ORGANIZATION OF PARTICIPATION OF THE PROSECUTOR IN THE CONSIDERATION OF CASES OF ADMINISTRATIVE OFFENSES ASSOCIATED WITH CORRUPTION (ON THE EXAMPLE OF ODESSA REGION)

On the basis of the analysis of legal regulation of the prosecutor's powers in cases of administrative offenses related to corruption and the practice of court consideration of cases of the specified category, the article identifies problems that complicate the effective implementation by the prosecutor of his powers, as well as formulated proposals to improve the rules of the current legislation and the analysis of the case-law of the Odessa region makes it possible to reasonably determine the inappropriate exclusion of the prosecutor from the circle of subjects empowered to appeal against decisions of courts in administrative cases related to corruption. The author cites the reasons for the closure of administrative cases of corruption-related offenses, which were determined by court decisions for 9 months of 2019. An investigation into the application of anti-corruption legislation has allowed the author to argue that there is no established practice of judicial review of administrative offenses related to corruption, and that there is a problem in ensuring the uniformity of interpretation and application of administrative and legal prohibitions. Therefore, it remains necessary today to formulate and synthesize a single case law on cases of the relevant category, clarifying the application of the law on administrative liability for corruption offenses. The author has proved the necessity to change the norms of the Code of Administrative Offenses, which will facilitate the equal application by the courts of substantive and procedural law of anti-corruption direction and eliminate the contradiction of the constitutional principles of competitiveness of the judiciary and procedural equality of participants in court proceedings.