THE ADVISABILITY OF INCLUDING JUDGE'S CLERKS AMONG THE ENTITIES SPECIFIED IN PARAGRAPH 1 OF PART 1 OF ARTICLE 3 OF THE LAW OF UKRAINE “ON THE PREVENTION OF CORRUPTION”

Abstract

This article is devoted to a comprehensive analysis of the issue of determining the scope of entities subject to Ukraine’s anti-corruption legislation, through the lens of the advisability of including judicial assistants in the list of persons authorized to perform functions of the state or local self-government. Based on a study of current legal regulations, the actual nature of the activities and powers of judicial assistants, it has been established that their actual status and the nature of the functions they perform–in particular, the preparation of draft court decisions, access to case files, and interaction with participants in court proceedings–may create opportunities for involvement in corrupt acts. Particular attention is paid to the problem of the hidden nature of corruption offenses within the judiciary and the role of judicial assistants in the implementation of corruption schemes. Possible avenues for legislative regulation are proposed, such as including judicial assistants among the entities subject to anti-corruption legislation or classifying them as civil servants. The author’s vision for the proposed legislative changes is aimed at establishing a comprehensive and coordinated legal framework that will eliminate existing gaps in anticorruption oversight and minimize corruption risks in the work of judicial assistants. In addition, the proposed changes will have a clear preventive nature and will help strengthen public trust in the judicial system.