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REPRESENTATIVES OF THE PUBLIC ADMINISTRATION IN THE FIELD OF PREVENTION AND FIGHT AGAINST CORRUPTION IN UKRAINE: CLASSIFICATION ASPECT

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REPRESENTATIVES OF THE PUBLIC ADMINISTRATION IN THE FIELD OF PREVENTION AND FIGHT AGAINST CORRUPTION IN UKRAINE: CLASSIFICATION ASPECT

Reading time: 4 min.

 Among the entities authorized by the state to take measures to prevent and combat corruption and in respect of which it outlines the general directions for the exercise of their powers, most researchers distinguish three groups:

1. Entities with general authority:

  • The President of Ukraine – within the limits of his powers, he approves national programs, concepts, etc .;
  • The Verkhovna Rada of Ukraine is the only body of legislative power in Ukraine;
  • The Cabinet of Ministers of Ukraine – as the highest body in the system of executive bodies (an example of normative coordination activity of the Government is the establishment and change of structural subdivisions of executive bodies, including subdivisions whose activities are aimed at preventing and combating corruption);
  • The Prosecutor General of Ukraine in terms of implementing his constitutional status;

2. Entities with special powers – take measures to prevent and counteract it, directly detect, stop or investigate corruption offenses or related to them:

  • prosecutor’s offices;
  • bodies of the National Police of Ukraine;
  • National Anti-Corruption Bureau of Ukraine;
  • National Agency for the Prevention of Corruption;

3. Entities with the authority of a participant in anti-corruption measures – entities that have the right only to participate in preventing and combating corruption. However, in certain cases they have the right to take measures to stop corruption offenses, to promote the restoration of violated rights or interests of the state, individuals and legal entities, to participate in information and research support of measures to prevent and combat corruption, to be involved in the following measures:

  • government agencies;
  • authorities;
  • local governments;
  • enterprises, institutions, organizations, regardless of subordination and form of ownership, their officials and officials;
  • officials and officials of legal entities of public law, their structural units;
  • citizens, associations of citizens (with their consent).

In addition to the above, O. Ivanov believes that it would be appropriate to add another group to the classification – 4) specialized anti-corruption entities.

In our opinion, it is expedient to classify representatives of the public administration in the field of prevention and counteraction to corruption into the following groups:

  • bearers of political will – the President of Ukraine, factions of political forces in the Verkhovna Rada of Ukraine, the Committee of the Verkhovna Rada of Ukraine on Prevention and Counteraction to Corruption, the Cabinet of Ministers of Ukraine, the National Council on Anti-Corruption Policy under the President of Ukraine;
  • Anti-corruption bodies – the National Agency of Ukraine for the Prevention of Corruption (NAPC), the National Anti-Corruption Bureau of Ukraine (NABU), the State Bureau of Investigation (DBR), the Specialized Anti-Corruption Prosecutor’s Office (SAP) and the National Agency of Ukraine for Detection, Investigation and Management corruption and other crimes (ARMA), the Supreme Anti-Corruption Court of Ukraine (SAC);
  • specially authorized bodies in the field of anti-corruption – the prosecutor’s office and the National Police, NAPC, DBR, ARMA;

4. Implementers of anti-corruption policy – state bodies, their subordinate bodies which are obliged to implement a specific anti-corruption measure; private sector enterprises, as well as individual citizens or their associations – by consent;

5. Formulators of anti-corruption policy – NAPC and the Cabinet of Ministers of Ukraine;

6. Entities involved in the process of anti-corruption policy – the National Council for Anti-Corruption Policy under the President of Ukraine, the Ministry of Justice of Ukraine, NAPC, DBR, ARMA, the Government Commissioner for Anti-Corruption Policy, the European Union Anti-Corruption Initiative in Ukraine, the Ministry of Foreign Affairs Denmark, UNDP, Transparency International Ukraine, EIDOS (Center for Political Studies and Analytics), International Renaissance Foundation, and others;

7. Participants in anti-corruption programs – Ministry of Health of Ukraine, Ministry of Energy and Environmental Protection of Ukraine, Ministry of Justice of Ukraine, Ministry of Finance of Ukraine, Ministry of Social Policy of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Education and Science of Ukraine, Ministry of Culture, Youth and Sports Of Ukraine, Ministry of Economic Development, Trade and Agriculture of Ukraine, Ministry and Committee for Digital Transformation of Ukraine, State Property Fund of Ukraine, State Audit Office of Ukraine, State Service of Ukraine for Transport Safety, State Aviation Service of Ukraine, State Service of Ukraine for Geodesy, Cartography and cadastre;

8. Citizens and associations of citizens – Public Human Rights Organization “Human Rights”, Center for Political and Legal Reforms, Transparency International Ukraine, Center for Political Studies and Analytics “Eidos”, Center for Combating Corruption, Anti-Corruption Reform Group, Resuscitation Reform Package, and others;

9. International independent experts and organizations – Carlos Castresana (Carlos Castresana), Giovanni Kessler (Giovanni Kessler), USAID, Transparency International, and others.

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