Review

This article is devoted to research one of the most urgent problems of modern jurisprudence – namely factors revealing corruptogenic factors criminal procedural legislation of Ukraine to formulate scientifically based proposals to eliminate them and create an effective mechanism obstruct corruption offenses in the commission of the criminal proceedings.

Corruption in the field of criminal proceedings is particularly dangerous, because in this segment of the state activity with appropriate grounds apply criminal procedural coercion, which significantly limits the constitutional rights, freedoms and legitimate interests of man. In connection with this very topical issue processing system of measures aimed at preventing risks and maximum exclusion Corruption abuses in this area.

A prerequisite of corrupt practices in the criminal proceedings is, as noted above, the imperfection of the current criminal procedural legislation of Ukraine, the presence of a rules (regulations) containing produce corruption risks and the lack of anti-corruption standards model of criminal proceedings.

The shape of the materialization of the existing corruption practices can be divided into two types: (a) the wrongful acts and omissions of subjects of corruption practices in criminal proceedings and (b) adoption of the law in violation of procedural decisions.

On the content of corrupt practices are divided into (a) violation of the law and (b) abuse by officials discretionary powers given to them, that their use against their true meaning, purpose and intended use.

Given the specificity of the criminal procedural realm of legal regulation, we consider it necessary to include objective factors related to the imperfection of the legislation regulating criminal proceedings the following circumstances: 1) legal and linguistic corruptogenity or imperfect legislative technique; 2) improper quality regulation requirements (standards) for the form and content of the criminal procedural decisions; 3) excessive requirements for realization of the rights of an individual-participant of the criminal proceedings, which has it own interest; 4) fill legislative gaps with the help of subordinate regulations and guiding instructions judiciary; 5) uncertainty of the timing of the adoption of the CPD and commitment of action or an inadequate definition; 6) lack of transparency of the decision making certain procedural and commitment of actions (lack of clear procedures); 7) the absence in some cases mechanism for appealing decisions, actions and omissions of organs and entities engaged in criminal proceedings, or the establishment of such a procedure it does not ensure effective protection of the rights and legitimate interests of the participants of criminal proceedings and at the same time allows an authorized person to take procedural decisions guided not so much by law as corruption character self-interest; 8) imperfect of normative regulation implementation of control powers over compliance with the law in carrying out criminal proceedings; 9) improper regulation powers of official subjects of criminal proceedings; 10) excessive expansion of discretionary powers.

The results of the analysis, which is definitely not meant to be exhaustive examining the problem, but rather creates the basis for further research described in this article corruption factors of criminal procedural legislation of Ukraine, can be used to formulate scientifically based proposals for the prevention, detection and correction (by amendments and supplements) of the criminal procedure law that contain corruptogenic factors. Consideration of these proposals will increase the efficiency of the prevention and combating corruption in criminal proceedings.

Keywords: criminal procedural legislation of Ukraine, criminal proceedings, corruption offenses, corruptogenic factors, corrupt practices, discretionary powers, competence, requirements, criminal procedural decisions.