"External Activities" of Public Officials: What are the Anti-Corruption Standards of Legal Regulation?

Tetiana Kolomoiets; Valerii Kolpakov; Serhii Kushnir; Oleksii Makarenkov; Natalia Halitsyna

doi:10.34069/AI/2020.26.02.21

Tetiana Kolomoiets Law Faculty of Zaporizhzhia National University https://orcid.org/0000-0003-1101-8073
Valerii Kolpakov Department of Administrative and Business Law of Zaporizhzhia National University https://orcid.org/0000-0002-8580-3261
Serhii Kushnir Zaporizhzhia National University https://orcid.org/0000-0002-4780-5784
Oleksii Makarenkov Civil Law Department of Zaporizhzhia National University https://orcid.org/0000-0003-0042-165X
Natalia Halitsyna Department of Administrative Law of Taras Shevchenko National University of Kyiv https://orcid.org/0000-0001-5955-7485

DOI: https://doi.org/10.34069/AI/2020.26.02.21

Keywords: Monitoring, lifestyle, lifestyle monitoring, public servant, family members, model, anti-corruption tool,

Abstract

The object is public relations that are directly related to the settlement of the principles of "external" activity of public servants. The subject is the anti-corruption standards of legal regulation of "external" activities of public officials. Research methodology is shaped by both general scientific and special methods of scientific research. The basic is dialectical analysis, semantic, comparative-legal, logical-legal, modeling, forecasting are also used.

The following conclusion can be made. Anti-corruption standardization of legal regulation of "external" activities of public servants helps to systematize, unify the principles of such regulation, and increase the efficiency of enforcement. It is advisable: a) awareness of the importance of "external" activities of public servants for the latter (their personal growth, personal realization), and for the public service as a whole (including the formation and improvement of the quality of human resources), consolidation of official norms-definition of the "external activity of public servants" as any activity of the latter out of office regardless of place, time, form, payment; b) introduction of a "mixed" model of legal regulation of "external" activity of public servants, with a combination of prohibition (business in all manifestations) and restrictions (with clear definition of criteria); c) unification of the principles of regulation of "external" activity of public employees and their concentration in the "basic" anti-corruption legislative act, alignment with the provisions of the legislation on public service; d) harmonization of the provisions on "external" activities of public servants with the legislation on declaring the income received from any sources outside the place of public service; e) to introduce the notification of the direct supervisor at the place of public service about "external" activity; f) the introduction of relevant, unlawful acts committed in connection with violations of the law on "external" activity by public officials, sanctions (penal or personal property).

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Author Biographies

Tetiana Kolomoiets, Law Faculty of Zaporizhzhia National University

Doctor of Legal Science, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine. Honored Lawyer of Ukraine, Dean of Law Faculty of Zaporizhzhia National University

Valerii Kolpakov, Department of Administrative and Business Law of Zaporizhzhia National University

Doctor of Legal Science, Professor, Head of Department of Administrative and Business Law of Zaporizhzhia National University

Serhii Kushnir, Zaporizhzhia National University

Doctor of Legal Science, Associate Professor, Vice-Rector of Zaporizhzhia National University

Oleksii Makarenkov, Civil Law Department of Zaporizhzhia National University

Ph. D., Associate Professor of Civil Law Department of Zaporizhzhia National University

Natalia Halitsyna, Department of Administrative Law of Taras Shevchenko National University of Kyiv

Doctor of Legal Science, Professor of Department of Administrative Law of Taras Shevchenko National University of Kyiv

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