MEANS OF INTERNATIONAL LAW TO ELIMINATE CORRUPTION THREATS TO NATIONAL SECURITY

Oleksii Makarenkov
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Abstract

The subject of the article is the means of international law to eliminate corruption threats to national security. The research methodology involved the use of logical, historical and legal, systemic, natural law, formal and dogmatic, hermeneutical, economic and legal (analysis, comparison), axiological, statistical and economic methods. The purpose of the article is to reveal the means of international law to eliminate corruption threats to national security. Carrying out the study made it possible to draw the following conclusions. It was found that most countries of the world have implemented international anti-corruption norms into their national legal frameworks and have the support of international organisations specialising in the fight against corruption. The resources of foreign legal doctrine become an important source of support for domestic scientists to convince of the correctness of their scientific conclusions regarding successful anti-corruption measures. An extensive system of international anti-corruption assistance allows to minimise the costs of own relevant infrastructure. On this basis and against the background of access to powerful anti-corruption resources at the European and world level, there is essentially sabotage of anti-corruption policy in Ukraine, which has critically affected the security of the Ukrainian nation. It was emphasised that military threats from the outside are an exceptional danger for corrupt countries. At the same time, even the stabilising effect of microcorruption becomes dangerous for them in today's unstable development environment. All the positive effects of corruption in the form of improved communication through small gifts that comply with legal customs disappear when top corruption spreads in a country. Then this level of corruption multiplies a series of official crimes, treason and other crimes that destroy the foundations of national security. Already after the point of no return – the beginning of military aggression from outside against the background of prolonged high-level corruption inside the country – external support for anti-corruption reforms becomes a condition for the survival of the nation, the reduction of human losses in the war, and so forth. The need to neutralise these two challenges to national security becomes urgent after years of procrastination on accountability and other dimensions of integrity in public positions. In these cases, the national legal standard falls under the critical conditions of ultra-fast transformation, according to the successful anti-corruption models of countries that saved their nation from war and high-level corruption. It is noted that the standards set for Ukraine are quite close. These are EU standards, which are achieved through the adoption and implementation of those legal norms that reflect the current state of ensuring human opportunities. It is stressed that the specification of anti-corruption norms and the structural units of their implementation in legal reality are nativemorphic. They always differ in the degree of unification within the contexts common to nations, namely, legal traditions, mentality, historical conditions, economy, etc. Transnational anti-corruption assistance in the mutual enrichment of some nations through the possibility of using the experience of other nations. The author concludes that knowledge about the practices of building virtuous relations is the capital of the nation that possesses it. Conscious disregard of this knowledge by the recipient should be remedied by charging a fee for it. It is proposed to establish an International Organisation for Integrity Development, which would include the top 20 countries in terms of corruption and rule of law perception indices.
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通过国际法手段消除腐败对国家安全的威胁
文章的主题是国际法消除腐败对国家安全威胁的手段。研究方法包括使用逻辑、历史和法律、系统、自然法、形式和教条、诠释学、经济和法律(分析、比较)、公理、统计和经济等方法。文章的目的是揭示国际法消除腐败对国家安全威胁的手段。通过研究可以得出以下结论。研究发现,世界上大多数国家已将国际反腐败准则纳入本国法律框架,并得到了专门打击腐败的国际组织的支持。外国法律学说资源成为国内科学家的重要支持来源,使他们相信自己关于成功反腐败措施的科学结论是正确的。广泛的国际反腐败援助体系可以最大限度地降低自身相关基础设施的成本。在此基础上,在获得欧洲和世界一级强大反腐败资源的背景下,乌克兰的反腐败政策基本上遭到破坏,这严重影响了乌克兰国家的安全。与会者强调,来自外部的军事威胁是腐败国家面临的特殊危险。同时,在当今不稳定的发展环境中,即使是微观腐败的稳定作用对它们来说也是危险的。当高层腐败在一个国家蔓延时,腐败通过符合法律习俗的小礼物改善交流的所有积极影响都会消失。然后,这种程度的腐败会使一系列破坏国家安全基础的职务犯罪、叛国罪和其他罪行成倍增加。到了不归路--在国内高层腐败长期存在的背景下,外部开始军事侵略--之后,外部对反腐败改革的支持就成了国家生存、减少战争中人员伤亡等的条件。在问责和公职廉政的其他方面拖延多年之后,化解这两个对国家安全的挑战变得迫在眉睫。在这种情况下,根据那些从战争和高层腐败中拯救国家的成功反腐模式,国家法律标准处于超快速转型的关键条件下。值得注意的是,为乌克兰制定的标准非常接近。这些都是欧盟的标准,是通过采纳和实施那些反映确保人类机会现状的法律规范来实现的。需要强调的是,反腐败规范的具体化及其在法律现实中实施的结构单元是原生形态的。在各国共同的背景下,即在法律传统、心态、历史条件、经济等方面,它们的统一程度总是不同的。通过利用其他国家的经验,跨国反腐有助于一些国家的相互促进。作者的结论是,建立良性关系的实践知识是拥有这种知识的国家的资本。接受者有意识地漠视这些知识,应通过收取费用来弥补。作者建议成立一个国际廉政发展组织,该组织将包括腐败和法治认知指数排名前 20 位的国家。
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发文量
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审稿时长
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