ON THE METHODOLOGY FOR ASSESSING THE CORRUPTION POTENTIAL OF LEGAL ACTS

Abstract

The article is devoted to the methodology for assessing legal acts for corruption, since the sphere where corruption originates and spreads, respectively, is legislation.
Corruption as a phenomenon should be considered as an unlawful selfish act committed by a person who is vested with power; as a socio-economic and political phenomenon, the main feature of which is the use by officials of the legislative, executive and judicial authorities, public associations, institutions and organizations of economic management of all forms of ownership of their official position to obtain material assets, services; as an extralegal institution used by private individuals or groups to influence the actions of officials (bureaucracy); as a symptom of a failure in the public administration system.
The adoption of legislative measures is justified, in particular, the use of an assessment of regulatory legal acts for corruption, because the sphere where corruption originates and spreads, of course, is legislation. Modern legal science and practice itself direct their efforts to develop effective mechanisms aimed at combating this shameful phenomenon. It is this unimplemented mechanism that is one of the effective components of overcoming corruption at the present stage, we are talking about the assessment of regulatory legal acts and draft laws, the ambiguity of interpretations of individual provisions that penetrate legal norms at the very stage of lawmaking. Lobbying the issue of the oligarchy, individual deputies or even groups do everything to blur the clarity and unambiguousness of the presentation of the legislative norm, as well as the inability to see the hidden content of binary interpretation in it
It has been proven that the assessment of a legal act for corruption involves compliance with anti-corruption requirements, in order to identify corruption components (numerous abbreviations, ambiguous norms, hidden defects, ambiguity and polysemy of terms), which can contribute to corruption manifestations in law enforcement and the development of recommendations for their prevention.
It is emphasized that the assessment of regulatory and legal acts for corruption is associated with both material and personnel potential and significant expenditure of time resources. Of course, such an assessment should be carried out not only at the stage of preparation of regulatory and legal acts, but also at the stage of their adoption, as well as at the stage of implementation based on the results of monitoring their application. In fact, only such an approach will allow reducing the overall “corruption” of legislation.
The development of criteria for determining legislative errors in legal acts, which are most likely to contain corruption-prone norms, has been updated, in particular, in such areas of law as financial and administrative, which have a high corruption-prone potential, especially in cases where such acts provide for the regulation of relations, the agents of which are officials, and the counterparties are citizens and organizations.
It is proven that in the sphere of economy, the most likely sources of corruption are: customs legislation, tax legislation, antitrust legislation, and bankruptcy legislation. Of course, the above list is not exhaustive and can be expanded, primarily due to regulatory legal acts that regulate relations related to the distribution of budget funds. The list of potential sources of corruption should include legislation on procurement for state and municipal needs. Констатовано неабияку уваги щодо законодавства, яке регламентує надання безоплатної державної допомоги, зокрема, у законодавстві про соціальне забезпечення (пільги, субсидії), у сфері медицини, освіти,
The imperfection of the norms of corporate legislation is highlighted, which leads to the emergence of such a negative factor of socio-economic life as raiding, accompanied by corruption manifestations.
When assessing a legal act for corruption, as well as any other type of activity, the use and application of the appropriate set (system) of methods, approaches, techniques and operations is provided for in order to correctly understand the phenomenon and obtain the desired result. In a broader sense, the goal of assessing a legal act is to neutralize its corruption. As for the technical tasks of the methodology, they are primarily related to the quality of: the researcher himself; in connection with the subject of his research; his method and in general with the research technique.
It is emphasized that the choice of methods and measures to prevent corruption is the prevention of corruption manifestations and ensuring real openness of power.
The state, as a legal form of organization of the people and society in combating corruption, should be oriented towards the process of interaction and communication, designed to study public opinion for public dialogue, and promote the law-making initiative of citizens to adopt anti-corruption acts.
The author's position on the task of methodology is expressed, namely, identifying both positive and negative aspects of the method. But the quality of the method is due to its insufficiency in a particular study as a single method. Therefore, in preventing corruption, a combined method should be used. Its application is a kind of methodological amalgam.