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 Strategy for eliminating corruption threats to Ukraine's national security2024-04-05 - Makarenkov, OleksiiThe article reveals the strategy for elimination of corruption threats to national security. It is a system of knowledge about legal and organisational measures aimed at ensuring the supremacy of human virtues in public-legal relations at a level that excludes both potential and real threats to human rights, territorial integrity, safe living conditions of citizens and other constitutional values. It is a molar set, the content capacity of which is divided into at least two atomic units – legal norms and the implementation of legal norms. Taken together, both components of the strategy are capable of ensuring the preservation of these values and the development of the nation on this basis on an ongoing basis. The first component is intended to cover the content of legal relations. The second component involves the practical implementation of legal norms. These two variables equally saturate the functional and structural content of the security of national interests. Accordingly, the security of the nation exists only under the condition of the implementation of law-making and law-enforcement operations, which is possible only at the level of the institutionalisation of these processes. Any replacement of an institution by a person, of public interest by private interest, of law by its visibility, of freedom by force, determines the operational and/or strategic dysfunction of law, which leads to the loss of meaningful national values. It is determined that the hierarchy of initial relations of key concepts for understanding corruption distortions, the essential content of national interests and the relationship of corruption acts with the level of threats to Ukraine's national security form the ontological basis of the strategy for eliminating such threats. This basis should also include the principles of its creation, updating, implementation and monitoring of effectiveness. This is the introductory part of the strategy. In the substantive part of the strategy, it is necessary to specify the goal, tasks and areas of national interests, as well as the subjects of its implementation, effectiveness control and renewal. These subjects include all public authorities, civil organisations and each citizen. The main responsibility for the effectiveness of this approach lies not only with specialised anti-corruption bodies, but necessarily with all national public authorities. It is emphasised that there will be a system of control over such performers within the already existing infrastructure of public authorities and with detailed rules on the limits of control by citizens, the legal possibilities of which should be wide enough to ensure that this control remains an effective tool for ensuring the provisions of the specified strategy, including the possibility for citizens to use legal procedures of vigilantism. Separate sections of this strategy should be devoted to detailed rules for strengthening national security through transnational connections and digital technological resources. The secret part of the strategy should contain rules for using the nation's permanent and situational advantages, its individual features and other resources at a particular moment in time, as well as in the short, medium and long term. This part should also reflect the algorithms for determining the nature and qualities of these advantages, timely verification of their emergence and transformation. The author establishes that all these rules and algorithms should be combined with the rules for determining the changing nature of corruption acts and corruption subjects and their criminal accomplices.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.