消除腐败对乌克兰国家安全威胁的战略

Oleksii Makarenkov
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引用次数: 0

摘要

文章揭示了消除腐败对国家安全威胁的战略。这是一个关于法律和组织措施的知识体系,旨在确保人类美德在公共法律关系中的至高无上地位,排除对人权、领土完整、公民安全生活条件和其他宪法价值的潜在和现实威胁。这是一个摩尔集合,其内容能力至少分为两个原子单元--法律规范和法律规范的实施。合在一起,该战略的这两个组成部分能够确保维护这些价值观,并在此基础上不断发展国家。第一部分旨在涵盖法律关系的内容。第二部分涉及法律规范的实际执行。这两个变量同样充实了国家利益安全的功能和结构内容。因此,国家安全只有在实施法律制定和执法行动的条件下才会存在,而这只有在这些过程制度化的层面上才有可能实现。任何以个人取代制度、以私人利益取代公共利益、以法律的可见性取代法律、以武力取代自由的行为,都决定了法律在行动和/或战略上的失灵,从而导致有意义的国家价值的丧失。为理解腐败扭曲、国家利益的基本内容和腐败行为与乌克兰国家安全威胁程度之间的关系,确定了关键概念的初始关系等级,这构成了消除此类威胁战略的本体论基础。这一基础还应包括制定、更新、实施和监测其有效性的原则。这是战略的导言部分。在战略的实质性部分,有必要具体说明目标、任务和国家利益领域,以及战略的实施、效果控制和更新主体。这些主体包括所有公共当局、民间组织和每个公民。确保这一方法有效性的主要责任不仅在于专门的反腐败机构,也必然在于所有国家公共当局。需要强调的是,在公共当局现有的基础设施内,将有一个对此类表演者进行控制的系统,并对公民控制的限度做出详细规定,其法律可能性应足够广泛,以确保这种控制仍然是确保具体战略规定的有效工具,包括公民利用法律程序进行自卫的可能性。该战略的单独章节应专门阐述通过跨国联系和数字技术资源加强国家安全的详细规则。战略的秘密部分应包含在某一特定时刻以及在短期、中期和长期内利用国家的永久优势和态势优势、自身特点和其他资源的规则。这一部分还应反映出确定这些优势的性质和质量、及时核实其出现和转变的算法。作者认为,所有这些规则和算法都应与确定腐败行为和腐败主体及其犯罪共犯性质变化的规则相结合。
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STRATEGY FOR ELIMINATING CORRUPTION THREATS TO UKRAINE'S NATIONAL SECURITY
The article reveals the strategy for elimination of corruption threats to national security. It is a system of knowledge about legal and organisational measures aimed at ensuring the supremacy of human virtues in public-legal relations at a level that excludes both potential and real threats to human rights, territorial integrity, safe living conditions of citizens and other constitutional values. It is a molar set, the content capacity of which is divided into at least two atomic units – legal norms and the implementation of legal norms. Taken together, both components of the strategy are capable of ensuring the preservation of these values and the development of the nation on this basis on an ongoing basis. The first component is intended to cover the content of legal relations. The second component involves the practical implementation of legal norms. These two variables equally saturate the functional and structural content of the security of national interests. Accordingly, the security of the nation exists only under the condition of the implementation of law-making and law-enforcement operations, which is possible only at the level of the institutionalisation of these processes. Any replacement of an institution by a person, of public interest by private interest, of law by its visibility, of freedom by force, determines the operational and/or strategic dysfunction of law, which leads to the loss of meaningful national values. It is determined that the hierarchy of initial relations of key concepts for understanding corruption distortions, the essential content of national interests and the relationship of corruption acts with the level of threats to Ukraine's national security form the ontological basis of the strategy for eliminating such threats. This basis should also include the principles of its creation, updating, implementation and monitoring of effectiveness. This is the introductory part of the strategy. In the substantive part of the strategy, it is necessary to specify the goal, tasks and areas of national interests, as well as the subjects of its implementation, effectiveness control and renewal. These subjects include all public authorities, civil organisations and each citizen. The main responsibility for the effectiveness of this approach lies not only with specialised anti-corruption bodies, but necessarily with all national public authorities. It is emphasised that there will be a system of control over such performers within the already existing infrastructure of public authorities and with detailed rules on the limits of control by citizens, the legal possibilities of which should be wide enough to ensure that this control remains an effective tool for ensuring the provisions of the specified strategy, including the possibility for citizens to use legal procedures of vigilantism. Separate sections of this strategy should be devoted to detailed rules for strengthening national security through transnational connections and digital technological resources. The secret part of the strategy should contain rules for using the nation's permanent and situational advantages, its individual features and other resources at a particular moment in time, as well as in the short, medium and long term. This part should also reflect the algorithms for determining the nature and qualities of these advantages, timely verification of their emergence and transformation. The author establishes that all these rules and algorithms should be combined with the rules for determining the changing nature of corruption acts and corruption subjects and their criminal accomplices.
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