DOI: 10.7256/2306-9899.2016.1.15237

Abstract: The author in detail considers institutional aspect of anti-corruption policy of member-states of the European Union. The special attention is paid to the legal prerequisites of creation of special agencies on counteractions of corruption at the national levels. Among the specialized services on counteraction of corruption existing now in many member-states of the European Union, the author conditionally allocates bodies for the prevention of corruption and bodies for fight against corruption crimes. Activity of the last is considered on the example of Austria, Belgium, Great Britain, Italy, Ireland, Spain, Latvia, Netherlands, Poland, and France. The research of law enforcement and other agencies with regards to the fight against corruption in member-states of the European Union was carried out on the basis of the comparative and legal method which allowed studying the general and specific regularities of anti-corruption policy of the certain states of the considered integration association. Options of the organization of bodies for fight against corruption in certain EU member-states differ in a variety. In some countries went on the way of expansion of functional obligations of the existing law enforcement agencies. In others – specialized prosecutor's offices and special services on fight against corruption are created. In parliaments of a number of the countries constantly operating commissions authorized to exercise control, investigation and verification of the relevant data on corruption are formed. In the countries with traditionally high point of an index of perception of corruption and insignificant scale of corruption crimes specialized law-enforcement services on fight against corruption are absent.

DOI: 10.7256/2409-7136.2015.8.15494

Abstract: The author considers the issues of criminalization of bribery in criminal legislation of the EU member states focusing on the implementation of international legal norms about the responsibility for subornation of foreign and international officials in national criminal legislation. Special attention in article is paid to the interpretation of the concept "official" and other signs of structure of bribery in criminal laws of the EU member states. The author differentiates mediation in bribery and traffic of influence. The study of criminal-legal provisions about the responsibility for bribery in the member states of the European Union is carried out on the basis of the comparative-legal method which allowed to study the general and specific regularities of criminalization of bribery in certain countries of the EU. The research allows formulating the following conclusions: bribery as a form of manifestation of corruption is criminalized in all member states of the European Union; legal norms establishing criminal liability for bribery are various; bribery as a generalized concept includes two independent but inseparably interrelated acts – giving and accepting bribes (respectively active and passive bribery); in most European countries the legislator estimates accepting of bribe as more dangerous act than giving and, respectively, establishes tougher measures of criminal liability for passive bribery. 

DOI: 10.7256/2306-9899.2015.4.15262

Abstract: This article presents the detailed review of the institutional aspect of witness protection in member-states of the European Union. The special attention is given to the legal prerequisites of the organization of witness protection programs at the national levels. The work of national programs is considered on the examples of Austria, Germany, Italy, France, and Great Britain. In the structural sense, the witness protection program is conditionally divided by the author into two components: governing body (body of protection) and implementing agency (division of protection). Certain specifics in selection of witnesses for participation in the program and filing of application on inclusion in the program are noted. Options of interstate cooperation on witness protection and the coordinating role of Europol in this sphere are considered. Research of law enforcement and other agencies on protection of witnesses in the European Union member-states was carried out on the basis of the comparative and legal method, which allowed to study the general and specific regularities of the organization of appropriate programs in the certain states of the considered integration association. Scientific novelty of this research consists in author’s formulation of the key differences in the European approach towards understanding of witness protection program. The latter are perceived as a unique instrument for ensuring the safety of witnesses and support to criminal justice system as a whole. The author determines the perspective vectors of further development for the considered area of law-enforcement activity.

DOI: 10.7256/2409-7810.2015.2.15457

Abstract: During the last ten years state protection has become an effective measure of safety provision for the participants of criminal legal proceedings. The relations between the person under protection and the institution carrying out the security measures are based on the treaty on the conditions of security measures application, mutual obligations and mutual responsibility of the parties. The article considers the "gaps" of the Federal law of August 20, 2004 No. 119-FZ "On state protection of victims, witnesses and other participants of criminal legal proceedings", and the urgent problems of law-enforcement practice. One of the methods of primary information collection for the preliminary consideration of the object of the research was the study of documents reflecting the results of investigative activities of units responsible for the provision of safety of the persons under state protection and territorial bodies of the Ministry of Internal Affairs of Russia. The study and generalization of practical experience were aimed at the analysis of the conditions of practice, identification of drawbacks and conflicts, new elements in the activities of state protection units' agents. The authors propose a new classification of the grounds for security measures cancellation depending on the behavioural model of the person under protection in typical situations of violation of the treaty on the conditions of security measures application, mutual obligations and mutual responsibility of the parties. The authors come to the conclusions about a key role of assessment of information about such violations of treaty and confirm the timeliness of introduction of a new function of the institutions responsible for security measures application ˗ psychological maintenance of the person under protection – for the effective implementation of state protection and the prevention of violation of obligations by the person under protection when concluding a treaty on the conditions of security measures application, mutual obligations and mutual responsibility of the parties.