The Genesis of the Establishment of the Legal Mechanism to Fight Corruption in the EU (Problem Statement)

Abstract

Problem setting. In the modern world, the phenomenon of “corruption” has acquired an international character, which determines the need for a systematic and extensive approach to the cooperation of states in the field of combating this phenomenon. Therefore, defining a complex of means, primarily legal, as a set of measures and ways of identifying, overcoming and neutralizing this phenomenon is an urgent task. Analysis of recent researches and publications. The issue of the functioning of the legal mechanism for combating corruption in the EU has not been studied in modern legal science. Purpose of the research is to analyze the state of doctrinal and legal support for the functioning of the legal mechanism (system) for combating corruption in the EU in the context of the adaptation of Ukrainian legislation to the requirements of EU law. Article’s main body. The main approaches to the definition of the concept of “corruption” in the legislation of European countries, the means and measures to prevent this phenomenon, as well as the effectiveness of the implementation of European legislation in Ukrainian have been studied in the research. The activities of the international, national, and supranational organizations whose functions include the prevention of corruption were discussed in the article. The main corruption factors and risks facing the legislator have been analyzed. It has been found that not all normative legal acts in the field of combating corruption are mandatory. A significant problem is the contradiction in the definitions, as well as the ways of overcoming corruption in different countries of the European Union. The range of main corruption factors of the EU countries has been adduced. Proposals for the prevention of corruption at the international level have been developed, as well as the results of international cooperation for the improvement of international institutions in the field of combating corruption. The experience of Ukraine in the field of anti-corruption has been studied. The process of adaptation of Ukrainian legislation to the EU legal system has been analyzed. The exceptional importance of the practical options for the implementation of those scientific research solutions in the field of combating and preventing corruption, which in the future can serve as the basis for the modernization of Ukrainian legislation in this area and assistance in the effective fulfillment of obligations under the Ukraine-EU Agreement, was justified. The necessity of forming a fundamentally new, modern Anti-corruption strategy of Ukraine was substantiated. Conclusions and prospects for the development. The adaptation of Ukrainian legislation to the EU legislation takes place simultaneously with the legal reform in Ukraine. The current legislation of Ukraine is contradictory, unstable, and therefore imperfect, but the EU attaches particular importance to the quality of normative legal acts. Activities for the further reform and implementation of modern anti-corruption legislation of Ukraine should be directed not only to the development of such legislation, which would correspond in form and content to international standards in the field of prevention and counteraction of corruption, but also to the establishment of practical international cooperation, which will contribute to the harmonization of the domestic legal system with provisions of EU law.