RETROSPECTIVE ANALYSIS OF DESIGNING ANTI-CORRUPTION ACTS AT DIFFERENT LEVELS OF INTERNATIONAL LEGAL ANTI-CORRUPTION

It has been established that international legal countermeasures against corruption are carried out at three levels: global (by the United Nations, the Organization for Economic Cooperation and Development, the World Bank, etc.); regional integration (Council of Europe, European Union, other integration associations); bilateral intergovernmental and interagency cooperation. There is no coordination of directions and means of combating corruption between them. Therefore, international anti-corruption activities at all three levels developed not only in different directions, but also in many ways spontaneously. It has been proven that the wide participation of international organizations in the fight against corruption and the variety of anti-corruption legal means used by them contribute to the concentration and coordination of the efforts of states in the fight against corruption. Another positive effect of the acts of international organizations is also noted: drawing the attention of civil society to the tasks of combating corruption, they significantly strengthen the potential for their full solution. On the other hand, the variety of subjects and legal forms of international legal anti-corruption often create legal conflicts between acts operating in this area. Such collisions create, for example, different approaches to defining the concept of corruption. It is noted that the concepts of designing anti-corruption acts, based on the ideas and methods of system design of complex technological processes and objects, are more and more widely used in the law-making practice of international organizations and states of the modern world. Their influence on the legal regulation of social relations is increasing, confirming that at the current stage of socio-economic, technological, informational development, the complication of social relations, the rapid increase in their quantitative parameters and indicators, the growing danger of man-made and natural disasters, the introduction of system design becomes impossible. It is gradually displacing the maximally ineffective under such conditions practices of «industry», «fragmentary», «point», «situational» legal regulation. It has been established that the systematic design of anti-corruption acts primarily involves conducting comprehensive studies of law-making initiatives. In the course of such studies, all factors that may affect the intended sphere (object) of legal regulation must be analyzed; the opinions, positions, and evaluations of not only regulatory and control-supervisory state bodies, but also potential participants in the projected legal relations should be taken into account.

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Journal
Public Administration and Regional Development
Published
2024-10-25
DOI
https://doi.org/10.34132/pard2024.25.18
Primary Topic
Corruption and Economic Development
Type
article
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article

RETROSPECTIVE ANALYSIS OF DESIGNING ANTI-CORRUPTION ACTS AT DIFFERENT LEVELS OF INTERNATIONAL LEGAL ANTI-CORRUPTION

Volodymyr Moroz, Iya Dehtyarova
Public Administration and Regional Development
Corruption and Economic Development
article

RETROSPECTIVE ANALYSIS OF DESIGNING ANTI-CORRUPTION ACTS AT DIFFERENT LEVELS OF INTERNATIONAL LEGAL ANTI-CORRUPTION

Volodymyr Moroz, Iya Dehtyarova
article en

Abstract

It has been established that international legal countermeasures against corruption are carried out at three levels: global (by the United Nations, the Organization for Economic Cooperation and Development, the World Bank, etc.); regional integration (Council of Europe, European Union, other integration associations); bilateral intergovernmental and interagency cooperation. There is no coordination of directions and means of combating corruption between them. Therefore, international anti-corruption activities at all three levels developed not only in different directions, but also in many ways spontaneously. It has been proven that the wide participation of international organizations in the fight against corruption and the variety of anti-corruption legal means used by them contribute to the concentration and coordination of the efforts of states in the fight against corruption. Another positive effect of the acts of international organizations is also noted: drawing the attention of civil society to the tasks of combating corruption, they significantly strengthen the potential for their full solution. On the other hand, the variety of subjects and legal forms of international legal anti-corruption often create legal conflicts between acts operating in this area. Such collisions create, for example, different approaches to defining the concept of corruption. It is noted that the concepts of designing anti-corruption acts, based on the ideas and methods of system design of complex technological processes and objects, are more and more widely used in the law-making practice of international organizations and states of the modern world. Their influence on the legal regulation of social relations is increasing, confirming that at the current stage of socio-economic, technological, informational development, the complication of social relations, the rapid increase in their quantitative parameters and indicators, the growing danger of man-made and natural disasters, the introduction of system design becomes impossible. It is gradually displacing the maximally ineffective under such conditions practices of «industry», «fragmentary», «point», «situational» legal regulation. It has been established that the systematic design of anti-corruption acts primarily involves conducting comprehensive studies of law-making initiatives. In the course of such studies, all factors that may affect the intended sphere (object) of legal regulation must be analyzed; the opinions, positions, and evaluations of not only regulatory and control-supervisory state bodies, but also potential participants in the projected legal relations should be taken into account.

Public Administration and Regional DevelopmentVol. 25
State University of Management (RU), University of Educational Management
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Corruption and Economic Development
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