კონფერენცია

∘ Marina Radieva ∘
ANTI-CORRUPTION LEGISLATION OF UKRAINE WITHIN THE CONTEXT OF TERRITJRIAL REFORM

Annotation.Anti-corruption legislation of Ukraine is reflected in the 17 main legal acts. Reforming of the legislation started with adoption of Law of Ukraine «On principles of prevention and countering of corruption in Ukraine». At the moment, the basic legal act in Ukraine is Law of Ukraine «On Prevention of Corruption». Law defines legal and organizational basis of the system of preventing corruption in Ukraine, the content and the implementation of preventive anti-corruption mechanisms, rules to eliminate the consequences of corruption. The main objectives of the Law are: harmonization of Ukrainian legislation with international norms and legal standards, the definition of a common approach to the understanding of the nature of corruption, the varieties of corruption activities, legislative regulation of legal liability for corruption.

Key words: anti-corruption policy, Law of Ukraine, National Agency for Prevention of Corruption, corruption, corruption offenses.

Introduction

Corruption as a complex social phenomenon negatively affects all aspects of political, social and economic development of the state, threatens democracy, human rights and social justice.

Corruption has become widespread and universal problem in Ukraine. Corruption hitsmostly system of relations between citizens, state authorities and local self-governing authorities during the process of constitutional rights enforcement by citizens. Corruption overturned the foundations of enforcement of the society’s principle of supremacy of law. Citizens of Ukraine assume corruption as the «simplified form» of receiving administrative services.

Integral system of corruption prevention, which shall create and settle the procedures of anti-corruption steps, should become the basis for public trust formation in authorities.

Since 2011, significant complex measures regarding overcoming of certain corrupt practices have been initiated and continue to be used at all levels of the authorities in Ukraine, along with introducing system of mechanisms of corruption prevention.

Unfortunately, despite significant attempts to reform anti-corruption legislation, no world rating documents decrease of the level of corruption in our country. Even opposite situation can be traced.

Since 1995, International Organization Transparency International forms the annual rating of countries of the world in terms of corruption, which is based on the opinions of businessmen and analytics. This indicator is calledCorruption Perceptions Index, CPI. Till 2010 the index had the scale from 0 (the highest level of corruption) to 10 (no corruption). In 2010 Ukraine filled 134^thplaceoutof 178 countries with the rating of 2,4. During the period of 2010-2003 years, Corruption Perceptions Index equals respectively 2,4; 2,2; 2,5; 2,8; 2,6; 2,2; 2,3; 2,4.

Since 2011, International Organization Transparency International changed the system of evaluation. Countries in the rating are sorted by index from 0 (highest level of corruption) to 100 (no corruption).

In 2015, according to the analytical rating of Transparency International, Ukrainetook up 130^th place among 168 countries in this rating, receiving the index of CPI amounting to 27. Iran, Cameroon, Nepal, Nicaragua and Paraguay became «colleagues» of Ukraine with anti-corruption index of 27 points. In 2015, Denmark, Finland and Sweden are three leaders in the world’s most famous anti-corruption ran king of CPI with 91, 90 and 89 points respectively. Most corrupted countries of the world are North Korea and Somalia with 8 points [Transparency, 2015].

According to the analysis of Transparency International, Ukraine managed to earn only one additional point in the CPI ranking. In 2014 country took up 142^nd place among 175 positions. From 2014 to 2012 Index of CPI was respectfully 26, 25, 26. For comparison - in 2007 Ukraine took up 118^th place out of 179 countries [Transparency, 2016].

In 2012, international auditing company Ernst & Young put Ukraine among three top corrupted countries in the world, together with Colombia and Brazil [Ernst, 2012].

Anti-corruption legislation of Ukraine is reflected in the following main legal acts:

Constitution of Ukraine.
Resolution №950 of the Cabinet of Ministers of Ukraine after 13^th of June, 2000 «On Approval of the Procedure of Conducting Official Investigation against Civil Servants».
Resolution № 265 of the Cabinet of Ministers of Ukraine after 29^th of April, 2015 «On Approval of the State Program on implementation of the principles of the state anti-corruption policy in Ukraine (the Anti-Corruption Strategy) for 2015-2017».
Resolution № 65 of the Cabinet of Ministers of Ukraine after 11^th of February, 2016 «On approval of rules of ethical conduct for public officials».
Section XVII of the Criminal code of Ukraine «Сrimes in the field of performance management and professional activities related to the provision of public services».
Criminal Procedure Code of Ukraine.
Law of Ukraine №3341-XII «On the organizational and legal foundations of struggle against organized crime» after 30^th of June 1993.
Law of Ukraine «On Amendment of Certain Legislative Acts of Ukraine as regards the Aligning of the National Legislation with the Standards of the Criminal Law Convention on Corruption» after 18^th of April, 2013 №221-VII (amendments to the articles 354, 368, 369, 370 of the Criminal Code of Ukraine).
Order of the Ministry of Justice of Ukraine №1380/5 «On Approval of Guidelines for Expert Assessment of Draft Regulatory Acts for Possible Corruptogenic Provisions» dated June 23^rd, 2010.
Law of Ukraine «On Public Appeals» after 2^nd of October, 1996, №393/96-BP.
Instruction on the procedure of recording the criminal and administrative corruption offenses, approved by the joint order of General Prosecutor Office, Ministry of internal affairs, Security Service of Ukraine, Ministry of income and fees, Ministry of defense and State Judicial Administration after 22^nd of April, 2013 №52/394/172/71/268/60.
Law of Ukraine «On State Service» after December, 10^th2015 №889-VIII.
Law of Ukraine «On Access to Public Information» after January, 13, 2011, №2939-VI.
Law of Ukraine «On principles of state anti-corruption policy in Ukraine (Anti-corruption strategy) for years 2015-2017» after 14^th of October 2014, № 1699-VII.
Law of Ukraine «On the prevention of corruption in Ukraine» after 14^th of October, 2014, №1700-VII.
Law of Ukraine «On principles of prevention and countering of corruption in Ukraine» after 7^th of April, 2011, №3206-VI (lost effect).
Law of Ukraine №1698-VII «On the National Anti-corruption Bureau of Ukraine» after 14^th of October, 2014.

International cooperation of Ukraine in preventing and fighting corruption is reflected in the following legal acts:

United Nations Convention against corruption (ratified by the Law of Ukraine after 18^th of October, 2006, №251-V).
Council of Europe Civil Law Convention on Corruption (ratified by the Law of Ukraine dated March 16^th, 2005 № 2476-IV).
Council of Europe Criminal Law Convention on Corruption (ratified by the Law of Ukraine dated October 18^th, 2006 № 252-V).
Additional Protocol to the Criminal Law Convention on Corruption (ratified by the Law of Ukraine dated October 18^th, 2006 № 253-V).
Charter of Group of States Against Corruption (GREKO) Multilateral agreement (not CIS) Charter after 05^th of May, 1998.
Agreement establishing the Group of States against Corruption (GRECO).

Reforming of the legislation started with adoption of Law of Ukraine «On principles of prevention and countering of corruption in Ukraine» after 07^th of April, 2011 № 3206-VI (hereinafter Law 3206) [Law, 2011].

At the moment, the basic legal act in Ukraine is Law of Ukraine «On Prevention of Corruption» aftter 14^th of October, 2014 №1700-18 (hereinafter Law 1700). On October 23^rd, 2014, President of Ukraine Petro Poroshenko has signed a package of anti-corruption laws, including the Law 1700. With this law taking effect, Law 3206 lost effect [Law, 2014].

Law 1700, which came into force on 24^th of April 2015, defines legal and organizational basis of the system of preventing corruption in Ukraine, the content and the implementation of preventive anti-corruption mechanisms, rules to eliminate the consequences of corruption. The main objectives of the Law are: harmonization of Ukrainian legislation with international norms and legal standards, the definition of a common approach to the understanding of the nature of corruption, the varieties of corruption activities, legislative regulation of legal liability for corruption.

Law 1700 takes into account the experience of legal regulation of foreign countries, the law takes into account recommendations of GRECO; provisions of the Law generally comply with anti-corruption conventions of the UN and the Council of Europe and other international instruments ratified by Ukraine.

Law 1700 defines

- the nature of corruption offenses and the offense, associated with corruption; the list of subjects covered by this law and subjects of avowal (Section I).

- status, body, powers, work arrangement, guarantees of independency and logistics of National Agency for Prevention of Corruption, which is the central executive authority with special status, which ensures the formation and implementation of the state anti-corruption policy (Section II).

- formation and realization of anti-corruption policy (Section III);

- prevention of the corruption offenses and offenses associated with corruption offenses (Section IV);

- prevention and settlement of the conflict of interests (Section V);

- rules of ethical behavior (Section VI);

- financial control (Section VII);

- protection of persons, who provide assistance in preventing and combating corruption, by state (Section VIII);

- mechanisms of anticorruption examination and background check, requirements regarding transparency and access to information (Section IX);

- liability for the corruption offenses and offenses associated with corruption and elimination of their consequences (Section XI);

- legal and organizational foundations of prevention and counteraction corruption subject to the provisions of international agreements on these matters (Section XII).

Law expands the list of subjects of corruption, who are covered by this law and restrictions regarding such subjects. These subjects include: persons who provide public services (appraisers, notaries, auditors, experts, mediators, arbitrators); persons who hold positions related to providing organizational or administrative services; legal entities of public law, which receive salary from local or state budget.

Article 1 of Section 1 of the Law 1700 provides new terms:

- «anti-corruption examination - activities for identification in regulatory legal acts, drafts of regulatory legal acts of provisions which independently or in combination with other regulations can promote making of the corruption offenses or offenses connected with corruption»;

- «private interest - any interest in property or else, including due to personal, family, or other unofficial friendly relationship with natural or legal persons, including those arising from membership or activity in public, political, religious or other organizations»

- «gift - cash or other property, advantages, benefits, services, intangible assets that have been provided / received for free or at a price below the minimum market price».

Innovation of the law is the distinction of the definitions «corruption offense» and «offence related to corruption», «real conflict of interests» and «potential conflict of interest», «close persons» and «family members».

Law 1700 imposes restrictions regarding using official authority or official status, taking gifts; combining of holding the office with other types of activity; termination of the activity associated with the functions of state, self-governed local authorities; co-operation of close persons.

Law prohibits the relationship between people working in one company, organization, institution. Officials (heads of higher authorities, MPs, civil servants, military, who hold an office, judges, officials of fiscal authorities, department officers of the public prosecution office, Security Service of Ukraine, etc.) according to article 4 of Law 1700 cannot have close persons under their command.

According to the Article 1 close persons are persons who live jointly, connected by general life and have the mutual rights and obligations with the subject, including persons who are not married, and also - irrespective of the specified conditions – children, married couple, parents, brothers and sisters, adoptive parents or adopted children. The definition «family members» is primarily used for the purposes of declaration.

Law 1700 prohibits to receive gifts from and especially from those who are in direct subordination. Gifts accepted can match the widely accepted conception of the hospitality and their one-time cost cannot exceed 50% of the minimum wage. The total value of gifts from one source cannot not exceed one minimum wage.

Law 1700 prohibits hiding or misrepresentation of public information, that must be disclosed under the Law.

Law provides for dismissal of officials against whom administrative or criminal action was brought for the violation of anti-corruption legislation within three days starting from receiving of the court decision that took effect by the institution, company or self-governed local authority.

The entire Section 2 of the Law 1700 is dedicated to the new executive authority with special status, which provides for formation and realization of state anti-corruption policy, - National Agency for Prevention of Corruption. Law regulates the procedure of creation, rights, list of powers, organization of member’s activity and president of agency activity; guarantees of independency, the issue of control of agency activity. Law does not provide for the mechanism of agency interaction with specially authorized entities in combating corruption.

In Law 1700, special attention is drawn to the liability for corruption or corruption-related offenses and elimination of their consequences. For the commitment of corruption or corruption-related offense subjects determined by the law are brought to criminal, administrative, civil and disciplinary liability in accordance with the law. It is also provided, that damages caused to the state due to the commitment of corruption offense subject to confiscation upon the court decision. Money and other property received as a result of commitment of corruption offense, are to be confiscated by the court.

The adoption of new anti-corruption legislation is the starting point in the process of counteracting, preventing and combating the corruption. For an effective anti-corruption system functioning, in addition to the provisions of the law, it is necessary to express strong political will and active public position in support of anti-corruption policy. It is necessary to raise population’s public intolerance to corruption, to convince people, that state is able to punish officials for offenses committed.

References

Ernst & Young Ukraine.[Official site, access mode: http://www.ey.com/ua/uk.
Law of Ukraine «On Prevention of Corruption» after 14^th of October, 2014, №1700-18. Site: Legislation of Ukraine, access mode: http://zakon0.rada.gov.ua/laws/show/1700-18.
Law of Ukraine «On principles of prevention and countering of corruption in Ukraine» after 7th of April, 2011, №3206-VI. Site: Legislation of Ukraine, access mode: http://zakon4.rada.gov.ua/laws/show/3206-17.
Transparency International.Official site, 2015, access mode: https://www.transparency.org/.
Transparency International Ukraine.Official site, 2016, access mode: http://ti-ukraine.org/.

Ivane Javakhishvili Tbilisi State University Paata Gugushvili Institute of Economics International Scientific C O N F E R E N C E S "ECONOMY – XXI CENTURY"

E ISSN 2587 - 4691	∘ Marina Radieva ∘ ANTI-CORRUPTION LEGISLATION OF UKRAINE WITHIN THE CONTEXT OF TERRITJRIAL REFORM *Annotation.Anti-corruption legislation of Ukraine is reflected in the 17 main legal acts. Reforming of the legislation started with adoption of Law of Ukraine «On principles of prevention and countering of corruption in Ukraine». At the moment, the basic legal act in Ukraine is Law of Ukraine «On Prevention of Corruption». Law defines legal and organizational basis of the system of preventing corruption in Ukraine, the content and the implementation of preventive anti-corruption mechanisms, rules to eliminate the consequences of corruption. The main objectives of the Law are: harmonization of Ukrainian legislation with international norms and legal standards, the definition of a common approach to the understanding of the nature of corruption, the varieties of corruption activities, legislative regulation of legal liability for corruption. Key words:* anti-corruption policy, Law of Ukraine, National Agency for Prevention of Corruption, corruption, corruption offenses. Introduction Corruption as a complex social phenomenon negatively affects all aspects of political, social and economic development of the state, threatens democracy, human rights and social justice. Corruption has become widespread and universal problem in Ukraine. Corruption hitsmostly system of relations between citizens, state authorities and local self-governing authorities during the process of constitutional rights enforcement by citizens. Corruption overturned the foundations of enforcement of the society’s principle of supremacy of law. Citizens of Ukraine assume corruption as the «simplified form» of receiving administrative services. Integral system of corruption prevention, which shall create and settle the procedures of anti-corruption steps, should become the basis for public trust formation in authorities. Since 2011, significant complex measures regarding overcoming of certain corrupt practices have been initiated and continue to be used at all levels of the authorities in Ukraine, along with introducing system of mechanisms of corruption prevention. Unfortunately, despite significant attempts to reform anti-corruption legislation, no world rating documents decrease of the level of corruption in our country. Even opposite situation can be traced. Since 1995, International Organization Transparency International forms the annual rating of countries of the world in terms of corruption, which is based on the opinions of businessmen and analytics. This indicator is calledCorruption Perceptions Index, CPI. Till 2010 the index had the scale from 0 (the highest level of corruption) to 10 (no corruption). In 2010 Ukraine filled 134^thplaceoutof 178 countries with the rating of 2,4. During the period of 2010-2003 years, Corruption Perceptions Index equals respectively 2,4; 2,2; 2,5; 2,8; 2,6; 2,2; 2,3; 2,4. Since 2011, International Organization Transparency International changed the system of evaluation. Countries in the rating are sorted by index from 0 (highest level of corruption) to 100 (no corruption). In 2015, according to the analytical rating of Transparency International, Ukrainetook up 130^th place among 168 countries in this rating, receiving the index of CPI amounting to 27. Iran, Cameroon, Nepal, Nicaragua and Paraguay became «colleagues» of Ukraine with anti-corruption index of 27 points. In 2015, Denmark, Finland and Sweden are three leaders in the world’s most famous anti-corruption ran king of CPI with 91, 90 and 89 points respectively. Most corrupted countries of the world are North Korea and Somalia with 8 points [Transparency, 2015]. According to the analysis of Transparency International, Ukraine managed to earn only one additional point in the CPI ranking. In 2014 country took up 142^nd place among 175 positions. From 2014 to 2012 Index of CPI was respectfully 26, 25, 26. For comparison - in 2007 Ukraine took up 118^th place out of 179 countries [Transparency, 2016]. In 2012, international auditing company Ernst & Young put Ukraine among three top corrupted countries in the world, together with Colombia and Brazil [Ernst, 2012]. Anti-corruption legislation of Ukraine is reflected in the following main legal acts: Constitution of Ukraine. Resolution №950 of the Cabinet of Ministers of Ukraine after 13^th of June, 2000 «On Approval of the Procedure of Conducting Official Investigation against Civil Servants». Resolution № 265 of the Cabinet of Ministers of Ukraine after 29^th of April, 2015 «On Approval of the State Program on implementation of the principles of the state anti-corruption policy in Ukraine (the Anti-Corruption Strategy) for 2015-2017». Resolution № 65 of the Cabinet of Ministers of Ukraine after 11^th of February, 2016 «On approval of rules of ethical conduct for public officials». Section XVII of the Criminal code of Ukraine «Сrimes in the field of performance management and professional activities related to the provision of public services». Criminal Procedure Code of Ukraine. Law of Ukraine №3341-XII «On the organizational and legal foundations of struggle against organized crime» after 30^th of June 1993. Law of Ukraine «On Amendment of Certain Legislative Acts of Ukraine as regards the Aligning of the National Legislation with the Standards of the Criminal Law Convention on Corruption» after 18^th of April, 2013 №221-VII (amendments to the articles 354, 368, 369, 370 of the Criminal Code of Ukraine). Order of the Ministry of Justice of Ukraine №1380/5 «On Approval of Guidelines for Expert Assessment of Draft Regulatory Acts for Possible Corruptogenic Provisions» dated June 23^rd, 2010. Law of Ukraine «On Public Appeals» after 2^nd of October, 1996, №393/96-BP. Instruction on the procedure of recording the criminal and administrative corruption offenses, approved by the joint order of General Prosecutor Office, Ministry of internal affairs, Security Service of Ukraine, Ministry of income and fees, Ministry of defense and State Judicial Administration after 22^nd of April, 2013 №52/394/172/71/268/60. Law of Ukraine «On State Service» after December, 10^th2015 №889-VIII. Law of Ukraine «On Access to Public Information» after January, 13, 2011, №2939-VI. Law of Ukraine «On principles of state anti-corruption policy in Ukraine (Anti-corruption strategy) for years 2015-2017» after 14^th of October 2014, № 1699-VII. Law of Ukraine «On the prevention of corruption in Ukraine» after 14^th of October, 2014, №1700-VII. Law of Ukraine «On principles of prevention and countering of corruption in Ukraine» after 7^th of April, 2011, №3206-VI (lost effect). Law of Ukraine №1698-VII «On the National Anti-corruption Bureau of Ukraine» after 14^th of October, 2014. International cooperation of Ukraine in preventing and fighting corruption is reflected in the following legal acts: United Nations Convention against corruption (ratified by the Law of Ukraine after 18^th of October, 2006, №251-V). Council of Europe Civil Law Convention on Corruption (ratified by the Law of Ukraine dated March 16^th, 2005 № 2476-IV). Council of Europe Criminal Law Convention on Corruption (ratified by the Law of Ukraine dated October 18^th, 2006 № 252-V). Additional Protocol to the Criminal Law Convention on Corruption (ratified by the Law of Ukraine dated October 18^th, 2006 № 253-V). Charter of Group of States Against Corruption (GREKO) Multilateral agreement (not CIS) Charter after 05^th of May, 1998. Agreement establishing the Group of States against Corruption (GRECO). Reforming of the legislation started with adoption of Law of Ukraine «On principles of prevention and countering of corruption in Ukraine» after 07^th of April, 2011 № 3206-VI (hereinafter Law 3206) [Law, 2011]. At the moment, the basic legal act in Ukraine is Law of Ukraine «On Prevention of Corruption» aftter 14^th of October, 2014 №1700-18 (hereinafter Law 1700). On October 23^rd, 2014, President of Ukraine Petro Poroshenko has signed a package of anti-corruption laws, including the Law 1700. With this law taking effect, Law 3206 lost effect [Law, 2014]. Law 1700, which came into force on 24^th of April 2015, defines legal and organizational basis of the system of preventing corruption in Ukraine, the content and the implementation of preventive anti-corruption mechanisms, rules to eliminate the consequences of corruption. The main objectives of the Law are: harmonization of Ukrainian legislation with international norms and legal standards, the definition of a common approach to the understanding of the nature of corruption, the varieties of corruption activities, legislative regulation of legal liability for corruption. Law 1700 takes into account the experience of legal regulation of foreign countries, the law takes into account recommendations of GRECO; provisions of the Law generally comply with anti-corruption conventions of the UN and the Council of Europe and other international instruments ratified by Ukraine. Law 1700 defines - the nature of corruption offenses and the offense, associated with corruption; the list of subjects covered by this law and subjects of avowal (Section I). - status, body, powers, work arrangement, guarantees of independency and logistics of National Agency for Prevention of Corruption, which is the central executive authority with special status, which ensures the formation and implementation of the state anti-corruption policy (Section II). - formation and realization of anti-corruption policy (Section III); - prevention of the corruption offenses and offenses associated with corruption offenses (Section IV); - prevention and settlement of the conflict of interests (Section V); - rules of ethical behavior (Section VI); - financial control (Section VII); - protection of persons, who provide assistance in preventing and combating corruption, by state (Section VIII); - mechanisms of anticorruption examination and background check, requirements regarding transparency and access to information (Section IX); - liability for the corruption offenses and offenses associated with corruption and elimination of their consequences (Section XI); - legal and organizational foundations of prevention and counteraction corruption subject to the provisions of international agreements on these matters (Section XII). Law expands the list of subjects of corruption, who are covered by this law and restrictions regarding such subjects. These subjects include: persons who provide public services (appraisers, notaries, auditors, experts, mediators, arbitrators); persons who hold positions related to providing organizational or administrative services; legal entities of public law, which receive salary from local or state budget. Article 1 of Section 1 of the Law 1700 provides new terms: - «anti-corruption examination - activities for identification in regulatory legal acts, drafts of regulatory legal acts of provisions which independently or in combination with other regulations can promote making of the corruption offenses or offenses connected with corruption»; - «private interest - any interest in property or else, including due to personal, family, or other unofficial friendly relationship with natural or legal persons, including those arising from membership or activity in public, political, religious or other organizations» - «gift - cash or other property, advantages, benefits, services, intangible assets that have been provided / received for free or at a price below the minimum market price». Innovation of the law is the distinction of the definitions «corruption offense» and «offence related to corruption», «real conflict of interests» and «potential conflict of interest», «close persons» and «family members». Law 1700 imposes restrictions regarding using official authority or official status, taking gifts; combining of holding the office with other types of activity; termination of the activity associated with the functions of state, self-governed local authorities; co-operation of close persons. Law prohibits the relationship between people working in one company, organization, institution. Officials (heads of higher authorities, MPs, civil servants, military, who hold an office, judges, officials of fiscal authorities, department officers of the public prosecution office, Security Service of Ukraine, etc.) according to article 4 of Law 1700 cannot have close persons under their command. According to the Article 1 close persons are persons who live jointly, connected by general life and have the mutual rights and obligations with the subject, including persons who are not married, and also - irrespective of the specified conditions – children, married couple, parents, brothers and sisters, adoptive parents or adopted children. The definition «family members» is primarily used for the purposes of declaration. Law 1700 prohibits to receive gifts from and especially from those who are in direct subordination. Gifts accepted can match the widely accepted conception of the hospitality and their one-time cost cannot exceed 50% of the minimum wage. The total value of gifts from one source cannot not exceed one minimum wage. Law 1700 prohibits hiding or misrepresentation of public information, that must be disclosed under the Law. Law provides for dismissal of officials against whom administrative or criminal action was brought for the violation of anti-corruption legislation within three days starting from receiving of the court decision that took effect by the institution, company or self-governed local authority. The entire Section 2 of the Law 1700 is dedicated to the new executive authority with special status, which provides for formation and realization of state anti-corruption policy, - National Agency for Prevention of Corruption. Law regulates the procedure of creation, rights, list of powers, organization of member’s activity and president of agency activity; guarantees of independency, the issue of control of agency activity. Law does not provide for the mechanism of agency interaction with specially authorized entities in combating corruption. In Law 1700, special attention is drawn to the liability for corruption or corruption-related offenses and elimination of their consequences. For the commitment of corruption or corruption-related offense subjects determined by the law are brought to criminal, administrative, civil and disciplinary liability in accordance with the law. It is also provided, that damages caused to the state due to the commitment of corruption offense subject to confiscation upon the court decision. Money and other property received as a result of commitment of corruption offense, are to be confiscated by the court. The adoption of new anti-corruption legislation is the starting point in the process of counteracting, preventing and combating the corruption. For an effective anti-corruption system functioning, in addition to the provisions of the law, it is necessary to express strong political will and active public position in support of anti-corruption policy. It is necessary to raise population’s public intolerance to corruption, to convince people, that state is able to punish officials for offenses committed. References Ernst & Young Ukraine.[Official site, access mode: http://www.ey.com/ua/uk. Law of Ukraine «On Prevention of Corruption» after 14^th of October, 2014, №1700-18. Site: Legislation of Ukraine, access mode: http://zakon0.rada.gov.ua/laws/show/1700-18. Law of Ukraine «On principles of prevention and countering of corruption in Ukraine» after 7th of April, 2011, №3206-VI. Site: Legislation of Ukraine, access mode: http://zakon4.rada.gov.ua/laws/show/3206-17. Transparency International.Official site, 2015, access mode: https://www.transparency.org/. Transparency International Ukraine.Official site, 2016, access mode: http://ti-ukraine.org/.