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ANALYSIS OF THE RANGE OF ACTORS OF DECLARATIONS AMONG NATIONAL GUARD OF UKRAINE MILITARY PERSONNEL TAKING INTO ACCOUNT THE PRINCIPLE OF LEGAL CERTAINTY

Journal: Честь і Закон ("Honor and Law") (Vol.1, No. 68)

Publication Date:

Authors : ;

Page : 88-94

Keywords : military officials; the actors of declaration; the Law of Ukraine “On Prevention of Corruption”; organizational and administrative responsibilities; administrative and economic responsibilities; e-declaration.;

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Abstract

In present conditions of development of Ukrainian society, the idea of introducing mechanisms for legal regulation of preventing and combating corruption is one of the priorities in building a democratic state. The Law of Ukraine "On Prevention of Corruption" contains an exhaustive list of persons, covered by it. Such list allows us to outline not only those who may be prosecuted for the relevant violations, but also those who are obliged to comply with anti-corruption restrictions and obligations established by the legislation. However, certain provisions of the above mentioned Law do not correspond to a number of constitutional principles, in particular the principle of legal certainty. Such a legislative approach does not take into account the legal positions of the Constitutional Court of Ukraine, which decisions have repeatedly stated that the qualification elements of the rule of law are the principle of legal certainty, clarity and unambiguity of the legal norm, since the other can not ensure its identical application, does not exclude a double interpretation in law practice and inevitably leads to arbitrariness. The provisions of the Law of Ukraine "On Prevention of Corruption" are analyzed in the article, which makes it clear that the legislator is guided not by the scope of duties assigned to one or another military official, but by a certain military rank, as determined by the range of individuals submitting income statement among military personnel. We believe that, in accordance with the Law of Ukraine "On Prevention of Corruption", the scope of functions (duties) of the respective military official, which is assigned to him on a permanent basis, should be fundamental in determining the range of individuals submitting income statement. Pointing to the issues that, in our opinion, have to be solved, the directions of their regulations have been formed.

Last modified: 2021-07-05 15:35:11