MEASURES TO PREVENT CORRUPTION IN THE ACTIVITIES OF PUBLIC SERVICE PROVIDERS

Abstract

The article is devoted to the study of corruption prevention measures applied to public service providers as quasi-functionaries of the public sector. The status of public service providers as quasi-functionaries of the public sector is determined. The expediency of using the category of “quasi-functionaries” is substantiated for persons who are equated with persons authorized to perform state or local government functions. The legal status of the specified category of entities that combine public functions with private law activities is analyzed. A systematic analysis of corruption prevention measures defined by the Law of Ukraine “On Prevention of Corruption” is carried out, and it is established that only some of them apply to public service providers.An analysis of corruption prevention measures is carried out from the standpoint of the expediency of their application to public service providers as quasi-functionaries of the public sector. The feasibility of applying to public service providers such measures as: restrictions on the use of official powers, restrictions on receiving gifts, prevention and resolution of conflicts of interest, rules of ethical conduct and transparency requirements has been substantiated. Deficiencies in legal regulation have been identified, in particular, the lack of mechanisms for resolving conflicts of interest adapted to the specifics of quasi-officials in the public sector, and the non-extension of restrictions to public service providers after the termination of activities related to the provision of public services. A differentiated approach to anti-corruption regulation of different categories of public service providers has been proposed, taking into account the specifics of their activities and the level of corruption risks. Recommendations have been developed to improve anti-corruption legislation, including the creation of specialized codes of ethics and the adaptation of general anti-corruption principles to the hybrid nature of quasi-officials in the public sector.