THE ESSENCE OF CORRUPTION IN THE JUDICIAL SYSTEM
DOI:
https://doi.org/10.32631/Keywords:
corruption, corruption offenses, judicial system, judges, court employeesAbstract
It is argued that the general characteristics of the concept of "corruption"
are the following: 1) the presence of a special subject of the commission of a
corruption offense - a person endowed with power; 2) the commission of
unlawful acts (actions or inactions), that is, the use of one's official position in
violation of public interests, the implementation of which is the duty of the relevant person; 3) the presence of selfish motives for committing such an act; 4)
negative consequences.
It was found that corruption in the judicial system of Ukraine is a socially
dangerous phenomenon, which is expressed in the use by judges or employees of
judicial bodies of their official position, contrary to the principles of legality and
justice, in order to obtain personal benefit or advantages for other persons, which
is manifested in the adoption of unjust (unfair) decisions, bias and subordination
to third-party interests and as a result undermines the rule of law and citizens'
trust in the judiciary.
It was found that corruption in the judicial system has the following
negative consequences: first, the actual denial of the principles of the rule of law,
legality and equality before the law; second, impunity of corrupt officials, as well
as business and political elites; third, undermining citizens' trust in the state and
its institutions; fourth, inhibiting investments in the country's economy, and
therefore the country's financial and economic development; fifth, the formation
of an atmosphere of cynicism and legal nihilism in society; sixth, the
strengthening of shadow schemes and the criminalization of social relations.
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