| dc.contributor.author | Toma, Mariana | |
| dc.date.accessioned | 2022-11-03T18:07:29Z | |
| dc.date.available | 2022-11-03T18:07:29Z | |
| dc.date.issued | 2020 | |
| dc.identifier.citation | Zharovska H., Yuschyk O., Bodnaruk O., Husar L.,Toma M.. Determination of the term “Government official” in the Context of the United Nations Convention against Corruption. Revista San Gregorio, (42). (2020). Р. 121–129. ISSN-1390-7247. | uk_UA |
| dc.identifier.issn | 1390-7247 | |
| dc.identifier.uri | https://archer.chnu.edu.ua/xmlui/handle/123456789/4923 | |
| dc.description.abstract | The article deals with the problems of determining the concept of “public official” and definiteness of
terms in the context of enforcement of the United Nations Convention against Corruption. The author
carried out the analysis of the specified category, identified its attributes and features of the
international legal enshrinement both in the text of the Convention, and in the text of other
international legal acts in the field of anti-corruption, mainly of regional value. It is established that the
definition of “government official” unified by the Convention makes it possible to clearly and
unambiguously determine the range of subjects of corruption to which international legal influence of
not only the Convention itself, but also the corresponding coordinated activities of international anticorruption institutions and national governments of the states ratifying the Convention applies. At the
same time, it is proved that there is a distinction between the concepts of “official” and its separate
special type – “government official” at the level of international legal regulation, which is a shortcoming
of the Convention. In particular, it is established that the Convention is limited by the category of only
those civil servants who hold positions in public authorities financed from the state budget and perform
state functions only. In this context, it is concluded that there is a need for significant terminological
clarification of the legal regulation provided by the Convention through the implementation of the
category of “local self-government officials”. In addition, the article pays special attention to the issue
of enshrining the concept of “government official” for the enforcement of the provisions of the
Convention in the legislation of a number of countries that have ratified it. It is proved that most
national legislations contain exhaustive features of a “government official” only in acts of criminal law.
Most acts of national law do not contain the category of a “government official”, but the set of concepts
and categories of positions defined in such national lawfully meets the needs of the Convention, and is
generally covered by this concept within the meaning of the Convention itself. But the need to
prosecute individuals for corruption offenses committed not only by public authority officials explains
the need for a broader interpretation of this definition at the level of national law. At the level of
scientific discourse, the existence of stable trends to replacement of the category of “government
official” with a broader category in its content –“public official” or the category of “public authority
official”. This corresponds to the general trend of changing the essence of public governance for a
new paradigm – public administration, when public officials not only perform administrative functions,
but also meet public needs by providing appropriate administrative services. In this context, the author
also considers it necessary to amend the Convention. | uk_UA |
| dc.language.iso | en | uk_UA |
| dc.publisher | Revista San Gregorio | uk_UA |
| dc.relation.ispartofseries | № 42; | |
| dc.subject | Corruption Offenses, Government Official, Public Authority Official, Public Governance, Public Administration, UN Convention against Corruption. | uk_UA |
| dc.title | Determination of the term “Government official” in the Context of the United Nations Convention against Corruption | uk_UA |
| dc.type | Article | uk_UA |
