Criminal Law Means for Counteraction to Corruption in Ukraine and Poland
Similar and Distinctive Features
Copyright (c) 2023 Franchuk Vasyl
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
During the scientific research of any criminal-legal phenomenon or process, it is considered necessary to conduct an analysis of the origin of this phenomenon in a foreign country. This provides an opportunity not only to grasp the essence and understand the content of the subject of research, but also to develop effective countermeasures and borrow foreign experience. This becomes especially important in matters of combating corruption, when the criminal acts of officials reach not only domestic, but also international scales.
Scientists’ positions, as well as the provisions of the current legislation in Ukraine and the Republic of Poland concerning the definition of the criminal law provisions for liability for corruption offenses are being researched, which is made on the relevant differences regarding the legislative enactment of the concept of “corruption” and its definition in the criminal law theory. Accordingly, a comparative approach to the methods of legislative consolidation of anti-corruption provides an opportunity to understand the social conditioning of the emergence of this phenomenon.
Taking into account the integration processes in all spheres of life activity of society, the difference in the method of normative consolidation of actions forming such a phenomenon as corruption was revealed. This, in turn, not only indicates different forms of legislative fixation of the concept of the phenomenon, but also causes difficulties in the exchange of law enforcement practice, which causes a number of problems for both the relevant law enforcement agencies and ordinary citizens. A clear division and distinction between provisions on liability for corruption and corruption-related offenses was revealed.
Taking into account the position of the domestic criminal law doctrine, the analysis of the current Polish legislation provided an opportunity to formulate real options for borrowing foreign experience to solve the specified problems.
Act on Amending the Penal Code and other legislative acts of 13 June 2003. Online: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20031111061
Act on the Central Anti-Corruption Bureau of 9 June 2006. Online: https://www.fao.org/faolex/results/details/en/c/LEX-FAOC202608
Act on the Reimbursement of Medicines, Foodstuffs for Particular Nutritional Uses and Medical Devices of 12 May 2011. Online: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu20111220696
Act on the Prevention of Corruption of Ukraine of 14 October 2014 (editorial from 10/26/2022). Online: https://zakon.rada.gov.ua/laws/show/1700-18#Text
Chemerys, Ivan (2009): Foreign Experience of Combating Corruption in the Public Administration System. Strategic Priorities, 3(12), 110–118.
Criminal Code of Ukraine – of 05 April 2001 (editorial from 10/26/2022). Online: https://zakon.rada.gov.ua/laws/show/2341-14#n2583
Dobrowolski, Zbyslaw (2006): Analysis of Legal Regulations in the Aspect of Counteracting Corruption in Public Life. Studia Lubuskie, 2, 203–222.
Iyer, Nigel – Samociuk, Marcin (2007): Fraud and Corruption. Prevention and Detection. Warsaw.
Kharchenko, Vadym (2020): Criminal Law of Ukraine. General part. Kharkiv: Kharkiv National University of Internal Affairs.
Kobylinska, Aleksandra – Makowski, Grzegorz (2012): Mechanisms of Counteracting Corruption in Poland. Warsaw.
Kojder, Andrzej (2002): Corruption and Moral Sense of Poles. The Moral Condition of Polish Society. Cracow: WAM Publishing House.
Konopelskyi, Viktor – Merkulova, Valentyna (2021): Criminal Law of Ukraine. General part: Manual. Odesa: OSUIA.
Kubiak, Anna (2003): Public Opinion and Entrepreneurs on Corruption. Warsaw.
Lewicka-Strzałecka, Anna (2007): Corruption and Trust. Annales. Ethics in Economic Life, 10(1), 211–219.
Ploskonka, Jozef (2003): Corruption – Threats and Methods of Combating It. Empirical Research on the Level of Corruption. Służba Cywilna, 6, 112–129.
Stawnicka, Jadwiga (2013): Corruption as a Social Pathology. Multidimensionality of Preventive Actions. Prevention in Public Space, 1.
Szwejkowski, Lukasz (2013): Corruption. Selected Issues. Legionowo: Police Training Center. The Pharmaceutical Act of 6 September 2001. Online: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20011261381/U/D20011381Lj.pdf