THE CONCEPT OF AN MECHANISM FOR ENSURING THE IMPLEMENTATION OF THE ANTI-CORRUPTION POLICY

Abstract

The article examines the essential features of the mechanism for ensuring the implementation of the anti-corruption policy. In order to establish the concept of “mechanism for ensuring the implementation of anticorruption policy”, qualitative and meaningful features of the concepts that form it (“mechanism”, “ensurement”, “implementation”) were investigated both in the general legal sense and for the purposes of determining anticorruption policy. Attention is focused on the fact that the identification of provision and administrative law as provision is inappropriate from both epistemological and praxeological approaches. Accordingly, provision of administrative law will be only a separate component of legal provision of a specific phenomenon. The concept of “ensuring the implementation of anti-corruption policy” is defined and the following features are distinguished: 1) meaningfully formed from a set of legal measures and means that must correspond to the state of social relations, the conditions of integration into the European Union; 2) it is qualitatively a system of guarantees aimed at creating effective conditions and practical implementation of the state’s activities in the field of prevention and counteraction of corruption; 3) acquires legally significant consequences only if its substantive components are regulated by legal norms (mainly administrative law norms, which is mediated by the specifics of corruption prevention). For the purposes of this study, ensuring the implementation of the anti-corruption policy will be considered from the standpoint of its praxeological embodiment, rather than a static interpretation. The indication of the latter is made through the determination of the “mechanism for ensuring the implementation of the state anticorruption policy.” It was established that the mechanism for ensuring the implementation of the anti-corruption policy is a qualitatively separate phenomenon of the legal system, which is a complex of interrelated elements that create appropriate legal and factual opportunities for the full implementation of a set of legal measures and means aimed at the formation of the necessary conditions and the practical implementation of the areas of activity state in the field of corruption prevention.