Criminological examination of law acts and their drafts in the system of measures to combat corruption crime in the security and defense sector of Ukraine

Abstract

The article is devoted to the study of the essence, purpose of criminological examination of regulatory legal acts and their drafts as a tool for combating corruption crime in the security and defense sector of Ukraine. A narrow and broad understanding of the specified examination is proposed. It is established that criminological examination as such is broader in subject matter, functions, objectives, and applied significance than anti-corruption. The latter is one of the types of criminological. The position is substantiated, according to which regulatory legal acts and their drafts, which regulate social relations both directly in the sphere of activity of entities of the security and defense sector of Ukraine, and of entities related to it (for example, medical and social expert commissions, which are built into the mechanism for implementing mobilization measures and affect the personnel potential of the Armed Forces of Ukraine) should be subjected to both anti-corruption and criminological examination.

The main tasks of criminological examination of regulatory legal acts and their drafts as a means of combating corruption crime in the security and defense sector of Ukraine are identified, which include: identifying defects in the legal regulation of control mechanisms for the implementation of the powers of security and defense sector entities; identifying regulatory prerequisites for committing corruption criminal offenses using discretionary powers; identifying shortcomings (poorly defined concepts, contradictions, duplication of powers, discretionary provisions) in regulating the implementation of control and supervisory procedures, receipt, registration, circulation, write-off of property in the field of activity of security and defense sector entities of Ukraine; identifying discrepancies between the real needs of legal entities and the existing legal mechanisms for their satisfaction and implementation, which determines the request for the existence of compensatory corruption practices; identification and neutralization of legal corruption factors in the mechanisms of defense procurement, in particular through non-tender procedures, as well as at the stages of placement, execution and acceptance of the results of the defense order for repair and restoration work on military equipment and weapons systems.