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: 10.7256/2306-9899.2015.3.15487

Abstract: This article presents a detailed review of the criminal legal aspect of the fight against corruption within the EU member-states. A special attention is given to the implementation of the international legal norms of the United Nations Convention against Corruption into national criminal legislation. The criminal legal norms on responsibility for abuse of power are being reviewed on the example of the criminal laws of Belgium, Germany, Spain, Italy, Latvia, Netherlands, France, and Estonia. The criminal legal norms on responsibility for illegal enrichment are being reviewed on the example of the criminal laws of Belgium, Denmark, Ireland, and France. Examination of the criminal legislation of the EU member-states was conducted based on the comparative legal method, which allowed studying the general and specific regularities in establishment of criminal responsibility for abuse of official position and illegal enrichment in separate countries of the integrational union in question. The scientific novelty consists in the original formulation of the trends of development of the modern criminal legislation within the member-states of the European Union on responsibility for crimes of corruption: first, the broadening of the subject structure of persons guilty of committing a crime of corruption, and second, expanding the criminal legal protection onto private sector.