Integrity: Social and Legal Nature and Determining Significance for Modern Reforms

Abstract

Abstract. In the process of fulfilling international obligations, conditions for candidacy for membership of the European Union, the need to study the theoretical and practical aspects of a number of important procedures, principles and other bases for the implementation of modern reforms becomes actualized. This is exacerbated by systemic transformations of the national legal system, frequent personnel changes in power institutions, ineffectiveness of the state anti-corruption policy, demonstations of dishonesty in the judiciary and other public authorities in Ukraine, and public distrust of them. Under the conditions of the legal regime of martial law, these problems do not disappear, in some places they only worsen. The purpose of this article is a comprehensive analysis of the phenomenon of integrity, based on doctrinal and legal sources, revealing its socio-legal nature, essential features, as well as its significance in the process of implementing modern reforms. The methodological basis of the work is based on a complex combination of philosophical and scientific theories, ideas, postulates, concepts, methods and research principles. Dialectical, comparative, historical, axiological, anthropological, epistemological, hermeneutic and other methods are decisive and fundamental; systemic, pluralistic, activity, phenomenological, instrumental and other methodological approaches; as well as the principles of pluralism, systematicity, comprehensiveness, objectivity, historicism, determinism, interdisciplinarity, complexity and other methodological principles. The scientific novelty lies in the fact that the conceptualization of integrity in modern scientific discourse presupposes a multifaceted analysis of this phenomenon, its origins, modern approaches to interpretation, theoretical and practical significance. A comprehensive clarification of the nature of this category is optimal, since it is at the same time a legal, moral, ethical and philosophical category related to a person, an official or official, institutions, authorities, and concerns the spheres of public and private relations. Research results. Good faith is based on the principles of Roman law, in particular, bona fides, the doctrine of venire contra factum proprium, evolving into international and European standards, relevant judicial and other law enforcement practice. A narrow and broad understanding of integrity is justified, in particular, the latter includes moral-ethical and legal components, in particular principles and standards of behavior, virtues as positive moral qualities determined by the consciousness and will of a person, which characterizes a person, his way of life, actions, willingness and ability to consciously to implement certain types of activities, behavior on the basis of goodness and justice. Various characteristics of integrity and its typology are highlighted (integrity of judges, candidates for the position of judge, civil servants, electoral and political integrity, integrity of local self-government bodies, academic integrity, etc.). Practical significance. Since the phenomenon of integrity applies to virtually all spheres of life, there is an obvious need for legislative regulation of general and special criteria of integrity, proper scientific justification, and assessment methodology for their compliance. It seems interesting and promising to continue scientific research, study the correlation of anti-corruption manifestations in the professional activities of the head of state, judge, parliamentarian, prosecutor, officials of state authorities, local self-government bodies and their observance of integrity criteria. Another determining factor – ideological – determines the increase in the level of legal culture, legal awareness of every person, including officials and officials, of the entire Ukrainian society in the direction of eradicating corruption and other unscrupulous risks and threats, developing a culture of integrity and other virtues.

Keywords: European standards; integrity; ethical standards; human rights; legal axiology; legal values; corruption; meritocracy; democracy; reforms.