"Quality" of Standardization of Admission to Municipal Passenger Transportation as a Corruption Risk "Filter" in Activity of Public Servants

Abstract

Relevance. In terms of revising the provisions of legal regulation of relations in the field of transport with the borrowing of competitive principles of the European institutes to ensure the integration of transport into European and world transport area, with revision of models of relations between relevant public administration entities and private entities, ensuring balance of their interests , including in the context of national and supranational threats and focus on expanding the implementation of rights, freedoms and legitimate interests of the latter in the field of transport, strengthening of the principles of decentralization of power in the system of public authorities occurs, resulting in a significant increase in the number and diversity of regulatory and legal acts aimed at settling the above relations. Unfortunately, at the same time the processes of "growth" and a variety of forms of corruption in the activities of public servants, whose professional sphere is directly related to transport relations with the involvement of municipal transport, are also active. Analysis of law enforcement activities of anti-corruption entities in all its manifestations shows a fairly steady trend towards an increase in the number of detected acts of corruption committed by public servants directly related to the exercise of their authority over the procedure for admission to municipal passenger transportation. The specifics of the legislative regulation of the latter presupposes the presence of many "defects", which create the basis for variable manifestations, including illegal, of the activities of public servants with a subjective arbitrary interpretation of the latest provisions of the law. "Low-quality" regulation of the provisions of the activity of public servants to exercise power over the admission to municipal passenger transportation has a negative impact not only on the implementation of passenger rights (of various categories), but also provision of the public interest, and contributes to the formation of a national threat with a "corrosive" sign of power within administrative and territorial units, especially the country in general. An integrated approach to clarifying the problems of "municipal passenger transportation" with an emphasis on eliminating corruption risks in the activities of public servants at the stage of exercising their power to admit to transportation, which will contribute to the "quality" of such entities and will form an effective regulatory framework for the relevant component of transport in general, its effective existence, the realization of the public interest and its correlation with the interests of individuals. The purpose of the paper is the justification of the relationship of the "quality" of standardization of the procedure for admission of entities to municipal passenger transportation and corruption risks in the professional activities of public servants, which is related to this area, formulating proposals for their multi-balance ratio to minimize these risks and "qualitative" standardization of the relevant component of passenger transportation and transport relations in general based on the analysis of various sources. The objects of the article are public relations directly related to municipal passenger transportation. The subject of the article is the "quality" of standardization of relations in admission to municipal passenger transportation and its connection with corruption risks in activity of public servants connected with the specified sphere of relations. Methods of research. Both general legal and special methods of scientific cognition were used in research. As the basis, the dialectic method was used, which allowed to reveal problematic issues in dynamics; juridical and logical method allowed to form options for borrowing positive and avoiding negative experience of relevant rulemaking and law enforcement in foreign countries; forecasting and modeling were used for making proposals to strengthen "quality" of standardization of the procedure of admission to municipal passenger transportation in order to eliminate corruption risks in the activities of public servants. Results. Admission to municipal passenger transportation should be considered as a form of public procedure, the subjects of which are servants of local public authorities. Given the specifics of municipal transport in general, any activity associated with its use, objectively anticipates the risks of possible, including illegal, priority satisfaction of private interests of public servants and the interests of relatives during the exercise of the public authority, which causes "corrosion" of public authority. The procedure of admission to the relevant transportation, the "corruption freedom" of which depends on the "quality" of normalization of its provisions, is not an exception. The relationship between the "quality" of legislation and the "corruption risk" of professional activity of public servants, which is associated with the procedure of admission to the services mentioned, is interdependent (the lower the quality of legislation, the higher the risks of "corrosion" of professional activity of public servants and vice versa). In order to improve the "quality" of standardization of the procedure for admission to the transportation and minimize corruption risks in the professional activities of public servants associated with the above procedure, it is appropriate to strengthen the provisions of certainty of the content of relevant legislation, their systematization (including in the form of codification), streamlining the thematic definition series, meaningful consolidation of the principles of transparency, publicity, participation, public-private partnership, guarantee of all elements and admission procedures in general.