Legal liability for violation of legislation in the field of receiving international financial assistance in Ukraine: current status and development prospects
Year: 2025
Type: article
Abstract: The article analyzes the problem of bringing to liability for violations of legislation in the field of international financial assistance in Ukraine. In the context of a full-scale war, international assistance has become a key source of sustenance for Ukraine, maintaining financial stability, defense capability and social programs. However, as the author has found out, despite the significant amounts of funds attracted, national legislation does not provide for specialized rules of liability for violations related to the receipt, use or administration of international financial assistance. Existing criminal, administrative and budgetary law provisions can be applied only in a general manner, without taking into account the specific legal nature of international assistance, which significantly complicates the qualification and prosecution of perpetrators. The article examines examples of violations detected in the implementation of projects involving international assistance, including data from audits, journalistic investigations, information from the State Customs Service, the Ministry of Defense, the Accounting Chamber of Ukraine, sociological studies and the work of parliamentary commissions. It is established that the control over the use of humanitarian aid is accompanied by increased public and media attention, which contributes to the regular detection of a significant number of violations. Instead, the processes of administering international financial assistance, including its distribution, remain closed to the public, which increases their vulnerability to latent offenses. Based on this analysis, the author proposes a model of a special legal mechanism for bringing to justice for violations in the field of international financial assistance. The key elements of the model include: consolidation of international financial assistance as a separate object of legal protection, introduction of special corpus delicti, establishment of international monitoring and joint audit with the participation of donors, and creation of an open register of violations. The implementation of the proposed measures will increase the effectiveness of law enforcement, strengthen the trust of international partners and ensure the proper use of financial assistance, which is critical for Ukraine in the context of war and subsequent recovery.
Author: M. A. Polishchuk
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412386727