LEGAL REGULATION OF FUNCTIONS ATYPICAL FOR THE NATIONAL AGENCY FOR CORRUPTION PREVENTION

Abstract

The scientific article examines the current issues of legal regulation concerning the performance of functions and powers uncharacteristic of the National Agency on Corruption Prevention (hereinafter — NACP) during martial law. Under the conditions of the full-scale armed aggression of the Russian Federation against Ukraine, state institutions face new challenges that require operational adaptation and functional expansion to counter threats to national security. Particular attention is given to the activities of the NACP, which during this period underwent certain changes, specifically regarding the execution of additional powers such as: forming sanctions lists, searching for and identifying the assets of sanctioned individuals, as well as monitoring and identifying collaborators. These tasks extend beyond the classical competence of the agency, as defined by the Law of Ukraine “On Prevention of Corruption,” and raise discussions regarding their compliance with the current anti-corruption legislation.

The article analyzes the legal grounds and justification for assigning additional functions to the NACP in the context of administrative and legal principles for delineating the powers of state bodies. It is noted that while the performance of these tasks responds to the challenges caused by martial law, they create risks for the effective implementation of the agency's primary function — corruption prevention. Particular attention is paid to the issue of potential duplication of NACP’s functions with the powers of other state authorities, particularly law enforcement agencies.

The article emphasizes the need to review and improve the legal regulation of NACP’s powers, taking into account the extraordinary conditions of martial law. To ensure a proper balance between the agency's functional expansion and compliance with legislative norms, it is proposed to regulate the new powers of the NACP and provide legal mechanisms for their implementation and control. It is crucial to maintain the transparency and accountability of the NACP's activities as a key institution within Ukraine's anti-corruption infrastructure.

In addition, the article examines legislative attempts to enhance the NACP's efficiency through improving the regulatory framework and coordination with other state bodies. It is concluded that the legal regulation of the NACP's activities must remain stable and consistent, even under martial law conditions, to ensure public and international partners' trust in the state’s anti-corruption policy.