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EUROPEAN PRINCIPLES FOR OVERCOMING CORRUPTION AS PART OF THE DOMESTIC ANTI-CORRUPTION MECHANISM

The principles of EU law are the basic principles of this legal system, which determine the content of law-making, law enforcement and law enforcement activities of the Union as a whole and its Member States. The European Court of Justice understands the general principles of EU law as unwritten EU law, namely the general principles of international law and the general principles of law shared by all EU Member States.

 The legal basis for the inclusion of the principles of law in the EU legal system are the founding treaties of the Union. In turn, the principles of European administrative law were first formulated in the work of Jürgen Schwartz “European Verwaltungsrecht“ (with him. – “European Administrative Law”), 1988; these included:

  • the principle of legality;
  • the possibility of cancellation (or revocation) of an illegal administrative act;
  • the principle of non-discrimination;
  • legal certainty;
  • right to protection;
  • the principle of proportionality;
  • the principle of respect for fundamental human and civil rights;
  • the principle of subsidiarity;
  • the principle of proper administration;
  • the principle of transparency;
  • principle of application;
  • principle of direct action.

Within the framework of his own work, O. Prilipchuk cites the group affiliation of such principles and separately notes that they should be distinguished from European principles of good governance.

In our opinion, the principles of European law, European administrative law and European governance are the conceptual principles of Ukraine’s orientation towards the development of a civilized country in which a person is not only recognized but also perceived as the highest social value. necessary goods. In particular, these are such principles as democratic equality, representative democracy, respect for national individuality, the rule of law, transparency and accountability of the state to the individual, and so on.

In addition to the general European principles, specialized principles for combating corruption are also crucial. As an example, UN General Assembly Resolution 3514 (XXX) Measures against corruption practiced by transnational and other corporations, their intermediaries and other parties involved adopted on 15 December 1975 enshrines the following anti-corruption principles:

1) condemnation of all manifestations of corruption;

2) systematic measures to prevent transnational manifestations of corruption;

3) international cooperation;

4) maintenance of statistical and monitoring information materials on the state of corruption in a particular country.

The UN Declaration on Combating Corruption and Bribery in International Commercial Transactions of 16 December 1996 enshrines the following:

  • the principle of effective and concrete measures to combat all forms of corruption;
  • the principle of criminalization for bribery;
  • the principle of uniform standards and methods of accounting;
  • the principle of recognizing the illegal enrichment of public officials or elected representatives as a crime;
  • the principle of international cooperation.

 The relevant Resolution № R(97)24 sets out 20 basic principles for how such activities should be implemented at the national level, including:

1) take effective measures to prevent corruption and, in this regard, to raise public understanding and promote ethical behavior;

2) guarantee the recognition of national and international corruption as a criminal act;

3) ensure that those responsible for preventing, investigating, prosecuting and judging corruption cases are independent and autonomous;

4) provide appropriate measures for confiscation and deprivation of income as a result of corruption;

5) provide appropriate measures to prevent pressure on lawyers involved in exposing corruption and others.

And the main principles of the Istanbul Action Plan are the development of an effective and transparent civil service system, strengthening the fight against bribery and ensuring honesty in business, supporting active public participation in reforms.

Separately, we note that according to the Model Law “Fundamentals of Legislation on Anti-Corruption Policy“ of November 15, 2003, the principles of anti-corruption policy are:

1) partnership of subjects of formation and implementation of anti-corruption policy measures;

2) the priority of measures to prevent corruption and the moral principles of the fight against corruption;

3) inadmissibility of setting anti-corruption standards below the level specified by state laws;

4) inadmissibility of imposing on the same subject of anti-corruption policy responsibility for the development, implementation and control over the implementation of anti-corruption policy measures;

5) maintaining the optimal number of persons holding public office and persons holding public and municipal service;

6) targeted budget funding for anti-corruption policy measures;

7) recognition of the increased public danger of corruption offenses of persons replacing positions provided by the constitution and other laws of the state;

8) inadmissibility of restricting access to information on corruption facts, corruption-causing factors and measures to implement anti-corruption policy.

Thus, the principles of European law, European administrative law and European governance, as well as international anti-corruption standards (specialized European principles of combating corruption) are an integral part of the domestic anti-corruption mechanism, and their importance can be described as transnational and cross-border. phenomena and the social need to eradicate it throughout the European space in particular, and the world in general.

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