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LIBERATION IN CASE OF STAY DESPITE THE REQUIREMENTS OF LAW OF UKRAINE "ABOUT PREVENTION OF CORRUPTION" IN DIRECT SUBMISSION OF A CLOSE PERSON

Journal: LAW AND INNOVATIONS (Vol.1, No. 11)

Publication Date:

Authors : ;

Page : 124-132

Keywords : family members; close persons; corruption; employee; grounds for dismissal; prevent corruption; direct jurisdiction; rights and duties.;

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Abstract

Problem setting. Ukraine has gradually built a radically new anticorruption system, which is mainly preventive in nature and focused on the creation of a society of effective mechanisms to prevent corruption. On such conditions the value of requirements increases to respectable behavior of the persons authorized on implementation of functions of the state or local self-government. Analysis of recent researches and publications. Such scientists as: L. I. Arkusha; I. Y. Kiselev; M. I. Mel’nik; S. O. Nurullayev; S. M. Prylypko; D. V. Simonovich; O. M. Yaroshenko and others in their works pay attention to certain legal aspects of preventing corruption. However, attention to labor-legal aspects of preventing corruption at monographic research has not yet been paid. Target of research. is thorough research of questions of liberation in case of stay despite the requirements of Law of Ukraine "About prevention of corruption" in a direct submission for a close person, and also analysis of subject composition of persons that can be exempt after this founding. Article’s main body. The Law of Ukraine "About prevention of corruption" operates categories "close persons", "family members" and "close relatives". Close persons are persons who live together, connected by common life and have mutual right and duties with the entities referred to in p. 1, Art. 3 of the Law of Ukraine "About prevention of corruption" (except persons, mutual rights and the duties of that with a subject do not have character of family), including persons who live together but are not married, and - regardless of these conditions - husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, great-grandfather, great-grandmother, grandson, granddaughter, great-grandson, great-granddaughter, brother-in-law, daughter-in-law, father-inlaw, mother-in-law, father-in-law, mother-in-law, adoptive parent or adopted child, guardian or caregiver, person, that is on care or caring mentioned subject. Family members are persons who are married, and their children, including adults, parents, persons under guardianship, other persons who live together, connected by common life and have mutual right and duties (except persons, mutual rights and the duties of that with a subject do not have character of family), including persons who live together but are not married (art. 1 of the Law of Ukraine " About prevention of corruption"). Conclusions and prospects for the development. In case of origin of circumstances that violate requirements in relation to limitation of collaboration, relevant persons and persons close to them take measures in relation to the removal of such circumstances within fifteen days. If during this term these circumstances voluntarily are not removed, the employee in a monthly term from the moment of origin of circumstances subject to movement in accordance with established procedure on other position that eliminates a direct submission. If it is impossible to move such person that is in submission, it is subject to liberation from held a position after c. 4, p. 1, Art. 41 of the Labor Code of Ukraine.

Last modified: 2016-03-01 22:45:11