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ON THE EXPANSION OF THE LIST OF MILITARY CRIMES AND THE MAKING OF THE CRIMINAL CODE OF UKRAINE IN ACCORDANCE WITH THE UN CONVENTION AGAINST CORRUPTION

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)

Publication Date:

Authors : ; ;

Page : 155-163

Keywords : abuse of power; military official; power or official position; excess of power; official authority; decriminalization; corruption crimes;

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Abstract

The relevance of the study is due to the need to introduce an effective mechanism for detecting corruption in the military sphere and effectively counteract this phenomenon. The purpose of the study is to clarify the feasibility of expanding the list of war crimes in the current legislation of Ukraine on criminal liability, and to develop proposals to bring the Criminal Code of Ukraine in line with the UN Convention against Corruption. Сommitting of corruption crimes in the military sphere is one of the urgent problems. The study found that the lack of a proper procedure for prosecuting military officials increases the actual number of corruption offenses. Such mistrust is based on doubts about the lack of corruption of the Ministry of Defense of Ukraine and the Armed Forces of Ukraine, their ability to effectively manage the defense budget, guaranteed to fulfill their obligations. The difference between the concepts of abuse of power and excess of power is determined. It was found that the content of the UN Convention against Corruption, in force for Ukraine since 2010, is improperly implemented in the current legislation of Ukraine on criminal liability. The advantages of criminalizing the abuse of power or official position by a military official are determined. The urgency of criminalizing the abuse of power or official position by a military official is also due to the need to protect independence and uphold territorial integrity in the east of our state.

Last modified: 2021-03-25 00:26:34