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The Ukrainian System of Anticorruption Regulation for Constitutional Public Officials

Student: Mashanov Grigorii

Supervisor: Elena A. Lukyanova

Faculty: Faculty of Law

Educational Programme: Public Law (Master)

Year of Graduation: 2020

The Russian constitutional law science still shows a rather low interest in the topic of combating corruption. Meanwhile, the influence of the constitutional foundations in preventing corruption, combating it and eliminating its consequences is significant. Constitutional provisions determine not only how far public authority can go in restricting the freedoms of public officials, but also how much the organization of a system of checks and balances in itself can effectively prevent corruption offenses. The author considers this influence on the example of Ukraine, which has carried out deep anti-corruption reforms from 2014 to 2020, including the level of constitutional law. The study was aimed at studying what anti-corruption requirements, prohibitions and restrictions (measures) are imposed on public officials who are subjects of constitutional law - constitutional public officials. The first chapter examined the constitutional foundations and regulatory framework of anti-corruption declaration institutions; prevention and settlement of conflicts of interests; prohibitions on combination of posts, occupation by a certain job and restrictions after dismissal from a post ('revolving doors'); professional ethics issues; special verification of applicants for positions; and the basics of regulating lustration procedures and protecting complainants about corruption. Special attention is paid to the anti-corruption provisions of the Constitution of Ukraine. The second chapter explores law enforcement practices on these topics. It is concluded that the most effective and efficient are anti-corruption institutions, enshrined at the level of the Constitution of Ukraine, and driven by participants in the country's competitive political field. At the same time, almost all other institutions, although they have good legal regulation, experience enormous difficulties in their practical implementation, including due to the weakness of the Ukrainian state apparatus. Considering this, recommendations are given for transferring certain Ukrainian anti-corruption institutions to the Russian legal regulation, and a draft Law of the Russian Federation on amending the Constitution of the Russian Federation is proposed with the aim of strengthening the institutional framework for combating corruption.

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