The purpose of the article is to analyze the concepts of “nepotism”, “favoritism” and “cronyism” as the forms of conflict of interest, as well as to identify the relationship between the dissemination of these phenomena in the context of conflict of interest and the determinants of the latter. Methodology. Taking into account the purpose of the article, the links between the corruption and nepotism, cronyism, favoritism as forms of conflict of interest have been defined based on the method of a systematic analysis. The logical method, as well as comparative and legal method helped to analyze the concepts of “nepotism”, “сronуіsm”, “favoritism” and “clientelism”. The method of induction and deduction enabled to distinguish the key features of favoritism, cronyism, and nepotism. The method of hermeneutics allowed to interpret the above concepts through the prism of the features of corruption. The system and structural method made it possible to make a logical connection between the conflict of interest and the manifestation of favoritism, nepotism and cronyism. The legal modeling method was helpful in drawing conclusions of the research. The results of the study. The pros and cons of using family ties and friendly relations, depending on the scope of nepotism, favoritism and cronyism have been identified as a result of a study. The connection between these phenomena and the spread of conflicts of interest in the public service has been examined. Practical implications. An attempt to identify favoritism, nepotism and cronyism as the form of conflict of interest has been made, as well as some recommendations to amend the relevant legal acts have been provided. Value / originality. For the first time, the authors examined the possibility of having positive results from using nepotism, cronyism and favoritism in forming business environment.
The article is dedicated to the fifteenth anniversary of the adoption of the Code of Administrative Procedure of Ukraine. In the context of this significant event, the origins of the formation and development of administrative justice in Ukraine have been studied. Practice shows that the importance of administrative justice in the formation and development of Ukraine as a democratic, legal, social state is extraordinary.
It was found that the conceptual approach in terms of the formation of administrative justice, which was originally laid down in the Concept of Judicial and Legal Reform in 1992, was later properly enshrined in the Code of Administrative Procedure of Ukraine in 2006. The essence of the concept is a fair, impartial and timely resolution of disputes in the field of public law by an administrative court in order to effectively protect the rights, freedoms and interests of individuals from violations by the subjects of power. The article analyzes the experience gained in administrative proceedings and highlights some problems of its practical implementation.
It is determined that in order to timely resolve disputes in the field of state and legal relations, to ensure equal distribution of workload among judges of the Administrative Court of Cassation within the Supreme Court and to ensure effective protection of rights, freedoms and interests of individuals, rights and interests of legal entities from violations on the part of the subjects of power, it is necessary to make some changes to the legislation on the judiciary of Ukraine. The legislative changes defined in the article will positively affect the practical implementation of the principles of the rule of law and legality in the state mechanism.
Key words: administrative proceedings, principle of specialization, specialized chambers, equality of legal opportunities of material and procedural nature.
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