Criminal responsibility for corruption offenses based on compliance with the principles of legal responsibility

The article highlights the current problem of criminal responsibility for corruption offenses in Ukraine through the prism of compliance with the basic principles of legal responsibility. The fight against corruption is one of the key aspects for the development of a democratic society and the rule of law, however, excessive rigidity in approaches to the criminalization of corrupt acts may lead to a violation of the principles of justice, proportionality and individualization of punishments. The author of the article focuses on the fact that measures of criminal law influence should correspond to the degree of social danger of a specific offense and take into account the individual circumstances of each case. In particular, an argument is given regarding the need to take into account the personal characteristics of guilty persons when determining the type and degree of punishment, which will contribute to increasing the effectiveness of anti-corruption policy. The article emphasizes the importance of implementing effective preventive mechanisms in the fight against corruption and reforming institutional processes, which will help reduce the level of corruption offenses. The authors propose an approach to improving the mechanisms of individualizing punishments, as well as humanizing the legislation regulating the fight against corruption. This will allow achieving a balance between the severity of criminal sanctions and the observance of legal justice, ensuring at the same time the effectiveness of punishments and the possibility of rehabilitation of offenders. The article also draws attention to the importance of integrating international experience in the field of anti-corruption measures, which will increase the effectiveness of national reforms. The issue of institutional independence of anti-corruption bodies is considered separately, which is an important factor for ensuring the objectivity and impartiality of their activities. This approach will contribute to building a more transparent and effective justice system in Ukraine, capable of effectively combating corruption. The article emphasizes the need to ensure compliance with the principles of legal justice, proportionality and individualization in the process of criminalizing corruption offenses as one of the key conditions for an effective anti-corruption policy in Ukraine. It is noted that the punitive function of legal responsibility cannot be considered the main one in a democratic society, because otherwise responsibility turns into an end in itself, «responsibility for the sake of responsibility.» The purpose of punishing an offender is not just punishment, but primarily the prevention of new offenses. This also applies to corruption offenses, which must be considered in the context of a wider system of norms that promote lawful behavior.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-11-22
DOI
https://doi.org/10.24144/2307-3322.2024.85.3.36
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Criminal responsibility for corruption offenses based on compliance with the principles of legal responsibility

Anastasiia Antoniuk, Vadym DEMCHENKO
Uzhhorod National University Herald Series Law
Ukrainian Legal and Forensic Studies
article

Criminal responsibility for corruption offenses based on compliance with the principles of legal responsibility

Anastasiia Antoniuk, Vadym DEMCHENKO
article en

Abstract

The article highlights the current problem of criminal responsibility for corruption offenses in Ukraine through the prism of compliance with the basic principles of legal responsibility. The fight against corruption is one of the key aspects for the development of a democratic society and the rule of law, however, excessive rigidity in approaches to the criminalization of corrupt acts may lead to a violation of the principles of justice, proportionality and individualization of punishments. The author of the article focuses on the fact that measures of criminal law influence should correspond to the degree of social danger of a specific offense and take into account the individual circumstances of each case. In particular, an argument is given regarding the need to take into account the personal characteristics of guilty persons when determining the type and degree of punishment, which will contribute to increasing the effectiveness of anti-corruption policy. The article emphasizes the importance of implementing effective preventive mechanisms in the fight against corruption and reforming institutional processes, which will help reduce the level of corruption offenses. The authors propose an approach to improving the mechanisms of individualizing punishments, as well as humanizing the legislation regulating the fight against corruption. This will allow achieving a balance between the severity of criminal sanctions and the observance of legal justice, ensuring at the same time the effectiveness of punishments and the possibility of rehabilitation of offenders. The article also draws attention to the importance of integrating international experience in the field of anti-corruption measures, which will increase the effectiveness of national reforms. The issue of institutional independence of anti-corruption bodies is considered separately, which is an important factor for ensuring the objectivity and impartiality of their activities. This approach will contribute to building a more transparent and effective justice system in Ukraine, capable of effectively combating corruption. The article emphasizes the need to ensure compliance with the principles of legal justice, proportionality and individualization in the process of criminalizing corruption offenses as one of the key conditions for an effective anti-corruption policy in Ukraine. It is noted that the punitive function of legal responsibility cannot be considered the main one in a democratic society, because otherwise responsibility turns into an end in itself, «responsibility for the sake of responsibility.» The purpose of punishing an offender is not just punishment, but primarily the prevention of new offenses. This also applies to corruption offenses, which must be considered in the context of a wider system of norms that promote lawful behavior.

Uzhhorod National University Herald Series LawVol. 3(85)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Ukrainian Legal and Forensic Studies
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