Open AccessCORRUPTION RISKS IN CRIMINAL PROCEEDINGS
Author(s) -
С. С. Мірошниченко
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-103-1.35
Subject(s) - language change , law enforcement , government (linguistics) , political science , state (computer science) , enforcement , rule of law , criminal law , sustainable development , business , obstacle , relevance (law) , order (exchange) , law , law and economics , politics , economics , art , linguistics , philosophy , literature , finance , algorithm , computer science
The relevance of the article is that today our state is acutely aware of the problem of corruption, which is a threat to the rule of law, law and order, rights and freedoms of citizens, as well as an obstacle to sustainable pro-European development. To solve this problem, it is necessary to create and implement a number of anti-corruption measures that will not only eradicate corruption as a phenomenon, but will also prevent the emergence of conditions that will contribute to its emergence. The implementation of such a process is a necessary condition for the formation of sustainable public confidence in the government, improving the lives of citizens, ensuring the growth of Ukraine’s economic potential. The specifics of the civil service often leads to a conflict of interests of citizens, social groups, society, the state as a whole, the collision of which causes various conflicts, and sometimes leads to corruption offenses. The purpose of the article is to study and analyze in detail the corruption risks in criminal proceedings. Corruption risks in criminal proceedings have been studied and analyzed in detail. It has been determined that any entity that has discretionary powers the ability to act on its own, but within the law is prone to corruption. Such entities may be the head of state, deputies, officials, doctors, administrators, etc. However, law enforcement officers and judges conducting criminal cases can also benefit illegally. Thus, they also belong to the category of persons who have corruption risks. It is determined that the types of corrupt payments can be money, jewelry, payment for services, employment of relatives, vacation vouchers, home or car repairs. In particular, there are some payments that are in demand among the staff of investigative units: printers, scanners, paper, other consumables, payment for fuel both to travel to the scene and for personal purposes of the investigator. The stage of consideration of a criminal case in court begins from the moment the judge receives the case and ends with the entry into force of the verdict in this case. The only subject of corruption risk at this stage is a judge who has the authority to revoke or change the measure of restraint, to replace the criminal qualification from a more serious offense to a less serious one, to appoint a minimum term of imprisonment, to release from criminal liability.