Open Access BASE2020

Unsystemicity of Anti-corruption Subjectivity of Patron Officials: "Public Principles" and Other Quasinovations

Abstract

The article is devoted to the theoretical and positive legal bases of inclusion of patronage employees in the circle of persons covered by the anti-corruption legislation. The problematic aspects of the introduction of the criterion of "public principles" as a basis for leveling the anti-corruption subjectivity are singled out and characterized: its contextual insignificance (lack of significance for the purposes of thematic regulation); the property of gratis volunteer service conditions for many functionaries and quasi-functionaries directly enshrined in the thematic subjectivity of functionaries and quasi-functionaries; the likelihood (albeit ideological unfoundedness) of manipulative references to the public nature of the service in some jurisdictional proceedings. The incoherence and selectivity of the legislative qualification of patronage officials as persons covered by the Law "On the Prevention of Corruption" are criticized, in particular: a) the period of privileged position of parliamentary "patrons", which had no substantive motivation, is predictably had over, left unnecessary (meaningless, dead) wording-exceptions in a number of regulations; b) The period of burdened position of presidential and court patronage officials (in context of general loyalty to other service agents), which is also not meaningfully harmonious. The integrity of the coverage by the sectoral legislation of public quasi-functionaries (in competitive or disciplinary commissions) was positively assessed. The absence of anticorruption subjectivity entity of the judge assistants of the CCU has been proved, validity and longevity of which has been questioned. It has been established that municipal patronage officials: face and had faced anti-corruption regulation (within the concept of "local government officials"), categorially separated from other "patrons", actualize the more general problematique of systematic of public service.

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