FOREIGN EXPERIENCE OF LEGAL REGULATION AND THE APPLICATION OF RESTRICTIONS AND PROHIBITIONS AS A MEANS TO PREVENT AN ADMINISTRATIVE OFFENCE RELATED TO CORRUPTION
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 3
Abstract
In the article on the basis of doctrinal sources and provisions of foreign law analyzed some aspects of foreign experience of legal regulation and the use of restrictions and prohibitions as a means of preventing an administrative offense related to corruption. It was noted that the legal analysis of foreign experience of legal regulation and the application of restrictions and prohibitions as means of preventing corruption-related administrative offenses contributes to the allocation of possibilities for its borrowing for Ukraine, the improvement of domestic legislation in a certain sphere, and the practice of its application. However, the continuous "transposition" of legal norms from foreign law to domestic will not create the desired effect of improvement, and may have negative consequences, so it is essential to have a balanced approach in borrowing - only legal analysis, comparison with domestic experience, taking into account historical features, national traditions of law-making and enforcement, including in anticorruption, will allow you to get the best result. The foreign experience of legal regulation and the application of restrictions and prohibitions as a means of preventing an administrative offense is offered under the three-vector system: The American vector, the European vector and the Asian vector, which will help to reflect the peculiarities of anti-corruption policy in different countries. The comparative legal description with the domestic legislation was carried out. It is proposed to borrow certain rules of foreign law, taking into account their positive approbation.
Authors and Affiliations
О. М. Шимон
Keywords
Related Articles
- EP ID EP665276
- DOI -
- Views 62
- Downloads 0
JUDICIAL REDUCTION: ORTHODOX STUDIES
The article considers judicial eloquence as one of the most ancient types of oratory. It is noted that in court there is a significant place between the prosecution and the defense side in a court, and the necessary feat...
LEGAL RIGHTS OF THE FAMILY MEMBERS OF THE OWNER OF SOME DWELLING TO USE THIS DWELLING
The article deals with the general grounds for the emergence of tenure rights owne’s family members and specific legal facts: treaties, judicial decisions, by virtue of the will and the law. Particular attention is given...
THE CATEGORICAL-CONCEPTUAL COGNITION BY THE THEORY OF LAW THE VARIABLE NATURE OF THE PHENOMENON OF LEGAL SUBJECTITY
The article deals with problematic issues of categorical-conceptual cognition by theory of law the variable nature of the phenomenon of legal subjectity. The main author’s thesis – a resultative research of the phenomeno...
THE CARRIER’S RESPONSIBILITY FOR THE NON-PRESERVATION OF CARGO AT AIR TRANSPORTATION
The article is devoted to the complexity of freight frequency by air transport both in the world and in Ukraine. A necessity for legal providing a certain mechanism of air transportation, the definition of rights and obl...
FINANCIAL LAW AND TAX LAW AS EDUCATIONAL SUBJECTS: CURRENT STATE PROBLEMS
The article presents the results of the study of the list of educational disciplines related to financial and tax law, which are studied in the leading higher educational institutions of Ukraine. The problems of correlat...