The article reveals the digital intervention in the legal mechanisms of detection of corruption proceeds. It is determined that digital technologies in the prevention of corruption are tools to promote integrity in the public sphere of public relations by ensuring non-contact interaction of an official with other citizens, avoiding the physical delivery of gifts and bribes, formalizing procedures and eliminating anthropogenic and sociogenic factors. Legal mechanisms through digital technologies are capable of neutralizing corruption risks. Their ability to take into account the specificity of the corrupting influence of private interest on the public interest, energetically superior to human control, does not detect expression and/or other variants of subjectivity, which are ontologically corrupt in and of themselves. Innovativeness becomes an important feature of anti-corruption legislation implemented through digital tools, as they are constantly updated. Due to this connection, the anti-corruption legal mechanism acquires the features characteristic of the digital format of information circulation through telecommunications. This makes anti-corruption legislation a more dynamic system, which is minimally archaic, eliminates the dysfunction of algorithms of existing rules, because it is mathematically consistent. It is established that the process of changing the anti-corruption legislation due to the intervention of the digital format of data circulation has become natural. This contact between the numbers and the rules of law is strengthened. They are united by an initial element for recording specific legal and mathematical values, respectively. Numbers are the ontological essence of formalization of legal requirements in electronic format. The calculation of the functional purpose of anti-corruption legislation is mentally seen through the construction of abstract models of legal regulation of social relations, based on human virtues. It is emphasized that the intensified use of digital technologies will help to differentiate the nature of corrupt practices for all dimensions of public administration and/or economic relations. Particular effects are expected in the areas of state budgets/funds, taxes, finance, national defense, law enforcement, circulation of information, and culture. It is emphasized that the electronic algorithmization of anti-corruption procedures makes it possible to provide a valid correlation of the degree of corruption risks with the degree of thoughtfulness of the proposed legal norms to eliminate them. Such norms must be consistent with the values and other components of the political and legal system in which they are applied, as well as prevent problems of cross-border corruption, in particular within the framework of the EU, into which Ukraine is integrating. It is concluded that electronic methods of anti-corruption law enforcement together and separately reveal the specifics of their manifestation. It is important to combine them with traditional legal regulators of integrity in the sphere of public law, where human nature is respected. It is promising to identify the specifics of digital technologies used in transitional and sustainable legal forms of organization of political, economic and other social interaction.
How to Cite
corruption prevention, digital interference, European Union, integrity law, legal mechanisms, procedure, public official, technologies, telecommunication
OECD Work on Anti-corruption and Integrity. 24.09.2020. Available at: https://www.oecd.org/corruption-integrity/about/
Chan, H. T. (2018). Antikorruptsionnaya politika kak faktor politicheskoy stabil'nosti v sovremennom V'yetname: Dysertatsiia k.polit.n.: 23.00.04 [Anti-corruption policy as a factor of political stability in modern Vietnam: Dissertation of the Cand.Sc. (Politology): 23.00.04]. Moscow: Rossiyskiy universitet druzhby narodov. 178 p.
Kerimov, D. A. (2001). Metodologiya prava (predmet, funktsii, problemy filosofii prava) [Methodology of law (subject, functions, problems of philosophy of law)]. Moscow: Avanta+. 560 p.
Erar – appendix provides data on the use of public money in the Republic of Sloveni. Available at: https://erar.si/darila/
Monaco anti-money laundering. Available at: https://www.knowyourcountry.com/monaco1111
‘Switzerland failing to tackle money laundering’: Thelesklaf. September 21, 2020. Available at: https://www.swissinfo.ch/eng/-switzerland-failing-to-tackle-money-laundering---thelesklaf/46047196
Pidtrymka YES dlya elektronnoho uryaduvannya ta tsyfrovoyi ekonomiky v Ukrayini: Uhoda pro finansuvannya zakhodu vid 11.02.2020 [EU Support for eGovernment and the Digital Economy in Ukraine: An Event Financing Agreement 11.02.2020]. Available at: https://zakon.rada.gov.ua/laws/show/984_001-20#Text
Steblyanko, A.V., Reznik, O.M. (2017). Elektronne deklaruvannya yak forma kontrolyu za diyalʹnistyu pratsivnykiv pravookhoronnykh orhaniv [Electronic declaration as a form of control over the activities of law enforcement officers]. Scientific Bulletin of Uzhhorod National University. Series: Law. Iss. 44. P. 160–164.
D’Alterio, Е. (2017). Integrity of the public sector and controls: A new challenge for global administrative law? I•CON. Oxford University Press and New York University School of Law. Vol. 15. № 4, 1013–1038.
Huberts, L., Hoekstra, А. (eds.) (2016). Integrity Management in the Public Sector: The Dutch Approach. The Hague: The Dutch National Integrity Office. 222 р.
Ang, Y. Y. (2020). China's Gilded Age. The Paradox of Economic Boom and Vast Corruption. New York: Cambridge University Press. 258 р.
O’Mahony, S. (2019). Can Medicine Be Cured. The Corruption of a Profession. London: Head of Zeus Ltd. 227 p.