FINANCIAL ABUSE OF PUBLIC OFFICIALS: CHARACTERISTICS AND PROBLEMS OF LIABILITY

Abstract

The purpose of the article is to study the issues of characterisation and liability for financial abuse of public officials under the laws of Ukraine and other countries, with a view to eliminating the existing gaps in legislation. The results of the study are based on the analysis of the development of the regulatory framework for liability of officials of various levels for financial abuse, including for misappropriation of property through abuse of office in Ukraine, some European countries and other states. The article describes the concept and characteristics of an official. The present article conducts an analysis of the principles of activity that pertain to officials. The investigation encompasses the conceptualisation and typology of official abuse within the financial sphere perpetrated by officials. The article provides a comprehensive overview of the procedural framework and the principles of liability that govern officials' actions in such contexts. The authors analyse foreign experience in combating corruption, in particular in the USA, France and the UK. The article analyses the legal framework that regulates the issue of liability for criminal acts related to financial abuse of public officials. Proposals are made to take into account foreign experience in the process of combating corruption. The paper substantiates the need for a systematic and comprehensive approach to combating such a negative phenomenon as corruption. The types of criminal offences committed by public officials are systematised and classified under Ukrainian criminal law. Value/Оriginality. Financial misuse by public officials is a manifestation of corruption. The indicators of the Corruption Perceptions Index can be improved through a systemic public policy aimed at counteracting this negative phenomenon. The article provides proposals for taking into account and applying foreign experience in combating financial abuse of public officials and corruption. In particular, it is noted that in order to increase the effectiveness of combating corruption criminal offences in Ukraine, it is considered appropriate to: 1) to create an extensive system of public supervision over the activities of the state apparatus and the process of investigation of such criminal acts; 2) to introduce a mechanism of "unclear procedure for approval of assets" in the process of investigation of criminal offences related to obtaining unlawful benefits, which effectively reveals the unlawfulness of the source and manner of origin of an official's property.