Historical and Legal Features of Criminological Analysis of Corruption Prevention in Ukraine

Abstract

The article emphasizes that corruption in Ukraine is the number one problem in the entire history of the formation and functioning of the Ukrainian statehood. The winged expression of the historian Karamzin, said two hundred years ago, reflecting the essence of the Ukrainian state in one phrase “Steal”, is still relevant today. The main problem of corruption in Ukraine lies in the fact that the laws themselves create a space for corruption due to the ambiguity of their interpretation and wording. Traditionally, after the adoption of any program, concept, law in the field of combating corruption, there is additional formal support in the form of mandatory publication in the media, and the most interesting thing in each structure is the creation of public councils involved not in the performance of the functions assigned to them, but historical features testify and prove that any action aimed at combating corruption has the opposite result. Today there is no common understanding regarding the prevention of this phenomenon, because it is necessary to start with a change in the psychology of people, from the moral and political climate in a society that does not see or does not trust the state organizations that exist today. Thanks to this, a public opinion has formed that the government itself is corrupt at all levels, and in order for a change in people's minds to occur, it is necessary to show the inevitability of punishment. Only after that there will be a truly intolerant attitude towards corruption in society, when the government itself will increase its responsibility to society, when the judiciary will be completely independent of the government and there will be a certain impetus in preventing corruption.

It is noted that the modern feature of corruption is expressed in the client-corporate form of relations between Ukrainian officials, based on devotion and patronage and, in fact, a vivid continuation of nomenclature corruption. A feature of the client-corporate model of Ukrainian reality is that the constant search for a philanthropist has any political and economic leverage that can be used in one or another corruption scheme. The prevailing mass consciousness of Ukrainian society today is a terrible sight due to the fact that not a single vital issue can be resolved in practice without the provision of paid services. All this leads to the stagnation of the public and political life of the state due to the corruption component. Conceptual analysis of different types of formation of the Ukrainian state allows us to identify the patterns of its development. One of which is the corruption essence of the development of Ukrainian statehood.

As for the modern Ukrainian format for preventing corruption, the main document today, of course, is the Constitution of Ukraine, which acts as the highest legal act in Ukraine. Legal norms are enshrined in the Constitution of Ukraine, which states that the Constitution of Ukraine has the highest legal force, direct effect and is applied throughout the territory of Ukraine. Laws and other normative legal acts adopted in Ukraine must not contradict the Constitution of Ukraine.

It is concluded that the fight against corruption should have a systemic form, where the main principles of the fight against corruption should be the rule of law and openness of power. Most importantly, criminal offenses of a corrupt nature in most cases go unpunished against those who committed them.