RESTRICTIONS FOR PERSONS WHO HAVE COMMITTED ADMINISTRATIVE OFFENSES RELATED TO CORRUPTION ON ENTERING THE PUBLIC SERVICE: A COMPARATIVE LEGAL ANALYSIS

Abstract

The article states that an important element in determining the criteria for entering the public service is the integrity of the candidates. When entering various types of public service, the legislation of Ukraine establishes requirements aimed at reducing the risks of accepting non-honorable employees for such service. However, the legal regulation of such requirements is different, depending on the type of public service and the law that regulates it, and is not always justified and objective. It is noted that the public service has its own specifics, which makes it vulnerable to corruption risks, as a result, the requirements for candidates seeking to work in local executive bodies, local self-government bodies, judicial or law enforcement bodies should be adequate and correspond to the risks of the service. Four types of restrictions contained in the legislation on public service have been classified and disclosed, which are related to the applicant having a negative experience of being brought to administrative responsibility for committing offenses related to corruption, namely, to public political positions in executive bodies, positions of judges, members of the High Qualification Commission of Judges of Ukraine, law enforcement officers of the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, the Bureau of Economic Security of Ukraine, customs authorities, the State Border Guard Service of Ukraine, the Security Service of Ukraine, the prosecutor’s office, the police, employees of the civil service, the diplomatic service, officials in local self-government bodies. Unfounded differences and lack of regularities in the requirements for entering certain types of public service were identified, a new approach was proposed in terms of the prohibition of entry into public service depending on its type, civil and militarized, including law enforcement.