Some means of protection of the criminal justice system from corruption risks

Authors

  • Oleksandr Zhytnyi

DOI:

https://doi.org/10.15330/apiclu.66.1.73-1.82

Keywords:

criminal justice authorities; participants to criminal proceedings; criminal policy; corruption; corruption and corruption-related offenses; prevention of criminal offenses; criminal proceedings

Abstract

The article is devoted to the problems of overcoming the conditions for the emergence of corruption in the activities of the national criminal justice system. The author emphasizes the importance of organizing its formation and functioning in such a way as to exclude the emergence of a conflict of interest, the possibility of unlawful external interference in the activities of authorized persons of criminal justice, the desire to act outside the requirements of the law in private interests, and to prevent off-duty influence on their decisions, actions or inaction (abstention from actions). The author reviews certain components of the mechanism of formation and functioning of criminal justice bodies in Ukraine and their authorized persons aimed at eliminating such corruption-prone factors as favoritism, nepotism, cronyism. The author considers the possibilities of using such a procedural tool as recusal of a participant in criminal proceedings for this purpose. The author also analyzes the anti-corruption potential of employment in the prosecution authorities using the selection procedure conducted by an independent body - the Qualification and Disciplinary Commission of Prosecutors.

Published

2024-12-01

Issue

Section

Public law. Policy in the field of fighting crime