Some aspects of prevention and detection of corruption
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The State Migration Service of Ukraine
Some aspects of prevention and detection of corruption
01.12.2016
Some aspects of prevention and detection of corruption
Partial overcome the parliamentary crisis in Ukraine Verkhovna Rada of the current convocation led to more productive MPs, both at the design stage of new legislative initiatives and during their consideration and decision directly in the session hall.
The adoption of advanced and more obsolete legal regulations are called to transform the relationship between the people and the government of Ukraine in a more transparent, open and fair.
However, in order to the effect of the innovations was the most positive active members of the public and representatives of different branches of government belongs to exert considerable joint effort to minimize gaps and inconsistencies between the content standards legislation ativ which was adopted recently, and older acts, rules which remain in force and continue to operate.
It is the gaps and contradictions between the various regulations providing a framework for corruption abuses of dishonest officials.
As long as the gaps in the legal norms is not resolved, their negative effects can be prevented to some extent by using a systematic approach to the work of combatting corruption and authorized departments on prevention and detection of corruption.
Minimization Action corruption risks that arise due to imperfect legislation requires enormous efforts of all legal entities that have taken the position of zero tolerance for corruption.
One of the tools of effective work in this direction is ongoing bilateral dialogue between the authorities and society. Measures such as large-scale awareness, public debate and control over the authorities, prevention of crime and the general ohlaska have committed corruption offenses can significantly reduce corruption component in public administration.
Neither the fact of corruption offense should not be left unattended competent authorities. All relevant information is received from the public and was confirmed, must absolutely entail consequences under the law, and the results of each study must feel, especially the one who committed the crime.
To this end, the State Migration Service of Ukraine on its official website and notice boards of local agencies and departments located information on the channels by which every citizen has the opportunity to promptly inform the competent unit for the prevention and detection of corruption LCA misconduct of any employee service.
Often intervention unit officers VMI in the situation to quickly resolve issues. In cases where the actions of service have signs of criminal offenses, the information is transferred to respond to law enforcement agencies under the jurisdiction.
Only joint efforts can be achieved significant results in such a difficult task as preventing and combating corruption.
State and its representatives (officials) always accompanied by a sign of corruption. None of the socio-political and economic systems had and does not have full immunity from corruption, changing only its volume and displays, as well as opportunities, determined attitude to her state and society.
Successful anti-corruption is possible if several key components, including:
- Proper anti-corruption legislation;
- Effective use of its respective state bodies;
- The political will of state leaders really fight corruption in all spheres and at all levels of government.
Today in Ukraine created a whole is sufficient legal basis for effective counteraction of corruption, which, in particular, provides adequately react to any manifestations of corruption, unethical behavior since a civil servant and ending his participation in a veiled bribery.
In the course of action to prevent and preventing corruption and other offenses, it was determined that VMI there are major areas of officers and employees that are experiencing increased corruption risk and a possible manifestation of conflict of interest:
- Design of appropriate documents (immigration permit, a decision on the citizenship of Ukraine and its abolition, invitation to enter Ukraine, documents for temporary stay or permanent residence in Ukraine, registration and issuance of citizens Ukraine documents proving identity and citizenship, etc. )
- The competitive procedures;
- Decision on granting, loss, deprivation and cancel refugee status;
- Registration and issuance of refugee certificate;
- The functioning of reception centers and temporary stay of foreigners and stateless persons who illegally stay in Ukraine;
- Identification of refugees and persons who have applied for protection in Ukraine, foreigners and stateless persons who lost their documents of identity;
- The implementation of measures to prevent and combat illegal (illegal) migration and more.
In order to prevent and prevent the causes and conditions conducive to corruption and other violations of LCA and its territorial bodies, according to the Law of Ukraine "On Prevention of Corruption" and "On civil service" and other provisions of anti-corruption legislation, developed the Regulation on the prevention of crime, related to the official activities of LCA, which approved by the Ministry of Internal Affairs of 25.05.2012 p. 452 number.
Take steps to overcome and prevent corruption in government envisages a clear idea of ??the extent of this phenomenon.
The main result of long-term plans to combat corruption is to determine the critical areas, and in some dimensions and new features of the situation in Ukraine in recent years, that should be taken into account when forming a realistic strategy for fighting corruption.
First of all, it should be noted that in Ukraine instead of fragmented legislation a system of anti-corruption legislation that covers all aspects of life and involves different kinds of regulations.
In Ukraine, the main anti-corruption legal act is the Law of Ukraine "On prevention of corruption." Under Article 2 of the said law matters arising in the prevention of corruption are governed by the Constitution of Ukraine, international treaties ratified by the Verkhovna Rada of Ukraine, this and other laws, and take their performance other legal acts.
By legislative acts that form the basis of anti-corruption legislation of Ukraine are the following.
• Constitution of Ukraine.
• The United Nations Convention against Corruption (ratified by the Law of Ukraine on October 18, 2006 № 251-V).
• Council of Europe Civil Law Convention on Corruption (ratified by the Law of Ukraine dated March 16, 2005 № 2476-IV).
• Criminal Law Convention of the Council of Europe on Corruption (ratified by the Law of Ukraine dated October 18, 2006 № 252-V).
• Additional Protocol to the Criminal Law Council of Europe Convention on Corruption (ratified by Ukraine on 18 October 2006 № 253-V).
• Criminal codex of Ukraine.
• Code of Ukraine on Administrative Offences.
• Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine."
• Law of Ukraine "On prevention of corruption."
• Law of Ukraine "On principles of state anti-corruption policy in Ukraine (the Anti-Corruption Strategy) for 2014-2017 years".
• State program for the implementation of state anti-corruption policy in Ukraine (the Anti-Corruption Strategy) for 2015-2017 years "approved by the Cabinet of Ministers of Ukraine dated April 29, 2015 № 265.
• The default position of the authorized department (person) on the prevention and detection of corruption, approved by the Cabinet of Ministers of Ukraine on September 4, 2013 № 706.
• The order of the official investigation into the persons authorized to perform state functions or local government, approved by the Cabinet of Ministers of Ukraine on June 13, 2000 № 950 others.
Formed a system of anti-corruption bodies, including: the National Anti-Corruption Bureau (NABU), Anti-Corruption Prosecutor's Office and the National Agency for the Prevention of Corruption (Nazca). These authorities shall cooperate with each other, but have different functions and tasks.
For Ukraine, the problem of combating corruption and is probably still a long time will remain one of the most pressing. Objective factors of development indicate that corruption creates a substantial danger to the life of society, and today the extent of its distribution pose a threat to national security. The task of fighting corruption is now considered a national and priority.
Combating corruption emerged from the formal boundaries, became the subject of attention of the state and public organizations. This process occurs in freedom of the media and activation of Ukrainian citizenship.
An effective response requires the implementation of clear corruption prevention measures, elimination of conditions and opportunities for corruption. It is important that all the work carried out under the strict rule of law, the Constitution of Ukraine. And most importantly - corruption as a social evil can be overcome only by combining the efforts of government agencies, law enforcement agencies, labor groups and the public. Success in this business depends on close cooperation and daily personal contribution of each.
In Ukraine, unfortunately, there is a negative trend - legislators plunged into the maelstrom of unhealthy politicization. Consistent legislative work in combating corruption effectively become a hostage of permanent election campaign and sometimes she just blocked financial and political groups, how favorable conservation status in the realm of chaos and imperfection.
However, it is government transparency and public involvement in decision-making bodies of government will prevent the substitution of effective anti-corruption policy noisy speculation about corruption issues.
That is why the legislation to prevent and combat corruption must secure:
- The right of NGOs to conduct inquiries to state authorities in order to obtain a prescribed manner information on their activity;
- An informal public organizations (public) anti-corruption expertise of draft legal acts, decisions, programs;
- Legal support journalism and public corruption investigations and the formation of civil courts;
- Providing NGOs reasonable and timely conclusions and proposals relevant public authorities;
- Participation of NGOs in open parliamentary hearings on preventing and combating corruption;
- The possibility for NGOs to initiate in preventing corruption by subjects of legislative initiative;
- Development Institute lobbying draft laws to combat corruption;
- Guaranteed state protection of persons who assist in the fight against corruption.
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