THE LAW OF UKRAINE ON CORRUPTION 2011

the law on corruption 2011AT the continued development of the topic of combating corruption in Ukraine and heightened interest in the topic by the specialists of the Bureau for criminal law and procedure decided to announce some vital and the key to the questions is basically this problem. So, to change anything in connection with the adoption of the new legislation?

The answer is ambiguous, maybe Yes and maybe no and significantly. Because, actually, the problem lies not in the law itself, and desire its execution, in will at it in the first place the leadership and management of law enforcement agencies, special units for combating corruption. If the President of Ukraine will give a clear indication to eradicate corruption and it will be understood correctly in GPU, the Ministry of internal Affairs and SBU, then everything can really change. So through time, we can conclude: if no changes happens, he just doesn't want or can't influence their subordinates (taking into account the present of his powers - unlikely). Criminal liability for obtaining and bribery existed before, to increase responsibility for the crimes of a few can change things for the better, as some officials can really feel the fear of responsibility. However, it will be a small percentage of corrupt officials, if not increase the number of persons involved who will be appointed a real deprivation of liberty for a definite term for corruption. Will increase if the number involved for taking bribes? Most likely Yes, but not by much.

The reason for this can be quantitative indicators of special forces the cdoc BIE and HUBCAP SBU that they will not significantly increase due to the need to further support such indicators monthly, quarterly and annually. Why work more? We can predict that in the next 6 months in the media are reports about high profile cases on corruption, but significantly, the situation may not change. The situation can change the newly created Department for combating corruption, because they are indicators will have to develop from scratch. To change anything for ordinary citizens? More likely Yes than no. From now on (at least in the next year) to give a bribe directly will be harder and much more dangerous, though for both sides. Those who are accustomed to do in everyday life to quickly and not quite legal to solve his problem, or will have to strictly follow the law (use the services of lawyers and specialists), or turn to "close" the intermediaries who will be able to achieve a positive result in return for payment. This increases the cost of the procedure for obtaining permits, licenses and other positive results. The situation may partly change the distancing of the citizen and the entrepreneur from the bureaucrat, restriction of personal communication, acceptance procedures "tacit consent", when it is enough only to collect the documents and send them to the right body, with the lack of response in a specified period is equated to obtaining permission or license (but such changes in legislation is still unfortunately not included).

Will the officials to take fewer bribes? Given the limited number of persons who will be able to present them, the first time - Yes. And this is a positive trend of changes in legislation. But without the political will of the country's hard on the eradication of bribery in the future – definitely not. To eradicate well-established corruption relations should change officials, to carry out tough purge, but it requires the will of the government. We'll see. Whether or not to apply the new Law to oppress objectionable? Most likely - Yes. And there are several reasons, which depend not even from the ruling parties or law enforcement authorities.

The fact is that in almost all cases about bribes one of the two parties of a bribe collaborates with operational units. Almost always there is a provocation of a bribe and the so-called "traitor" on the statements which are built in the future, the main evidence for the prosecution. Therefore, the cases are closely connected with the desire of a particular operative or employee of its management to attract a specific person for a bribe. Of course, that issue as before will be those who are somehow not acceptable and have no "reliable rear". So little will change. Until riot will not be able to make a bribe without the cooperation of one of the parties to corrupt deals, the situation doesn't change. Exercise is very difficult, and to implement such operational materials in the form of the criminal case and conviction even more difficult. Therefore, the mass of such activities is not expected. But even in the case of developments such positive practices they (MIA, SBU, Prosecutor's office) are going to choose on whom to start operational and investigative work, and who does not.

This naturally leads to abuses and avoid it it is possible only through effective oversight of operational units, which at the moment the Prosecutor's office to provide not able. The situation may affect the attitude of citizens to the very fact of cooperation with the police and other law enforcement agencies. People are reporting extortion or any other crime should become a "hero" and not a "traitor". But people need to respect police officers and prosecutors, to believe them and consider them a Paragon of integrity and legality. To achieve this of course you can, but it again requires political will and the trust of citizens, should be allowed decent people to power. Can this current government? We'll see. Additional analysis of the Law on the website.

the special advocate acts of corruption - +380507770381