PROBLEMS OF THE APPLICATION OF ANTI-CORRUPTION LEGISLATION IN THE ARMED FORCES OF UKRAINE DURING THE RULE OF MARTIAL LAW
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 56)Publication Date: 2022-10-31
Authors : Miroshnyk Mykyta; Shevchuk Andrii;
Page : 72-80
Keywords : corruption; legal nihilism; imperfection of the legal framework; implementation mechanism;
Abstract
The article analyzes the problems of applying anti-corruption legislation in the Armed Forces during martial law. It is outlined that «application of anti-corruption legislation» is understood as a legal process of implementation of anti-corruption legislative prescriptions, by transformation of a certain concrete life situation into a legal act by authorized subjects. Four main problems of the application of legislation in the Armed Forces during martial law are singled out. The first is the imperfection of the legal framework. It is noted that in the domestic legal system there is a significant specific weight of normative and legal prescriptions that relate to the main issues of anti-corruption regulation, but they belong to secondary legal acts, which is incorrect from the point of view of legal technique. In addition, it was noted that some legal prescriptions contain legal deformations — collisions, gaps, etc., which, in particular, can provoke an unscrupulous law enforcer to take advantage of such shortcomings. Examples of such shortcomings are given. Such a type of deficiency as the imperfection of mechanisms for the implementation of anti-corruption legislation is analyzed. It is indicated that only a comprehensive approach to legal regulation, in particular the elimination of fragmentation in the mechanism of such regulation, can significantly improve the situation with the application of anti-corruption legislation. The incompetence and/or corruption of some authorized subjects of the application of anti-corruption legislation in the Armed Forces is another drawback of the application of anti-corruption legislation in the Armed Forces during martial law. It is noted that it is people with the right values in the ranks of the Armed Forces who will transform its system as a whole and will be able not only to apply anti-corruption legislation, but also to make proposals for its improvement. The problem of the application of anti-corruption legislation in the Armed Forces during martial law, such as insufficient financial support and legal nihilism, is analyzed. The need to build a correct model of anti-corruption legislation and a decent salary in the Armed Forces (and in general in all state authorities) was emphasized. Legal education of citizens in order to overcome legal nihilism is also of great importance.
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