CORRUPTION OF PERSONNEL POLICY IN THE FIELD OF PUBLIC-LEGAL RELATIONS IS AT THE LEVEL OF A REAL THREAT TO NATIONAL SECURITY

Abstract

The article reveals the Corruption of personnel policy in the field of public-legal relations at the level of a real threat to national security. It was determined that the corrupt personnel policy in the field of public-legal relations constitutes a real threat to national security when the level of distortions determined by it reaches more than a quarter of the total volume of these relations. This figure of two-thirds represents a critical need for help to restore integrity from nations that have remained free of corruption. Unscrupulous personnel policy is a problem, the solution of which requires a set of legal norms at the level of at least a separate institute or sub-branch of law. Adjacent legal regulators are found within the legal institution of conflict of interest countermeasures. It has been established that the current anti-corruption strategy of Ukraine points to the connections between honest personnel policy and procedures for preventing and resolving conflicts of interest. It is emphasized that the corrupt personnel policy significantly exhausts the content of the conflict of interests in terms of efficiency loss as a result of hiring employees not on professional grounds. Although there is a public demand for exactly and only these qualities, which is the essence of public interest in this case. The distortion of personnel policy is that such hiring takes place on the basis of non-professional factors, which constitute a private interest that is contrary to the public interest. This leads to organizational dysfunction of legal relations, in particular in the sphere of ensuring public interest. Concomitantly, the private interest of the person who conducts the corrupt personnel policy pursues the receipt of money and/or the satisfaction of other personal needs. The motive of such a person is kinship, companionship, friendship with the person he appoints or chooses. The ontology of this motivation can also be found in other personal and/or material reasons. It was noted that the private interest of a person who is appointed or elected to a position, i.e. in whose interests a corrupt personnel policy is carried out, consists in occupying the desired position and the benefits associated with it (prestige, recognition, power, etc.). It is summarized that the conflict of interests manifests itself in the managerial aspect of inadequate staffing when the personal interest of two persons (the one who appoints and the one who is appointed) is achieved contrary to the public interest. It was concluded that in order to eliminate the above-mentioned corruptionrelated real threat to the national security of Ukraine, it is necessary to separately prescribe in the current criminal code the composition of the criminal offense and criminal responsibility for the corrupt personnel policy of appointing or electing people to positions who are unable to act on it effectively, in particular compared to other applicants for these positions.