THEORETICAL AND LEGAL ASPECTS OF COUNTERACTING MISUSE OF BUDGET FUNDS

Abstract

This article examines the theoretical and legal aspects of counteracting the misuse of budget funds. The authors describe the threats posed by the phenomenon of misuse of budget funds. The study uses official statistical data - reports of the Prosecutor General’s Office and the State Audit Service of Ukraine. The author substantiates the importance of the principle of targeted use of budget funds and describes its significance. The authors also analyze the essence of misuse of budgetary funds as an offense (from the budgetary and criminal law approaches). The key features and causes of this offense are identified.

The proposals of scholars to combat the misuse of budgetary funds are analyzed. The ways of preventing this offense are systematized, and the main provisions of each of them are considered. The importance of anti-corruption principles and policies in the context of preventing the misuse of budgetary funds is substantiated. It is suggested that efforts should be directed at implementing the national anti-corruption policy in the system of compliance with budget legislation.

The authors conclude that misuse of budgetary funds is a serious problem which negatively affects the development of the country, economic and social well-being of citizens, and public trust in the State authorities. To prevent misuse of budgetary funds, the authors suggest striking a balance between legal instruments (legal liability, tightening of legislation) and social instruments (cultural concept, implementation of a zero-tolerance policy towards corruption. The authors emphasize the importance of public control and interaction between society and the government in countering the misuse of budget funds. In addition, a number of measures to counteract the misuse of budget funds based on a combination of democracy and transparency are proposed.