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VitaliyDEMIANCHUK,

First Vice-Rector, Professor of the Department of Criminal Law and Justice of the International University of Economics and Humanities named after Academician Stepan Demyanchuk, Candidate of Law Sciences, Associate Professor

THE PLACE AND ROLE OF ADMINISTRATIVE PROCEDURES IN IMPLEMENTING THE STATE ANTI-CORRUPTION POLICY OF UKRAINE

The article is focused on the comprehensive study of methodological principles and practical aspects of the implementation of administrative procedures as a mean of implementing the state anti-corruption policy of Ukraine. The features of anti-corruption procedure as a key practical anti-corruption measure have been considered. The main doctrinal approaches to the definition of the legal content and the significance of a holistic and institutionalized system of administrative procedures in the implementation of state anti-corruption policy have been analyzed. It has been determined that the state anti-corruption policy is implemented, in particular, through the implementation of certain administrative procedures provided by the current legislation. The main doctrinal approaches to the interpretation of administrative procedures have been studied, since effective conduction of anti-corruption measures can only be carried out in the conditions of strict regulation of the relevant procedural forms of the activities of the subjects in combating corruption at the individual and legal level of social relations.

Based on the conducted analysis of the content and types of administrative procedures implemented in the framework of the implementation of anti-corruption policy in Ukraine, the author has made the following conclusions: a) under administrative anti-corruption procedure we should understand the officially established procedure of actions by the authorized agencies and officials of public authorities in the implementation of anti-corruption measures of administrative and legal nature; b) in regard to the nature of cases, in accordance with the presence or absence of administrative disputes or delicts (offenses), two types of administrative procedures – jurisdictional and non-jurisdictional have been allocated; c) the jurisdictional administrative procedure carried out in the framework of the implementation of anti-corruption policy in Ukraine is the procedure for bringing to administrative responsibility for corruption offenses; d) non-jurisdictional (administrative) anti-corruption procedures have a protective role in the mechanism of the implementation of anti-corruption policy of the state, which internally organizes the system of counteraction to corruption (internal organization procedures) or determines the legal form of exercising power and administrative influences in the context of the implementation of administrative process (external procedures).

Key words: anti-corruption policy, corruption, anti-corruption measures, anti-corruption procedure, administrative responsibility.

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