Makarenkov, Oleksii
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Último Nome
Makarenkov
Primeiro Nome
Oleksii
Nome
Oleksii Makarenkov
Biografia
Doctor of Juridical Science / Doutor em Direito.
Colaborador (investigador do IJP).
Identificadores
FC1B-4794-C5E6Projetos de investigação
Unidades organizacionais
IJP - Instituto Jurídico Portucalense
O Instituto Jurídico Portucalense (IJP) é um centro de investigação em ciências jurídicas que tem como objetivo principal promover, apoiar e divulgar a investigação científica nessa área do saber produzida na Universidade Portucalense e nos Institutos Politécnicos de Leiria e de Lisboa, suas parceiras estratégicas.
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Publicação Acesso Aberto Means of International Law to eliminate corruption threats to national security2024-06-10 - Makarenkov, OleksiiThe subject of the article is the means of international law to eliminate corruption threats to national security. The research methodology involved the use of logical, historical and legal, systemic, natural law, formal and dogmatic, hermeneutical, economic and legal (analysis, comparison), axiological, statistical and economic methods. The purpose of the article is to reveal the means of international law to eliminate corruption threats to national security. Carrying out the study made it possible to draw the following conclusions. It was found that most countries of the world have implemented international anti-corruption norms into their national legal frameworks and have the support of international organisations specialising in the fight against corruption. The resources of foreign legal doctrine become an important source of support for domestic scientists to convince of the correctness of their scientific conclusions regarding successful anti-corruption measures. An extensive system of international anti-corruption assistance allows to minimise the costs of own relevant infrastructure. On this basis and against the background of access to powerful anti-corruption resources at the European and world level, there is essentially sabotage of anti-corruption policy in Ukraine, which has critically affected the security of the Ukrainian nation. It was emphasised that military threats from the outside are an exceptional danger for corrupt countries. At the same time, even the stabilising effect of microcorruption becomes dangerous for them in today's unstable development environment. All the positive effects of corruption in the form of improved communication through small gifts that comply with legal customs disappear when top corruption spreads in a country. Then this level of corruption multiplies a series of official crimes, treason and other crimes that destroy the foundations of national security. Already after the point of no return – the beginning of military aggression from outside against the background of prolonged high-level corruption inside the country – external support for anti-corruption reforms becomes a condition for the survival of the nation, the reduction of human losses in the war, and so forth. The need to neutralise these two challenges to national security becomes urgent after years of procrastination on accountability and other dimensions of integrity in public positions. In these cases, the national legal standard falls under the critical conditions of ultra-fast transformation, according to the successful anti-corruption models of countries that saved their nation from war and high-level corruption. It is noted that the standards set for Ukraine are quite close. These are EU standards, which are achieved through the adoption and implementation of those legal norms that reflect the current state of ensuring human opportunities. It is stressed that the specification of anti-corruption norms and the structural units of their implementation in legal reality are nativemorphic. They always differ in the degree of unification within the contexts common to nations, namely, legal traditions, mentality, historical conditions, economy, etc. Transnational anti-corruption assistance in the mutual enrichment of some nations through the possibility of using the experience of other nations. The author concludes that knowledge about the practices of building virtuous relations is the capital of the nation that possesses it. Conscious disregard of this knowledge by the recipient should be remedied by charging a fee for it. It is proposed to establish an International Organisation for Integrity Development, which would include the top 20 countries in terms of corruption and rule of law perception indices.Publicação Acesso Aberto Epistemological context of transformation of anti-corruption legal requirements in the context of Ukraine's European Economic Integration2023-12-28 - Kolomoiets, Tatiana; Makarenkov, OleksiiThe article reveals the epistemological context of transformations of anti-corruption legal requirements in the conditions of European economic integration of Ukraine. It has been established that the elimination of the dominance of human defects by the tools of legislation and law enforcement practices becomes effective when the reproducible knowledge reflects the scientific awareness. The subject of knowledge is the whole complex of issues of fostering the manifestation of good virtues and their suppression. Otherwise, both economic reproduction and economic progress are excluded. For Ukraine, both processes now depend on an understanding of the respective progressive solutions that the highly developed nations of the EU have to offer. In fact, integration into the EU is historically determined and currently historically inevitable, and therefore requires meaningful dynamic transformations of domestic legislation. The most urgent direction of these transformations requires interdisciplinary knowledge related to the fight against corruption and its minimisation. It has been established that the epistemological context of the creation and application of anti-corruption legal norms consists of scientifically proven, comprehensive knowledge about the mechanism of neutralisation of corruption by means of coercion and stimulation. The methodology of gaining knowledge through human consciousness involves the use of logical resources, namely 1) rational conclusions of formal logic; 2) contradictions and patterns of dialectical logic; 3) actions and events of historical logic; 4) artefacts of art logic. The truth of knowledge, verified by these means of reasoning and empirical experience, is then partly expressed by mathematical and linguistic symbols, and the rest is conveyed in an intuitive way. The understanding of that which does not fit into the forms of words and numbers is done mentally and sensitively. At this point, it should be emphasised that the praxeological dimension of pure epistemology requires taking into account the characteristics of the cognitive subjects of a specific social community. This requirement extends the scientist's sphere of responsibility beyond epistemology and involves mastering knowledge of its historical determinants. It is concluded that the teleological attitudes of the Ukrainian nation include the study of the values of European nations, which have united for the purpose of economic well-being. Integration into the EU requires knowledge of the mechanisms for combating human vices, eliminating corrupt distortions and using human virtues in EU structures. Regional civilisational stratification persists due to both intra-national and international dishonesty. Accordingly, global integration based on fundamentally unified legal standards requires the elimination of counterproductive factors at both levels of social communication. The focus of attention on good virtues is determined differently from the existing configuration of national associations. Economic and other issues of cultural heritage are first a consequence and then a cause of the manifestation of good virtues. At the same time, military alliances confirm the deep ideological contradictions of nations. This shows the denial of the possibility of creating a global union of nations based on the manifestation in legal reality of the good virtues of its members. It is on the basis of the legal manifestation of the degree of virtue that nations and their associations are formed in the modern world.