PROBLEM ISSUES REGARDING THE APPLICATION OF THE CONCEPT OF «GIFT» IN ANTI-CORRUPTION LEGISLATION

Abstract

The article deals with problematic issues related to the application of the concept of «gift» in anti-corruption legislation One of the main factors that can influence the overcoming of corruption is the attitude of the population to this problem. Among all civil servants and the population of Ukraine, the rejection of corruption as an everyday phenomenon should be formed and society should realize that everyone's participation in anti-corruption measures will contribute to a positive movement in the fight against corruption. However, the reason for the existence of corruption cannot be reduced only to the bureaucratic actions of state officials. Private individuals and entrepreneurs also stimulate the existence of corruption by bribing officials in order to obtain individual privileges and competitive advantages, because the institutional dependence of enterprises on state officials in economic activity in Ukraine is still very high. One of the types of corruption is receiving illegal benefits and gifts. The Law of Ukraine «On Prevention of Corruption» gives us an interpretation of these phenomena. But as for the gift, its concept at first glance does not cause doubts, but in practical activity it leaves behind many difficulties. After all, not a single regulatory act has legislated the concept of «a gift that corresponds to the generally accepted idea of hospitality.» This concept can be interpreted taking into account the general principles of the activity of civil servants or officials of local self-government, the situation of giving, the reason for which the gift is given, national traditions and requirements for a certain event, the establishment of certain rules regarding diplomatic protocol, etiquette and a number of other factors. However, despite the attempts of scientists to explain this phenomenon, the concept of «hospitality» does not have a legal form. And it can lead to the abuse of the right, and therefore indicates the corruptibility of the legislative construction of the permitted gift. Many questions arise after the adoption by the Verkhovna Rada of Ukraine on July 8, 2022 of the Law «On Amendments to the Law of Ukraine «On Prevention of Corruption» regarding the peculiarities of the application of legislation in the field of prevention of corruption under martial law». Having examined this law in detail, we believe that the legislator opened up a wide opportunity for corruption offenses. Illegal enrichment is the most dangerous form of corruption, and is no longer a negative factor in the activities of officials and officials, but on the contrary, it is an opportunity to «pay for services», speed up and facilitate the way to resolve issues.