RESTRICTIONS ON GIVING GIFTS PUBLIC WORKSHOPS: SOME DISCUSSION QUESTIONS NORMAL ENFORCEMENT IN UKRAINE'S LEGISLATION
Journal Title: Право і суспільство - Year 2017, Vol 6, Issue 2
Abstract
The article analyzes the provisions of the current anti-corruption legislation, which are directly devoted to restrictions on the receipt of gifts by public servants. Attention is drawn to the fact that, in spite of a certain maximum approximation to the use of prohibitions and restrictions as regulators of public relations, they should not be equated, since the prohibitions imply the absolute impossibility of any acts on the part of the person, while the restrictions determine the limits, limits, limits of the person's behavior. The appropriate delimitation is important not only for legal science in applied research, but also for standardization and enforcement in order to unify rule-making and enforcement. The focus is on the fact that, with the overall positive assessment of the legislator's attempts to regulate social relations, which are directly related to the restrictions on the receipt of gifts by public servants, at the same time, there are many controversial provisions, the application of which leads to problems of a practical nature. The authors draw attention to the use of valuation provisions in the formulation of the normative definition of the gift and its varieties, the variety of approaches to using the “value” of the gift in determining the rules of treatment with him. Several authors' variants of the classification of gifts are distinguished in the work and the proposals on their normative consolidation are formulated. Attention is drawn to the peculiarity of determining the circle of subjects subject to restrictions on the receipt of gifts, and formulates proposals for the harmonization of the relevant provisions with the provisions of the anti-corruption legislation as a whole. The procedural aspect of adherence to restrictions on the receipt and handling of gifts by public servants is analyzed in detail, discussions are set out and concrete proposals are made for their improvement.
Authors and Affiliations
Т. О. КОЛОМОЄЦЬ, П. С. ЛЮТІКОВ
Keywords
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