The System of Prohibitions and Restrictions on the Receipt of Gifts on the Example of USA Legislation
Abstract
The example of the United States reveals the mechanism of countering corruption through the system of prohibitions and restrictions that exists abroad, and the basic requirements of federal law. The subjects of anticorruption policy in the USA and the peculiarities of their official position are determined. The experience of the USA in the field of regulation of receiving gifts as a state with a federal system is analyzed. In particular, the order of restrictions and prohibitions for officials through the system of rules for receiving gifts by public servants is given. It has been determined that in the United States, every agency, the Congress and the US courts have their own ethical rules. The law on ethics in the executive bodies of 1978 is the basis for the formulation of its own rules of ethics and principles. It is noted that, as in Ukrainian legislation in the federal rules on gift constraints, a civil servant should determine the monetary value of the gift. Only in this case, a person can receive a gift, even if it is only a manifestation of generally accepted hospitality. It is concluded that there is a system of ethical rules and disciplinary norms in the United States regarding prohibitions and restrictions on the receipt of gifts, in particular, they are the Rules for obtaining gifts, the Code of Ethical Behavior of Civil Servants, the guiding Principles of Ethics of the Behavior of Officials and Officials of the State Apparatus. As federal law is different for each state, so the rules on restrictions in the field of receiving gifts have distinctive features in the vast majority reduced by moral standards.
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