizens, this threat precedes the occupation of Crimea by Russia or the military conflict in eastern Ukraine with a neighboring state. Therefore, the every fact of disclosing corruption causes a wave of popular approval, but it has a little effect on the everyday corruption in the everyday lives of ordinary citizens who are no in hurry to combat this corruption, outraged only by the size of the bribes and requiring more corrupt people to be planted. The Criminal Code of Ukraine does not contain the concept of «corruption crime» or «corruption-related crime». However, the legislator in the note to Art. 45 of the General Part of the Criminal Code of Ukraine provided an exhaustive list of such crimes, but did not give any specific signs of such crimes. This list does not contain Article 366-1 «Declaring the false information». But this crime means the submission by the subject of the declaration the inaccurate information in the declaration of a person, authorized to perform the functions of state or local self-government stipulated by the Law of Ukraine «On Prevention of Corruption». So we can assume that this crime relates to corruption – an act that does not contain signs of corruption, but violates the requirements, prohibitions and restriction made by the person. The crime under Article 366-1 of the Criminal Code of Ukraine «Declaring the false information» contains all the corruption-related offenses, the signs of which are set out in the Law of Ukraine «On Prevention of Corruption». The direct object of the crime, provided by Article 366-1 of the Criminal Code of Ukraine «Declaring the false information» are requirements, prohibitions and restrictions of the financial control, violation of the procedure of filing declarations of persons, authorized to perform the functions of the state or local government. In order to harmonize the rules of criminal law and practice of application of Article 366-1 of the Criminal Code of Ukraine «Declaring the false information» by the National Agency for the Prevention of Corruption, we propose to supplement the Art. 45 of the General part of the Criminal Code of Ukraine with another corruption crime – «Declaring the false information».

Old News in the New Era: Temporal Misalignments and Wounded History in Rehana Rossouw’s New Times

Drawing on the work of Elizabeth Freeman (2010), this study offers a contribution to the South African literary debate over historical progress and irregular temporalities by proposing an analysis of time and embodiment in Rehana Rossouw’s second novel New Times (2017). The book, all centred around the themes of betrayal versus remembrance, tells the story of Ali, a young journalist trying to heal secret wounds in the year after South Africa’s first democratic elections. While her identity is continuously questioned because of her male nickname, mixed slave heritage and uncertain sexuality, Ali starts her new job for the aptly-titled The New Times by uncovering the new government’s first signs of corruption and blindness towards the AIDS plague. By investigating what is left of the colonial in the supposedly postcolonial era, Rossouw’s novel offers a fresh addition to the strand of South African literature that dares to deconstruct the myth of Mandela and of Liberation Day, calling for a deeper understanding of the often fractured temporalities of political change.

The Foreign Agents Registration Act Comes to Light amidst Probe into Russian Election Meddling: An Effort to Crack Down on Foreign Lobbyists or a Sign of Corruption

This article demonstrates that the Foreign Agents Registration Act (“FARA”), which is the United States law that requires “agents” of “foreign principals” to register with the Department of Justice, is deficient. Thus, I propose an amendment that imposes more severe penalties for violations and eliminates exemptions that have allowed politicians, lobbyists and attorneys to avoid the Act’s registration requirements. Additionally, this article examines the flaws in FARA by highlighting how such flaws opened the door for the events surrounding the investigations into Russian meddling in the 2016 United States election.