legislation

A Q&A for Figuring Out: What is the Difference Between a Gift and a Bribe Under Ukrainian Law

A Q&A for Figuring Out: What is the Difference Between a Gift and a Bribe Under Ukrainian Law

Gift or bribe: where is the borderline?

A gift means any item (e.g., money, consumer electronics) or intangible assets (e.g., services, discounts) the one provides free of charge or below market value. In our politics, there were cases when a discount for buying an apartment was considered a gift.

Read More

From the Illegal to Legal Enrichment Through Decision of the Constitutional Court, Part II/II

From the Illegal to Legal Enrichment Through Decision of the Constitutional Court, Part II/II

Unfortunately, human positivist laws have the nature of multiple interpretations, if contrasted to clear physical /natural laws.  For example, if a human falls out of the tenth floor in a multistory building, then the consequence would be a fatality for the fallen person.  The living human will become a dead one and would be buried under the existing traditions in the respective area.  Even if the Constitutional Court of Ukraine admitted the gravity of victimized body as unconstitutional and that its gravity ceases to exist after the official publication of such decision, the dead cannot be resurrected.

Read More

From the Illegal to Legal Enrichment Through Decision of the Constitutional Court, Part I/II

From the Illegal to Legal Enrichment  Through Decision of the Constitutional Court, Part I/II

Recently, Jonathan Sumption, the ex-judge of the Supreme Court in Great Britain (his nickname is “The Brain of Britain”), in his interview with the British magazine for lawyers “Counsel Magazine”, referring to future lawyers, said: "Do not read the law if you intend to practice it and you can afford a slightly longer path to qualification. Discover the culture first, if you can, and history. " That is, in the words of this respected lawyer, before learning the law and laws it would be worth learning the culture and history…

Read More

To Bribe or Not to Bribe: A Look From Different Angle

To Bribe or Not to Bribe: A Look From Different Angle

Do you think that bribery may be acceptable in certain cases?

I suspect that your initial reaction was “No way! There is no excuse for bribery.” Frankly, I hope it would be a natural reaction of any reader of our blog. Nevertheless, I still ask you to give it a thought before you react. You will see that the answer may be not so obvious.

Read More

No More Swedish House Mafia: the Swedish Secret Ingredient to Eradicate Corruption, Part I/III

No More Swedish House Mafia: the Swedish Secret Ingredient to Eradicate Corruption, Part I/III

With this post, I would like to share with you, Periscopers, what I learned of corruption in Sweden during my stay in Malmo for two exciting weeks. My inspiration derives from my recent participation in SI Summer Academy for Young Professionals. First of all, I would like to express my gratitude to the Swedish Institute for granting me this opportunity and encourage all of you to apply for the Sustainable Public Management Program next year…

Read More

A Step in the Right Direction or What Ukraine Has Already Done for the Corruption Prevention in the Judiciary

A Step in the Right Direction or What Ukraine Has Already Done for the Corruption Prevention in the Judiciary

As you may know, the Group of States against Corruption (GRECO) monitors the compliance of its 49 member states with the Council of Europe’s anti-corruption requirements. Since its accession in January 2006, Ukraine has been subject to 3 evaluations and on the 8th August 2017, GRECO published its Report about fourth Evaluation Round in Ukraine.

Read More

How can Ukraine Benefit from Anti-corruption Practices of Asian Tigers? Part 2 - South Korea

How can Ukraine Benefit from Anti-corruption Practices of Asian Tigers? Part 2 - South Korea

After my post on Singapore, this time I will focus on another Asian Tiger - South Korea. According to Corruption Perceptions Index 2016, South Korea holds the 52nd rank, between Rwanda and Namibia. In comparison to Ukraine's 131st rank position, it is not bad. But South Korea, unlike Ukraine, has long been one of the fastest growing economies in the world, often referred to as the "economic miracle on the river Han". Remaining Asian Tigers have a better situation with corruption perception: Singapore ranked 7th, Hong Kong - 15th and Taiwan - 31st...

Read More