The essence of the legal principles of interaction of the State Bureau of Investigation of Ukraine with other subjects of combating corruption in Ukraine

Abstract

The article reveals the essence of the legal principles of interaction between the State Bureau of Investigation and other entities involved in the fight against corruption in Ukraine. It is emphasised that the effectiveness of these entities in the fight against corruption largely depends on the clear definition and formalisation of the rules governing their cooperation and that these rules must be sanctioned by the state. The article highlights that legal principles serve as the basis for ensuring unity and systemic legal regulation, contribute to stability in the state, and also determine guidelines for law-making, law enforcement and judicial activities. Methodology. The scientific research is based on both general and special methods of scientific knowledge. In particular, the formal-legal method and analytical methods were used in the process of analysing the approaches of various researchers to determine the essence of legal principles. Structural-logical and system-functional methods were used to identify the most important aspects of the studied system of legal principles related to the consistency of joint actions of the State Bureau of Investigation with other subjects of combating corruption. Results. An overview of modern scientific research on this issue is provided. In particular, it is noted that, despite a number of developments in the field of interaction between law enforcement agencies, the essence of the legal principles of cooperation between the State Bureau of Investigation and other authorised entities in the field of combating corruption remains insufficiently studied. The article analyses the approaches of various scholars to the definition of the category of “legal principles”, paying attention to both a narrow view (a set of regulatory and legal acts) and a broader perspective (including principles, institutional and other elements) of this concept. It is noted that the concept of “principle” is broader than “principle”, since it covers not only rules but also ideological foundations, initial provisions and general approaches to regulating relevant social relations. The opinions of scholars are given, who argue that legal principles can cover categorical, regulatory, institutional and instrumental-technological aspects of the functioning of the relevant sphere. At the same time, it is noted that the most common approach in legal science is to interpret legal principles precisely as a system of regulatory and legal foundations that determine the parameters of social relations in a certain field. Examples of defining legal principles in various areas are considered, in particular in the areas of information openness and communicative interaction of state authorities, which allows drawing parallels and distinguishing the features of the functioning of legal principles in the field of combating corruption. The author offers an original interpretation of the essence of the legal principles of interaction between the State Bureau of Investigation and other entities fighting corruption in Ukraine.  

References

  1. Dyatko O.V. Legal principles of combating corruption in the field of taxation and the place of administrative legal norms among them. Bulletin of the Criminological Association of Ukraine. 2023. No. 3 (30). Pp. 521–530.
  2. Dymydyuk K.D. Administrative and legal principles of implementing state policy in the field of entrepreneurial activity in Ukraine: thesis … candidate of law: special 12.00.07. Kharkiv, 2023. 216 p.
  3. Bondarenko O.M. Theory and practice of resolving tax disputes: conceptual principles: thesis … doctor of law: special 12.00.07. – Kyiv, 2020. 449 p.
  4. Pchelin V.B. The essence of regulatory and legal regulation of the organisation of administrative justice in Ukraine. Scientific Bulletin of Public and Private Law. 2017. Issue 6. Vol. 2. Pp. 106–109.
  5. Pchelin, V.B. Organisation of administrative justice in Ukraine: legal principles: monograph / V.B. Pchelin. Kharkiv: U spravy, 2017. 488 p.
  6. Krykun V.V. Administrative and legal mechanism for protecting critical infrastructure facilities: thesis … Doctor of Laws: special. 12.00.07. Kharkiv, 2021. 451 p.
  7. Prylypko S.M. Regulatory and legal principles of information openness and communication interaction of public authorities with the public. State Administration. 2020. No. 4 (6). Pp. 232–251.
  8. Mazepa M.M. Administrative and legal principles of law enforcement activities of the State Security Service under the Ministry of Internal Affairs of Ukraine: thesis … candidate of law: special 12.00.07. Kharkiv, 2012. 263 p.
  9. Polyansky A.O. Administrative and legal principles of interaction of forensic institutions with law enforcement agencies: thesis … doctor of law: special 12.00.07. Sumy, 2021. 406 p.
  10. Panova N.S. Administrative and legal principles of the development of public administration in modern Ukraine: thesis … candidate of law: specialty 12.00.07. Odesa, 2008. 220 p.
  11. Nevyadovsky V.O. Administrative and legal principles of control over the quality of higher education in Ukraine: thesis … doctor of law: special 12.00.07. Sumy, 2021. 403 p.
  12. Mykhaylovska E.V., Skoryk A.D. Protocols on administrative offences: legal force of the document and errors in registration. Prykarpattya legal bulletin. 2022. Issue 4 (45). Pp. 87–92.
  13. Legal encyclopedia: in 6 vols. / Ed.: Yu. S. Shemshuchenko (head of editorial board) and others. Kyiv: Ukr. encyclo., 1998. Vol. 6: T-Ya. 2004. 768 p.
  14. Great explanatory dictionary of the modern Ukrainian language (with add., add. and CD) / [compiled and chief ed. V. T. Busel.] Kyiv; Irpin: VTF “Perun”, 2009. 1736 p.
  15. Navrotska V.V. The principle of dispositivity and its implementation in the criminal process of Ukraine: thesis … candidate of legal sciences: special. 12.00.09. Lviv, 2007. 256 p.