This paper examines the problem of large capital influence on public policy. The main sources of corruption in modern societies are considered: clientelism and rent-seeking. It was identified and analyzed the problem of clientelism in developed democracy and in States with unstable institutional environment, including Ukraine. Clientelism involves such relationships, which are based on a mutually beneficial services exchange between persons of different status and power, the client is usually provided with protection in exchange for his loyalty and political support. The stability of client-patrimonial connections is profitable for both socially unequal sides: for patron, for them these links are the mechanisms of their influence, and for the clientage - a form of protection. In turn, the economic rent is received by advocacy groups through a monopoly on scarce resources or through access to an administrative resource (the ability of the government, local authorities to create artificial shortages, licensing mechanisms, import tariffs regulation, tax rate regulation, open bidding with "special" conditions, etc.). The problem of the rentier formation and functioning, both in developed democracies and in States with unstable institutional environment, in particular in Ukraine, is analyzed. The first approach, under the "rentier", is understood by persons who live on the basis of rent, that is, income derived from capital, usually in the form of bank deposits, securities, revenues from real estate, land, business, copyright, etc. According to this definition, there is no clear distribution between the rentier and the entrepreneur. The second approach, understands not the sources of income of individuals, but the way of their lives. At that, this way of life absolutely contrasts with the way of life of an entrepreneur. The main threats to society in connection with the functioning of clients and rent-seeking groups in societies like the Ukrainian one are identified.
The article analyzes corruption as an extra-legal phenomenon that destroys the morality and values of society, threatens democracy and human rights, deforms the functions of state power, discrediting it both within the country and in the international arena. It is noted that the formation of dysfunctions in the sphere of public administration is not the main socio-political danger of corruption.The threat of "corrosion" and gradual destruction of social ties in the system of state regulation, public control and the functioning of social institutions is creating. The sociological and legal interpretation of corruption made it possible to study it as a trigger that weakens statehood, to reveal the social mechanism of the influence of corruption ties on state institutions, to assess the political, economic, legal, socio-structural and psychological factors of its spread. The authors characterize foreign and domestic "models" of corruption and ways of counteracting it from the standpoint of the ontological approach; she also has identified social markers that reflect its specificity in Ukraine; a real assessment of the degree of effectiveness of anti-corruption actions in Ukraine are presented; the expediency of analyzing corruption in the international aspect, especially the mechanisms, forms and methods of Ukrainian corruption spreading in the world corruption services and the penetration of transnational corruption into the Ukrainian political and economic space; it is also revealed the effect of the social mechanism of corruption in the structure of the state, as a result of which the process of state regulation loses its morality and social value. It is shown that the stable, actively "mutating", adaptive to the majority of social changes, the nature of corruption in Ukraine does not only forms and reproduces the tolerant attitude of government and a significant part of the public, but it also actively inhibits democratic transformations and deforms the public consciousness of Ukrainians. It is emphasized that "salus populi" is the most pragmatic option among the systemic models of fighting corruption (totalitarian, authoritarian, liberal).
Using the example of the BSSR the article analyzes the historical background of corruption and abuse of power in modern society. Mistakes and shortcomings in the personnel policy of the party-state leadership of Soviet Belarus are shown. The failure of economic policy is stated to have been caused by a number of objective and subjective factors including imperfection of the personnel selection system, weakening of state and labor discipline, spread of drunkenness and alcoholism, theft of state and public property. It is noted that in the 1970-1980s the number of embezzlement and misappropriations, the facts of using one's official position for personal enrichment did not steadily decline but increased, which resulted in great material damage to the national economy. A feature of that period was the fact that the facts of organized and corrupt crime were revealed in the USSR and Belarus. The most notorious cases: the numeral facts of venality by the officials of housing-departments of the Minsk district executive committee (1970), larcenies and abuses in the consumer cooperation in BSSR, especially in Orsha, where the high-level heads of Vitebsk Regional executive committee and Orsha district executive committee as well as some other authority members were involved into official corruption (1973). The negative tendencies of abuse took place also among Party's and Soviet leaders: in Vitebsk Region during 1975-1980 more than 100 authority members were penalized for different cases of abuse; in 1981 138 heads were brought to responsibility. All these facts caused social tension in the society, disaffection of the population with the activities of the authorities, government and militia of the republic. As a result, the party-state leadership lost its authority, which along with economic problems and contention in society led to the collapse of the USSR. It is concluded that numerous facts of upward distortions and fraud bring into question the reliability of reporting figures on the implementation of plans and programs for the economic development of the BSSR, and numerous modern conflicts in countries that formed the USSR arose in the Soviet past.
У статті на основі комплексного системного аналізу українського і міжнародного законодавства у сфері фінансової, економічної, податкової політики, розглянуто перспективи впровадження цифрових технологій у податкову сферу, що дасть змогу вести ефективну боротьбу з тіньовою економікою. Адже тіньові економічні процеси є загрозою стабільності розвитку національної економіки, фінансової діяльності держави, знижують розмір бюджетних надходжень, перешкоджають синхронізованому та збалансованому розвитку всіх секторів економіки. Методологічною основою дослідження є діалектичний метод наукового пізнання соціальних і правових явищ в їх взаємозв'язку та взаємодії. Достовірність і обґрунтованість отриманих результатів досягається за рахунок застосування комплексу методів загальнонаукових та приватно-наукових. Серед загальнонаукових методів пізнання в основу дослідження закладені: системно-структурний, статистичний, історичний, аналіз, синтез, індукція, дедукція, абстрагування, спостереження та порівняння. З приватно-наукових методів – порівняльно-правовий, формально-юридичний, техніко-юридичний та контент-аналіз юридичних документів. Використання зазначених методів сприяло дослідженню податкового регулювання як інструменту боротьби з тіньовою економікою, з урахуванням співвідношення теоретичних та практичних проблем податкового права. Предметом дослідження є правові норми, що регулюють перспективи впровадження міжнародних цифрових технологій у сферу оподаткування України по боротьбі з тіньовою економікою. Проаналізовано перспективи цифровізації податкового адміністрування України на прикладі країн Європейського Союзу. Досліджено використання цифрових технологій у податковому адмініструванні як інструменту протидії тіньовій економіці. Проведено співвідношення між різними податковими стратегіями країн-членів ЄС. Узагальнено етапи удосконалення цифрового податкового середовища: моніторинг, розробка нових сервісів, створення стимулів для залучення платників податків у цифрову взаємодію, утримання платників податків у цифровому середовищі. Також обґрунтовано, що цифровізація передбачає вдосконалення податкової сфери, підвищення ефективності правозастосовної діяльності податкових органів, що сприяє виведенню коштів із тіньового обороту.
In the article, the author explores relevant issues of the formation and development of the Ukrainian criminal process over the 30 years of existence of the state of Ukraine since the proclamation of its independence. The main stages of the development of the criminal procedure are highlighted and analysed in detail, namely: the stage of its formation since Ukraine's independence proclamation in 1990-1991; the stage of development of the criminal procedure after Ukraine's accession to the Council of Europe and the adoption of the new Constitution of 1996; the stage of the criminal procedure development after the adoption of the new Criminal Procedure Code (CrPC) of Ukraine in 2012. The novelties of the CrPC of 2012 are comprehensively analysed. Firstly, the Code incorporated the relevant key provisions of the Constitution of Ukraine and international legal acts on human rights and justice. Secondly, it settled a number of issues that were important for criminal proceedings but were either unregulated or partially regulated by other laws or regulations. The article provides an analysis of the principle of access to justice enshrined in the CrPC of 2012, which provides for the right of participants in criminal proceedings who have a vested interest in the results of these proceedings (suspect, accused, victim), not only to obtain a fair trial but also to use broad procedural rights and to take an active part in criminal proceedings both during the pre-trial investigation and during the trial, contributing to the comprehensive, complete, and impartial establishment of the circumstances of the criminal proceedings and the adoption of a fair trial. The author also touches on the amendments to the CrPC of 2012, which are related to the military aggression of the Russian Federation against Ukraine and the impossibility of pre-trial investigation and trial in the areas of the anti-terrorist operation, as well as those related to the implementation of the UN Convention against Corruption, aimed at strengthening the fight against corruption crimes.
The article presents an analysis of the legal basis for implementing the law enforcement function of the state in the economic sphere, Ukraine's entry into the single European economic and political space. The importance of the law enforcement function of the state in the sphere of Ukraine's economy in the context of legal regulation, which is directly related to the sovereignty and protection of national interests, is analyzed. Legal regulation of the economy should be carried out in two priority areas: regulatory consolidation of acceptable mechanisms that develop as a result of natural economic laws; economic development to achieve the interests of the state and society in the context of European integration. The directions of improvement of legal regulation of the economic sphere of Ukraine are offered, namely: improvement of the normative-legal base of realization of the system of measures of financial safety maintenance; effective legal regulation of economic relations; compliance with the provisions adopted by the legislation of Ukraine in the field of prevention of corruption violations; ensuring fair competition, supporting entrepreneurship and others.
The purpose of this article is to examine potential trends in the development of the political system of Ukraine after the end of the Russia-Ukraine war. Social changes always take place taking into account both subjective and objective circumstances. Currently the Ukrainian state relies on three pillars for further transformation of political institutions: 1) the Ukrainian value-mental tradition, 2) our own experience of democratic development in recent decades, 3) the political will to embrace European values. The latter means that Ukraine voluntarily undertook the obligation to meet the Copenhagen criteria, including to demonstrate the stability of institutions guaranteeing democracy, rule of law, human rights and protection of minorities. In the political circles of Ukraine, there is a "plan to restart the state", which boils down to structural changes in the system of public administration. Ukraine needs qualitative changes in the system of political relations, it is necessary to eliminate the contradiction between the form and content of political institutions. Archaic practices, nepotism, eastern methods of holding power by suppressing the opposition, corruption in the state apparatus and purely criminal practices are hidden behind the modern facade. War not only destroys, but also gives impulses for development through the mobilization of the nation's forces. We have a chance to restart political institutions and consolidate new structures born of war. We must pay attention to the institution of national resistance, which, through the movement of territorial defense and the volunteer movement, led to a situation of social filtering. As a result, strata of people crystallized, for whom the public good is higher than selfish interests. It is important not to lose the energy of the masses after the war and to use the patriotic movement to build political institutions.
Actualization of development problem of lobbying institution in legal, political and socio-cultural areas is caused not only by practical need in political development of Ukraine, but also by consequence of a general political science theoretical development. This article analyses the study of a powerful resource of political power - groups of pressure in the current political coordinates of Ukraine. Lobbyism is interpreted as a phenomenon conditioned by the peculiarities of American political process and American legislation, but it is emphasized that special mechanisms and methods of pressure on political government by non-governmental structures is inherent in any democratic system of government. It has been found that the system of pressure by "interested groups" is actively forming and operating in Ukraine, however, lobbyism in our country has not received proper coverage and legal regulation. The purpose of lobbying is to consolidate pressure groups' interests or third parties' interests in decisions management. It is noted that the methods of lobbyism that contain unlawful actions in spite of external decency (for example, corruption component) are used quite widely. The emphasis is made on the fact that most political decisions are not formed on the level of open official rule, but in the hidden process of rivalry, adaptation and regulation among numerous interested groups. Obviously, political leadership in Ukraine is largely controlled by large business structures. Currently in Ukraine there is awareness about a need in institutionalization of lobbyism as part of political and democratic process, which, under conditions of legally regulated use, can contribute to the formation of a promising strategy for the development of Ukrainian state. It is concluded that dynamics of political space development in Ukraine depend on the constructive interaction between state institutions and pressure groups.
The article examines the peculiarities of law and legal security in modern Ukrainian realities. It is determined that law is a mechanism which, through the application of legal norms of which it is a part, should ensure the effective functioning of democracy and democracy in the state and the functioning and further development of the social system. It is established that the Ukrainian legal system is undergoing a reconstruction phase, in which administrative and legal mechanisms are being transformed into mechanisms of self-regulation and self-organisation. The author establishes that essential factors of law stability are correct definition and certainty of each element, completeness and absence of contradictions. It is established that the basis of the concept of legal security is the conditions, sources, methods and mechanisms of negative impact (falsification of legal provisions, conflicts of provisions, legal gaps, inadequate implementation procedures, neglect of the effect of provisions, substitution of concepts, corruption, etc. The author determines that legal security is a component of national security. Its content consists of the implementation of national interests in all areas of national security, protection of national interests in the security sector, as well as legal regulation of legal relations and legal protection of the creation of state and non-state institutions with the necessary and sufficient conditions for the effective functioning of law and legal order as a crucial regulator of social relations. It is noted that legal security is one of the constant needs caused by the natural conditions of life of a person, society and mankind. It should also be considered a universal human value designed to ensure a person's existence as a public good. The author identifies the factors that significantly impact the institutionalisation process of an individual's legal security.
The article examines Putinism as the main conflict-causing factor in the life of the modern Ukrainian community and state. The author analyzed the necessary methods and measures to combat this threat to the existence of an independent Ukrainian state and an independent nation. Based on the study of the latest domestic and foreign analytics and scientific works, the most effective ways of opposing the Putin regime of the Kremlin's newest empire have been identified. It is noted that modern world scientific and popular science analytics is actively engaged in the problems of Putinism, including issues of combating this dangerous phenomenon for the world. The logical conclusions that emerge from these studies are the need for a practical transformation of the "outdated" model of statehood that Putin's Russia is today. Modern Ukraine is a real front in the fight against Putinism, so it should first of all take care of the strategic and tactical directions of the fight against a dangerous enemy. The author emphasizes the need to consolidate the Ukrainian nation around common values: independence, autonomy, freedom, European choice. The article concludes that the joint work of the whole nation to create a civilized, successful country in the political, economic, cultural dimension is needed. In the mass consciousness of Ukrainians, a decisive and unequivocal focus on victory in the war with the Russian aggressor must prevail. Ukraine needs to carry out constant serious analytical and scientific work to study Putinism as a phenomenon. Of great importance for the fight against Putinism is the active defense of the rightness of one's own position in the internal and external arena; struggle against capitulatory sentiments in the middle of Ukrainian society; educating young people in the spirit of Ukrainian effective patriotism; fight against internal problems-threats: corruption, betrayal, irresponsibility of elites, etc.
This article is devoted to the research on the concept and features of the advocate's wrongful cooperation with law-enforcement bodies and the circumstances that influence the severity of a disciplinary penalty in the result of such cooperation. A list of certain features is given to distinguish the lawful cooperation of an advocate with law-enforcement bodies from the wrongful one, which leads to bringing the advocate to the disciplinary responsibility. The author ascertains the forms in which the wrongful cooperation of an advocate and law-enforcement bodies may occur. The article determines that law-enforcement bodies often use the information that an advocate possesses due to his/her special professional status in order to perform their functions. Besides, the article examines the possibility for an advocate to be a whistleblower under the Law of Ukraine on Prevention of Corruption. The article also analyzes the decision of the Supreme Court in the administrative case where the decision of the Higher Qualification and Disciplinary Bar Commission (HQDB) on bringing the advocate to the disciplinary responsibility and imposing a disciplinary penalty of depriving him the right to advocacy for a wrongful cooperation with law-enforcement bodies is appealed. In this research the attention is paid to the wrongdoer's arguments and the corresponding legal position of the Supreme Court which, having used the acts of the national legislation, determined advocate's actions to be illegal and denied the claimant's demands. The author defines the category of a "wrongful cooperation of an advocate with law-enforcement bodies", determines its features, and suggests the ways for improving the effectiveness of bringing wrongdoers to the disciplinary responsibility in case of such cooperation. Keywords: a disciplinary offence, a disciplinary penalty, a confidant, a whistleblower, secret investigatory (inquiry) operations, tracking measures.
The article discusses contradictions and conflicts at work on the industrial enterprises of the BSSR, including strikes, in the second half of the 1950s and in 1960s. The main reasons for the conflict were the facts of corruption, lower salaries, changes in working conditions, and the inefficient enterprise and management system. There were a lot of facts of abuse by the authorities of their service ranks by distribution of bonuses, financial aids, passports to sanatoria, apartments and so on. Although these questions were under control of party's and trade union's committees, the effectiveness of their work was low. The bureaucratic system of supervision and management has shown its inconsistency of practical implementation of promised social justice standards. In the face of weakening repressive legislation workers increasingly decided for various forms of protest and even for escalation of conflicts. An analysis of archival materials revealed 62 facts of refusal to work at industrial enterprises of the BSSR only during the period from 1956 till 1965. Struggle of workers for their rights including strikes of workers created no danger for the political regime, but became a factor which increased the attentiveness of party's and economic authorities to the situation in industry. Administrative and organizational attempts to stop the rot in giving bonuses to the heads, engineers, technical personal as well as office workers were done. Party's and economic governing bodies tried to avoid publicity in considering of conflict situations. Under the dominance of the command and administrative system, the management bodies were not ready for partnership relations with employees. They perceived conflicts in a socialist society as an accidents and used tactics of organizational and psychological pressure in conflict situations and demanded unilateral concessions from workers. In essence, this tactic was selfdeception and, in a strategic plan, did not lead to conflicts' resolutions.
The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.
In: Ukrai͏̈nsʹkyj sociolohičnyj žurnal: naukove ta informacijne vydannja, Heft 22
ISSN: 2079-1771
The article provides a comparative review of the history, current status and areas of scientific activity of the Sociological Association of Ukraine (SAU), its creative ties with the European and world sociological community, in particular, joint research with Polish scientists. It emphasizes that most of the Ukrainian sociologists SAU members work in universities, the Institute of Sociology of the National Academy of Sciences of Ukraine, and public opinion research centers. Numerous sociological (theoretical and empirical) studies on various issues of vital activity of modern Ukrainian society are carried out by their efforts. It is noted that in addition to studying the issues of social transformation in its political, economic, legal, social and cultural aspects, that have become traditional for Ukrainian sociology, in recent years Ukrainian sociologists have turned to the analysis of such problems as external and internal migration (the problem of internally displaced persons); military conflict in the east of Ukraine and the volunteer movement; social inequality, including in its new manifestations, including those caused by the digitalization of public life. It is emphasized that today the most pressing issue of sociological reflection is the changes that occur in Ukraine after the last presidential election. Attention is focused on the fact that the victory of the political rookie in these elections was due to the huge social disappointments of the Ukrainians, since their expectations provoked by the Revolution of Dignity were not fulfilled. The first and most important disappointment, according to sociological studies, is the fact that peace has not reigned in the country. Second, the living standards of Ukrainian citizens have not improved. Third, the fight against corruption did not bring significant results. Fourth, social inequality deepened: the rich became richer, and the poor became poorer. The fifth disappointment is the inefficiency of the declared reforms: judicial, medical, educational, customs, electoral, etc. It is emphasized that the effectiveness of the new government depends, among other things, on its consideration of such features of the mass consciousness of the Ukrainian population as a critical level of distrust of all institutions of power; value and ideological ambivalence and uncertainty. The conclusions are formulated about the unlikeliness of return of Ukraine to the orbit of Russian political and economic influence, as well as the victory of radical nationalist ideology in our country.
The article is devoted to the study of the biggest challenges, threats and dangers for modern Ukrainianness. The issue of challenges, threats and dangers facing Ukraine and Ukrainianness since 1991 is very relevant today. Scientists who work in the field of crisisology distinguish the concepts of «challenges», «threats», «dangers», «crises», «risks», «catastrophes», «collapse», «wreck», etc. The theoretical and methodological basis of our study is a combination of scientific potential of crisisology, conflictology and Ukrainian studies. Crisisology, conflictology and Ukrainian studies face the task of transdisciplinary understanding of the essence and severity of these challenges, threats and dangers, which are relevant in many areas such as military-defense, geopolitical, demographic, state-building, spiritual worldview, ecological, economics, energy, information, cultural and artistic, linguistic, moral and ethical, scientific, nation-building, educational, political and legal, social, territorial, technological, financial, etc. To these are added threats and dangers: 1) large-scale war with Russia; 2) total spread of COVID-19 in Ukraine; 3) the implementation of a new geostrategic course in Russia (called «geopolitical revenge»); 4) spreading the ideology of the «Russian world», intensifying new attempts by the Russian Federation to dismember Ukraine, supporting separatization and federalization of Ukraine; 5) possible escalation of the Russian-Ukrainian and Armenian-Azerbaijani conflicts, which could lead to a new global confrontation and even a world war; 6) ineffective fight against corruption in Ukraine; 7) the lack of a proper response from the authorities to the need to immediately end Russia's information and psychological war against Ukraine; 8) destruction of small and medium business and further financial and economic stratification of Ukrainian society; 9) procrastination with the solution of the poverty problem (in conditions when about 60% of Ukrainians are below the poverty line); 10) possible man-made disasters in Ukraine; 11) possible transformation of Ukraine from a subject into an object of international relations; 12) possible rejection of European integration; 13) discrediting the Orange Revolution and the Revolution of Dignity, in order to spread Russian narratives about the coup in Ukraine; 14) intensification of interfaith conflicts in Ukraine; 15) inadequate decision-making by incompetent authorities (threat of economic decline and large-scale financial crisis in Ukraine, possible change in Ukraine's vector of development, threat of capitulation, refusal of the authorities to resolve the «Ukrainian crisis» (which began after Russia's aggression and has become a factor influencing the security of Europe and the world) from the standpoint of Ukraine as a subject, not an object); 16) refusal to solve the problems of internally displaced persons; 17) possible «freezing» of the Russian-Ukrainian armed conflict in order to further destabilize Ukraine; 18) strengthening of geopolitical and geoeconomic instability, intensification of intercivilizational and geopolitical confrontation in the world; 19) possible decline of democracy and rise of authoritarianism in Ukraine; 20) expansion of the border with Russia (in case of its absorption of Belarus); 21) possible disintegration of Ukrainian society and world Ukrainiannes; 22) further violation of international law by the Russian Federation; 23) exacerbation of the economic and migration crisis in Europe; 24) radicalization of part of the Islamic world; 25) due to the collapse of the USSR. The challenges, threats and dangers facing Ukrainians can unfold at the global, continental and national levels. Ukrainians must find adequate answers to modern challenges and mechanisms to minimize threats and dangers; ensure stable economic growth; to create a powerful system of national security, army and defense-industrial complex; find ways to ensure national interests in the current crisis; to develop optimal models for resolving the Russian-Ukrainian armed conflict, reintegrating the population of the occupied territories and restoring the territorial integrity of Ukraine.