Monitoring the lifestyle of public officials- a means of preventing corruption or legalized interference in a one’s private and personal life?

Tetiana Kolomoiets; Valerii Kolpakov; Serhii Kushnir; Kyrylo Alimov; Petro Dikhtiievskyi

Tetiana Kolomoiets National Academy of Legal Sciences of Ukraine. Law Faculty of Zaporizhzhya National University https://orcid.org/0000-0003-1101-8073
Valerii Kolpakov Department of Administrative and Business Law of Zaporizhzhya National University https://orcid.org/0000-0002-8580-3261
Serhii Kushnir Zaporizhzhya National University https://orcid.org/0000-0002-4780-5784
Kyrylo Alimov Civil Law Department of Zaporizhzhya National University https://orcid.org/0000-0002-5053-0945
Petro Dikhtiievskyi Department of Administrative Law of Taras Shevchenko National University of Kyiv https://orcid.org/0000-0001-9452-5008

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

Abstract

The relevance of the article. Finding the best means of counteracting corruption necessitates the need to focus the attention of the interested community on the study of the resource, not only the traditional ones, which have been used for a long time, but also innovative ones (where the practice of normalization and application of which is only emerging). Monitoring the way of life of public servants and their families is a tool whose potential is linked to the unique legal nature and maximum of its "approximation" to "private autonomy", and therefore "threats" to mistakenly identify it with a means of "excessive" interference with personal and private life of individuals.

The subject of the study is the monitoring of the way of life of public servants as a means of preventing corruption and preventing legally enforced interference with a person's private and personal life.

The subject of the study is the public relations that arise in the process of using the resource of monitoring the life of public servants as a means of preventing corruption and preventing legally enforced interference with the private and personal life of these persons.

The methodology of the research is formed by a combination of general scientific and special methods of scientific knowledge. The dialectical method was used as the basic method; the methods of semantic analysis, logical-legal, comparative, modeling, and prediction were additionally used.

Research results. It is important to normalize the standards of use of monitoring to avoid arbitrary legalized forced interference with the private and private life of public servants and to mistakenly identify lifestyle monitoring with legalized monitoring, including total, by appropriate persons. It is advisable to: streamline and normalize the thematic conceptual apparatus ("lifestyle monitoring", "family members", "close persons", etc.), defining a "comprehensive" monitoring model as one that reveals the whole uniqueness of its resource; consolidation of the principles of "justification" ("only if there is a suspicion of inconsistency of the real state of affairs and official information on income and expenses), "selectivity" (indicating the eligibility criteria), purposefulness (to establish the conformity or inconsistency of the above information), admissibility ( normalization of the circle of authorized subjects of its implementation, with the granting of their respective status, coordination of cooperation with other subjects of combating corruption), algorithmization (stage, sequence, fixing of the results) etc.

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Author Biographies

Tetiana Kolomoiets, National Academy of Legal Sciences of Ukraine. Law Faculty of Zaporizhzhya 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 Zaporizhzhya National University

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

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

Serhii Kushnir, Zaporizhzhya National University

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

Kyrylo Alimov, Civil Law Department of Zaporizhzhya National University

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

Petro Dikhtiievskyi, 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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