Legal Principle of Presumption of Guilt for Officials as a Means of Solving the Problem of Corruption in a State: International and National Experience
| Main Author: | Anton S. Los |
|---|---|
| Format: | Article Journal |
| Bahasa: | ukr |
| Terbitan: |
, 2019
|
| Subjects: | |
| Online Access: |
https://zenodo.org/record/3267208 |
Daftar Isi:
- The article conducts a study of the international and national experience of introducing the presumption of guilt principle for officials who are suspected of corruption crimes into legislation of certain states, determining the effectiveness of such implementations, fixing the possibility of introducing the principle of presumption of guilt in international law, assesses the decisions of the competent authorities of Ukraine regarding Ukrainian anti-corruption legislation which enshrined in the legal system of Ukraine legal presumption of guilt principle. The author conducts a study to determine whether the restriction of the legal principle of the presumption of innocence, that is, the introduction of the presumption of guilt, is applied to facilitate and enhance the effectiveness of the fight against corruption, in particular, to easily prove the crime and find evidence of illegal enrichment. Is there a definition of the possibility of introducing a presumption of guilt in relation to crimes for officials concerning corruption by UN international conventions and international conferences for member states, the content and resolution of which they have ratified. The author determines whether the limitation of the presumption of innocence can be limited to a narrower sphere, namely, to act in relation to measures to confiscate property for criminal acts. The author also conducts a study on whether the introduction of the presumption of guilt for officials can take place against the background of the complete abolition of the presumption of innocence at the legislative level, whether there is evidence of the advisability of introducing such fundamental legislative changes