Problems of definition of concepts in the constitutional and legal mechanism of corruption prevention in Ukraine

In the scientific and journalistic literature there is a methodological diversity of approaches to understanding corruption and the mechanism of its prevention, respectively, there are different interpretations. At the present stage of development of research on this issue it is quite difficult to formulate a single definition. At the same time, it is necessary to analyze different approaches to understanding this phenomenon, and hence the correct application of the term "corruption" and its derivatives, such as "prevention of corruption", "anti-corruption" and so on. This term, like any other, is an element of a certain terminology. In the scientific literature, the term is interpreted as a word or contracted phrase that has a special meaning, expresses and forms a professional concept and is used in the process of cognition, development of scientific and professional-technical objects and relations between them [1, p. 5].

At the same time, not all normative sources contain appropriate definitions, which leads to some uncertainty in law enforcement. It is obvious that the influence of historical and national specifics determines the different understanding of corruption as a phenomenon and its interpretation in laws and regulations. Despite the duration of corruption as a phenomenon and its extraordinary popularity in modern conditions, it is not easy to formulate a universal definition of this concept. In addition, the subjects of international rule-making do not have a single position on the value of definitions, so in some situations they are given considerable attention, and in others - they are ignored.

The lack of clearly defined legal definitions is observed in general in international treaties, in particular in the legal system of the European Union, which is characterized in the scientific literature as "flexibility" of legal norms enshrined in law. This flexibility is supposed to serve to reach a compromise between the needs of legal certainty, on the one hand, and the needs of situational justice, on the other.

Thus, the explanatory note to the Criminal Convention on Corruption states that "whether a practice will be classified as" corrupt "and whether it will be condemned by public morals depends on the specific state" [2].

The Law of Ukraine "On Prevention of Corruption" aims to bring national legislation in line with the requirements of the Criminal Convention on Corruption and the Additional Protocol thereto and the UN Convention against Corruption (UNCAC). The amendments to the criminal law concerned the definition of bribery in the public sector and the imposition of sanctions, the definition of "official" used in the provisions on corruption - including, in particular, foreign officials and officials of international organizations - the criminalization of abuse of influence and introduction of specific provisions on bribery in the private sector.

Obviously, the above legislative definition is special given that it is not universal and does not cover the whole set of corruption for which national law provides for liability. This definition of corruption is formulated only for the needs of the Law of Ukraine "On Prevention of Corruption" [3, p.181-196].

Some concepts of this law are generally unclear and need to be clarified, namely the difference between potential and actual conflicts of interest, as one of the manifestations of corruption, the procedure and ways to prevent it.

Also, we draw your attention to the fact that the Law of Ukraine "On Prevention of Corruption" does not define the concept of "anti-corruption", although in paragraph 12 of Part 1 of Article 1, paragraph 1 of Part 1 of Article 11, items 4, 12 part 1, part 3 of article 12, part 3 of article 17 uses this term.

Summarizing the above, we consider it appropriate to include in the Law of Ukraine "On Prevention of Corruption" the term "anti-corruption", and we consider the name of the Law of Ukraine "On Prevention of Corruption" not very successful, as the dictionary prevents the Ukrainian language to avert something unpleasant, undesirable ", ie the title of the mentioned Law is in fact a statement of denial of the existence of corruption crime in Ukraine.

References:

1. Golovin BN Linguistic bases of the doctrine of terms: [textbook. manual for philol. special universities] / BN Golovin, R. Yu. Kobrin. - М .: Высш. school, 1987
2. Explanatory note to the Criminal Convention on Combating Corruption [Electronic resource]. - Access mode: https://crimecor.rada.gov.ua/komzloch/control/uk/publish/article;jsessionid=F3A149F998CA5D901366DEF8F6E8349E?art_id=49138&cat_ id = 46352.
3. Trepak VM Features of the definition of "corruption", - Scientific Bulletin of the National Academy of Internal Affairs, - № 4 (97), 2015
4. Law of Ukraine "On Prevention of Corruption" [Electronic resource]. - Access mode: https://zakon.rada.gov.ua/laws/show/1700-18