Legal principles of approaching the court in the interests of other persons of public authorities and officials and their participation in cases of offenses related to corruption committed by public officials

Abstract

In the paper the study of the legal basis of applying to court in the interests of other persons of public authorities and officials and their participation in cases of offenses related to corruption committed by public officials is done. Such subjects are the Human Rights Commissioner of the Verkhovna Rada of Ukraine, the prosecutor and the National Agency for the Prevention of Corruption, for matters of representation of the interests of other persons in cases of offenses related to corruption committed by public officials, such bodies are the Specialized Anti-Corruption Prosecutor's Office and National Agency for the Prevention of Corruption. The authors came to the conclusion that the representation of the interests of a citizen or the state in court in cases provided for by the Law of Ukraine "On the Prosecutor's Office" and related to corruption or corruption-related offenses, as well as the representation within the limits of its competence of the interests of the state in cases of recognition as unfounded assets and their collection into state income is carried out by the Specialized Anti-Corruption Prosecutor's Office. The status of the National Agency for the Prevention of Corruption in legal relations regarding the representation of the interests of other persons is dual (dualistic) – on the one hand, it carries out an administrative investigation, that is, proceedings in cases of offenses related to corruption at the first stage, on the other hand, the agency has the right to apply to the court with a lawsuit (statement) in the interests of the whistleblower, to participate in the consideration of cases based on such lawsuits (statements), as well as at any stage of the proceedings to enter into a case in which proceedings are opened based on the lawsuits (statements) of whistleblowers, to file an appeal, cassation complaint, an application for review of a court decision based on newly discovered or exceptional circumstances, including in a case in which the proceedings were opened based on the claim (statement) of the whistleblower. In addition, the National Agency for the Prevention of Corruption may actually act in the interests of the state, contesting in the appeal or cassation procedure the decisions made in administrative lawsuits to recognize the decisions of the National Agency as illegal.