The conference was held by the Institute of Philosophy and Law of the Urals Division of the Russian Academy of Science in accordance with the National Plan of combating corruption for 2014–2015 established by the Decree of the President of the Russian Federation (No. 226, April 11, 2014).
Section I. State policy of the Russian Federation in anti-corruption sphere
Mikhaylov, V. Present stage of government policy of Russian Federation in sphere of combating corruption and objectives of its scientific support
Abstract: The author discloses the main content of government policy in the sphere of combating corruption in the contemporary conditions of the development of Russian society. It is shown that at this stage, the focus of government authorities’ efforts is shifted from federal governmental service to the private sector. The necessity of scientific study of the issues concerning formation of the organizational basis of combat-ing corruption on the territory of the Russian Federation is underlined. The author emphasizes the importance of theoretical study of ethical, legal, organizational and tactical sides of the mechanism of protecting persons who report about corruption, and of the implantation of material rewards for reporting about corruption. In addition the article stresses the importance of theoretical study of issues of administrative liability of legal persons on whose behalf (or for whose benefit) the illegal remuneration is given is stressed. The irrelevance of the introduction of Criminal Liability of Legal Entities is justified.
Keywords: government policy in sphere of combating corruption; scientific elaboration of combating corruption; material rewards for reporting corruption, liability of legal entities.
Fedorov, A. On some tendencies in development of anti-corruption policy in criminal law of Russian Federation
Abstract: The article proves the author’s conclusion that the introduction of criminal liability of legal entities is a forecast tendency of policy development in Russian criminal law; and it exposes objective grounds for introducing such a liability. The author points out that criminal responsibility of legal bodies is established in many countries and is required by international obligations of the Russian Federation. The article contains data on charging legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of legal entity (Article 19.28 of the Code of Administrative Offences). The author formulates reasons, which point out the insufficiency of the existing institution of the administrative liability of legal entities for such acts. The author also indicates the necessity to conduct scholarly research on the determination of specificities of criminal-procedural activity with regard to criminal responsibility of legal entities, as well as on the elaboration of backgrounds and conditions for carrying out special investigative techniques in respect of legal entities.
Keywords: tendencies in development of criminal law anti-corruption policy; criminal and administrative liability of legal entities; operational activity, special in-vestigative techniques, international cooperation; anti-bribery conventions, international obligations regarding introduction criminal liability of legal entities.
Basnak, D. Provision of unified approaches to organization of anti-corruption activities in civil (municipal) service and in non-government sphere
Abstract: The article assesses legal regulations of anti-corruption activities. The law-enforcement practice, which is used in this sphere, is analyzed. It is argued that effectiveness of combating corruption directly depends on anti-corruption standards and organizational culture. The author proposes measures to improve personnel policy for state and local governmental institutions. The activity carried out by the Ministry of Labor of the Russian Federation in the sphere of combating corruption is examined.
Keywords: combating corruption, anti-corruption standards, personnel policy, civil (municipal) service, anti-corruption legislation.
Panteleev, V. Present problems of systemic and comprehensive legal regulation of anti-corruption in Russian Federation
Abstract: The article considers problems of complex use of legislation of the Russian Federation in combating corruption, including problems of formation of the system of legislation on combating corruption. The author studies matters of public and state anticorruption control, and analyzes previously known provisions of the Criminal code of the Russian Federation and of the Code on Administrative Offences, as well as new compositions aimed at combating corruption. The role of different types of legal proceedings in the state activity, as well as systemic approach of different courts to this work are observed. In addition, the problem of formation administrative jurisdictions (including administrative courts) as a measure of protection citizens against corruption of state and municipal authorities is discussed. The advantages of such measures in comparison with traditional proceedings of general jurisdiction are investigated.
Keywords: corruption, anti-corruption legislation, the judicial system, administrative justice, responsibility.
Aleshin, V. On organization of anti-corruption activities of government and municipal bodies in Sverdlovsk region
Abstract: The article is devoted to the organization, coordination and implementation of targeted anti-corruption activities of government and municipal authorities on the territory of Sverdlovsk region. The article highlights the powers, functions and activities of the specially formed body for prevention of corruption in Sverdlovsk oblast – the Council under the Governor of Sverdlovsk region on combating corruption, – as well as other parts of municipal and departmental anti-corruption system. The important role of the regular monitoring of the status and effectiveness of anti-corruption campaign on the territory of Sverdlovsk region, as well as its objectives and main directions, are highlighted. The author points out contemporary guidelines and outlines main priorities in the field of combating corruption; in addition, he identifies a number of specific anti-corruption measures, which require implementation in the current period, as well as in the future.
Keywords: corruption, bribery, anti-corruption, system of anti-corruption, anticorruption monitoring, Council of the Governor of Sverdlovsk region on combating corruption.
Section II. Potential of the modern state and civil society in combating corruption
Ershov, Yu. Corruption in Russia: perspectives of combating
Abstract: The article provides socio-philosophical analysis of corruption as a sociocultural and political phenomenon. It identifies the specifics of domestic corruption in the context of the disrupting system of state socialism, and the attempt to create a civilized state and society. First, Russian corruption is unseparated from the relationship between power and property; from power and governance clientele; and, last but not least, from the low level of political and judicial protection of property rights. The article explores the dependency of corruption from the type of political regime and continuity in the recruiting of political elite. Corruption serves as an additional factor in guaranteeing of privileges for those in power, offering them access to significant material benefits. Conflicts of interests and freedom of entrepreneurship are analyzed as the consequence of typological characteristics of domestic bureaucracy forced to undergo pro-market reforms. It leads to the spread of shadow economy, the restraint of foreign direct investment flows in Russia, and stimulation of capital export. Corruption is analyzed as an informal social institution and as an element of governance system, closely connected with other political and economic institutions of the society. It is analyzed through existing regular and long-term practices, maintained with the help of social norms and system of social roles. In addition, the article regards corruption as a consequence of social atomization and moral and spiritual degradation of the society. The article asserts that the Russian society is currently going through an anthropological crisis, interpreted as a curse to Russia's population, which finds its expression in mass legal nihilism, moral ambiguity and disappearance of ideals of honor and dignity in popular consciousness. The article discusses the totality of conditions and factors that both impede effective anti-corruption measures and create positive dynamics for its minimization. The article acknowledges the selective character of measures of combating corruption aimed at decreasing social protests and supporting the cohesion of political elites. The author concludes that the established political system at this stage is aimed at preserving the status quo in terms of power-property distribution, i.e. at the use of corruption as a method of self-production.
Keywords: corruption, power and property, anthropological crisis, clientilism.
Martianov, V. Institutional combating corruption: legislative framework and public control
Abstract: As the worldwide historical experience proves, corruption could be minimized by twofold policy that combines restrictions of bureaucrats’ behavior by standards and public control, as well as by the widening the borders of trust in public life. The first type of policy is connected with reducing the “spheres of uncertainty” and possibilities of the interrelations between state and municipal officers, medical personnel, teachers, policemen and other state and municipal employees with regular citizen as receivers of their services. The second type of policy imposes creating the joint institutional conditions and rules of the relationships within the state and public bodies where corruptive behavior becomes economically unprofitable and morally inacceptable.
Keywords: corruption, institutional resistance, modernity values, state service standards, liberalization, trust, public control, transparency of power.
Startsev, Ya. Functional analysis of corruption from perspective of theory of informal institutions
Abstract: Social interactions that are usually identified as corruption-related in fact represent various effects of multiple and different institutions and practices. Viewing
corruption as an obvious, cohesive and holistic phenomenon is often misleading. The article argues that the struggle against corruption means, first, a separate analysis of informal institutions producing corruptional outcomes, and then constructing different kinds of anticorruption policy, which should correlate with the nature and social functions of the relevant institutions. Main types of informal institutions linked to corruption are analyzed in order to propose specific institutional ways of anti-corruption policy.
Keywords: informal institutions, informal practices, corruption, research methods, theory of politics.
Ilchenko, M. Corruption as factor of reproduction of transforming political system
Abstract: The article tends to explain an ability of corruption to stabilize political systems under transformation. The author analyzes the potential of corruption practices to be an effective regulatory tool for the state management system. Such a tool allows state governance system to achieve either political stability or economic success. It is argued that ruling elite can use corruption mechanisms not only for the enrichment but also for selfprotection through keeping control over political processes. Moreover, it is shown that political elites can take advantage of corruption practices to solve certain economic issues and to compensate the possible costs appeared during the reform process.
Keywords: corruption, informal institution, institutional stability, political regime, political elites
Grosheva, I. Combating corruption: public control without public
Abstract: The author considers the problem of public control at state and municipal level. Attention is focused on contradictions arising in the sphere of anti-corruption activity: on the one hand, there is an urgent necessity of combating this phenomenon; on the other hand, in the conditions of the necessity of improving mechanisms of anti-corruption system at the legislative level, the range of subjects that can effectively resist the dysfunctions of the control system narrows. Based on the analysis of normative documents revealing features of the organization of public control in Russia, the author shows gradual release of civil society from monitoring functions. Different factors like excessive control organization, inadequate regulatory framework, resistance of local authorities give rise to corruption-related crimes at the regional level. As a result, the author proposes an alternative model of public control over the authorities’ activity in the form of the civil supervisory council.
Keywords: public control, authority, management, civil monitoring, civil society, corruption.
Perevozchikov, Yu. Furies of private interest VS nation-state: conversations about corruption under shadow of new world order
Abstract: The article is devoted to the analysis of the discourse on corruption as an integral part of a large-scale campaign for the deposition of mind by artificially created and maintained set of fundamental problems of modernity. Based on the comparative analysis of several world techniques for measuring the level of corruption, as well as its results, the article argues for the necessity of revision of the phenomenon of corruption as the dominant cause of our social failures. It is shown that the tendency of “forcing the corruption” in social order is worldwide phenomenon. It serves as a consequence of the applied technologies of capturing the audience and “democracy of noise” to distract attention from societal processes of deep transformation of the capitalist system that turns functional barriers of nation-states in favor of the “fields” (P. Bourdieu) of supranational corporate interests. The author concludes about the inadmissibility of reducing problems of modern statehood to its institutional corrupt manifestations, which not only shadow and dissolve genuine subjective nature of social change, but also contributes to the possibility of reversibility of the situation.
Keywords: the corporation-state, propensity for corruption; error of demonstration, corruption coverage, subjective interpretation, “self-fulfilling prophecy”; a nation-state, the active component of the crisis, supranational structures, corporatocracy.
Saburova, L. Methodological aspects of studying corruption: con-straints and opportunities
Abstract: The article analyzes the methodological basis of studying corruption as a social phenomenon. The author emphasizes that limitations of empirical studies of corruption are related to the interpretation of ambiguous notions among researchers, as well as in the mass consciousness. It is shown that the reduction of corruption to delinquent behavior does not allow assessing the real extent of corruption and the degree of its rootedness in a particular community. Based on the analysis of functional and institutional concepts of corruption used in economic theory, the article proposes to consider corruption as a social quasi-institution, which regulates the behavior of individuals in a shortage of social benefits and legal opportunities for their receiving. The author concludes that such an understanding allows not only more comprehensive understanding of social nature of corruption, but also sets a new perspective of its study such as the study of individual behavior rules in situations of scarce resources; the study of optimal states of corruption from economical and social point of view; the study of algorithms of forming social capital in terms of corruption, etc.
Keywords: research of corruption, institutional approach, quasi-institution functions of corruption, corruption risks, transactions.
Groshev, I. Cumulative anti-corruption strategy (evolutionary approach)
Abstract: Despite the considerable number of studies of corruption, the practical effectiveness of previously proposed measures could hardly be estimated as adequate. The overcoming of corruption cannot be separated from the socio-economic situation, because this phenomenon is not only integrated into it, but in many cases performs important regulatory function. The structure of the society is characterized by high complexity and diversity; it accumulates the entire spectrum of value judgments, opinions and decisions. General human communications occur both through open channels and detached (hidden) ones, therefore the implementation of public power should cover these areas as well. Today, the corruption activity is the universal tool, which facilitates management process. Accordingly, there is a contradiction, according to which «the fight against corruption is the opposition to authorities». It is an absurd in the conditions of today's social development. Cumulative strategy appeals to the need to reduce corruption potential by providing each individual with a sufficient number of life alternatives. Economic autarchy and cosmopolitism constitute the quintessence of the strategy.
Keywords: authority, society, corruption, curbing corruption, strategy, potential of corruption.
Fishman, L. Do we move towards anti-corruption system of values?
Abstract: In the article, the problem of combating corruption is seen as a matter of culture values, according to which the idea of corruption as evil directly relates to the individual outweigh concerns about the use of corrupt relations. However, analysis of the excuses of corruption in the mass consciousness leads to the conclusion that many of them could be easily understood as a care for common good or general benefit. Participation in corrupt relationship is not perceived as detrimental to self-esteem. What is considered the corrupt relationship is perceived as an integral part of the social capital of all members of the society. In most people’s view, corruption phenomenon refers to a social level higher than the one of theirs. The conclusion is made that current Russian political regime is not able to fight consistently against corruption. The fight against corruption means the destruction of too many interpersonal relationships. In addition, the rhetoric of national and cultural identity (which appeals to social capital in the form of traditional values) is in conflict with the need to create anti-corruption values.
Keywords: corruption, values, social capital, common good.
Obolkina, S. Subject of corruption practice and axiological encoding
Abstract: The article describes two main approaches to corruption: universalist and particularistic. Each of them is characterized in terms of their specific features. The author examines the opportunities offered by their complementarity. In particular, the problem of the subject of corruption practice allows to speak about grouped nature of corruption and mechanisms that form its subject. These mechanisms are closely connected with the peculiarities of cultural dynamics. The major characteristic of the vertical dynamics of culture is resistance to the new rules and prohibitions. The article analyses how this feature is used by the grouped subject of corruption practice. Sociological analysis of clientelism, as well as philosophical and philological achievements, allow to speak about the phenomenon of axiological encoding. Analysis of this process helps to explain why the subject of corruption practice has possibility of reproduction in the culture.
Keywords: Subject of corruption practice, universalist approach, particularistic approach, clientelism, cultural dynamics, axiological encoding.
Babosov, E., Babosova E. It is necessary to use more actively sociocultural factors of elimination of corruption virus
Abstract: The authors argues for the necessity of the symbiotic relationship of administrative and legal methods of combating corruption and sociocultural factors of overcoming the corrupt deals. The role of culture is indicated, which by its finest creations forms in humans beings the orientation towards the values of truth, goodness, justice, duty and beauty, thus turning into a powerful “social injection”, which is able to carry out a constructive role in overcoming the spread of the corruption virus. Four interrelated aspects of the use of socio-cultural, moral and educational activities aimed at improving the effectiveness of anticorruption activities are characterized.
Keywords: corruption, overcoming corruption virus, sociocultural factors of combating corrupt deals.
Syuzeva, N. Cultural historical prerequisites of formation of orientation towards corruption in consciousness and ways of its overcoming
Abstract. The problem of combating corruption is one of the most important in Russia today. The counteraction includes all institutions of the civil society; however, the practice shows low efficiency. The author connects low productivity of anti-corruption measures with orientation of individual consciousness towards corruption, which has cultural and historical roots and is seen as the “prejudice” of public consciousness. The orientation towards corruption in consciousness is caused by presence of stereotypes of corruption behavior in national character, which is reflected not only in legal consciousness, but also in legal selfconsciousness; such orientation contributes to particular outlook tolerant towards corruption. The author considers possibility of combating corruption through destruction of corruption stereotypes, leveling of their influence on massive and individual consciousness by creating counterculture, which denies corruption in general.
Keywords: Consciousness orientation, intentionality, corruption stereotypes, counterculture, national consciousness, national culture.
Glazyrin, V. «Ideal types» of combating corruption in presentday Russia
Abstract: The purpose of the article is to define socio-political “ideal types” of combating corruption in present-day Russian society. These types include the following: “authoritarian”, “lee-kuan-yew’ dirigisme” and “democratic”. Two aspects of “authoritarian” type essential for its understanding are identified: political and administrative-legal ones. The author reveals their content and socio-political contradictions. The author indicates that “lee-kuan-yew’ dirigisme” – type is a controversial system of combating corruption. It is emphasized that “dirigisme” can lead to different social results. The main features of the “democratic” type and problems of its application in present-day Russia are described. It is pointed out that Russian socio-cultural specificity should not be absolutized, and international rules and standards of combating corruption should not be ignored. The author concludes that present-day Russia is characterized mainly by “authoritarian” type of combating corruption as a social and legal phenomenon.
Keywords: law, ideal type, constitution, capitalism, corruption.
Lobovikov, V. Linguistic, formal-logical, formal-ethical, and natural-law aspects of problem of corruption
Abstract: The paper submits investigating conditions of semantic meaningfulness of using the words “corruption” and “struggle with (corruption)” in the natural language, as well as the conditions, in which using the words is meaningfulness. For the first time in the world literature, corruption is precisely defined by table as a moral-legal-evaluation-function determined by either one or two evaluation-variables in two-valued algebra of formal ethics and natural law. Here the words “function” and “variable” are used in the proper mathematical meanings. The evaluation-variables and functions take their values from the set {g (good), b (bad)}. All the assessments are generated in relation to a person Σ (subject of evaluating). The assessor Σ is a variable taking its values from the set of subjects of moral activity. If the assessor is fixed, then the evaluations generated by him are somehow defined, but if the assessor is changed, the evaluations can be changed as well: they depend upon the assessor and are relative in this sense. However in the submitted algebraic model of the the-ory of relativity of moral-legal evaluations, there are absolute laws not depending upon the assessor change. For instance, the submitted precise tabular definitions of evaluation-functions “corruption”, “struggle with” and “struggle with corruption” do not depend upon values of the variable Σ.
Keywords: corruption; algebra-of-formal-ethics; moral-evaluation-function; moralevaluation-variable; absolute-laws-of-theory-of-moral-evaluation-relativity.
Matyukhina, E. Regional features of implementation of National anti-corruption plan 2014–2015
Abstract: The author analyzes the experience of counteracting corruption as the main defect of the Russian management model in recent history of Russia, as well as current regional practices of combating corruption using the example of the Center for Public procedures “Business against corruption”. The Center’s activity has several direc-tions. The first is operational direction, which means reviewing complains of business-persons about specific cases of raiding and corruption based on public assessment and assisting businesspersons in appealing to state powers and local self-government. The second is analytical direction, which includes monitoring the situation with corruption and raider pressure in the business environment, and the analysis of the situation through survey data, special internet resources, as well as working with centers of expertise. The third is informational direction, which means the development of information resources and broad public coverage of the cases of corruption, publication of facts of corruption and pressure over business and corporate raids. The fourth is legislative direction, which means the development of proposals for improving the legislation of the Russian Federation. In addition, the implementation of organizational and legal measures to combat corruption may include many others means, which are listed in the article.
Keywords: Practices of counteracting corruption, activity directions, corruption pressure, raider pressure, executive authorities, business, complaints of citizens, expert work.
Kiselev, K. Symbolic aspects of combating corruption
Abstract: The article contains the description of symbolic aspects of combating corruption. The author concentrates on the research of symbolic schemes that block the efficiency of combating corruption. The types of these schemes are the following: logic of corruption incurability; logic of corruption justification; logic of corruption universality and totality. In particular, the logic of corruption incurability includes logical scheme of so-called “widening the problem” in time and space, which creates an impression of corruption invincibility because of its existence always and everywhere. Logic of corruption justification refers to the identity of power and society, to the search of “positive” functions of corruption, etc. Finally, logic of corruption totality appeals to some national peculiarities of Russia, which presupposes corruptness; to peculiarities of the power with its inevitable depravation, as well as to the generalization like “all officers are the same ones”. The article concludes that the above-mentioned “negative” symbolic logic dominates in the collective social consciousness. Finally, the author offers methods of improving the symbolic policy in the sphere of combating corruption including the increase of the “positive” symbolic capital, popularization of international experience, etc.
Keywords: Corruption, combating corruption, symbolic policy, symbolic logic of corruption totality, incurability and justification, prospects of symbolic policy in the field of combating corruption.
Section III. Political and legal mechanisms of combating corruption
Bogatova, E., Kochetkova, N. Legal basis for combating corruption
Abstract: In the Russian Federation, corruption seriously impedes normal functioning of political and socio-economic mechanisms; it prevents social transformations and modernization of national economy; it calls serious concerns and distrust towards public institutions. Therefore, corruption is legally considered as one of the threats to state security. Today, major aspects of combating corruption as the real threat to the normal functioning of the state mechanism are widely discussed. Moreover, there is a great need to improve legal means of combating corruption, which potential seems to be far from being exhausted. One of the directions of combating corruption should be further adaptation of Russian legislation to international standards developed in international legal documents. Besides this, the question of the elaboration and implementation of effective anti-corruption policy, which includes measures of preventing corruption in addition to criminal repression measures, still remains actual for Russia.
Keywords: corruption, fight, policy, bribe, an official, illegal remuneration.
Chesnokov, A., Chesnokova, O. Anticorruption mechanism: problems of measurement
Abstract: The article considers the problem of choice of criteria of an assessment of state policy in the area of struggle against corruption; the status of national legal sys-tem; social, economic, legal factors of corruption; a way to increase the effectiveness of work of law enforcement bodies in the specified area. The authors suggest to estimate anticorruption policy according to five criteria: degree of the performance of tasks in view; profitability; legitimacy of activity; the reached level of free and equal access of organizations and citizens to particular goods; an assessment of the results of work by the population. The suggested measures allow to allocate the most effective forms, methods and means of anticorruption policy aimed on their further improvement, and to refuse from inexpedient forms; to improve legal base; to differentiate the competence and functions of the state bodies; to reveal methods and means of the formation of the regime of transparency of the state apparatus, and of the involvement of citizens into anticorruption campaign; to promote the atmosphere of intolerance towards malfeasances, etc.
Keywords: Corruption, anticorruption policy, efficiency, democratism, transparency.
Pomazuev, A. Problems of effective prevention of corruption (using the example of anticorruption expertise of regulations and draft regulations)
Abstract: Anti-corruption expertize is a typical measure of preventing corruption along with other mechanisms embedded in the Russian Federation since 2008. The author indicates general patterns in the sphere of anti-corruption expertise, which give an idea why state's efforts of combating corruption do not lead to significant changes. It is the direction towards exclusive prevention of administrative corruption while ignoring the specifics of corruption on the level of political leadership, as well as an attempt to cover as wide range of relations as possible, which leads to the dissipation of resources, and reduces the effectiveness of anticorruption measures. In addition, there are problems with the regulation, methodology and staff. As a result of these shortcomings, which are common to all measures of prevention corruption, anti-corruption expertise and other mechanisms are not able to change the situation significantly.
Keywords: anti-corruption expertise, efficiency of anti-corruption measures.
Lun’kov, A. Corruption in social institutions of various types: socio-philosophical analysis
Abstract: The author studies social institutions of the internal structure of different types – hierarchical, “network”, and mixed. Various types of institutions simply particular relations and links of people, which are constantly demanded by society and, therefore, recur. Examples of such reproduction are church, state, army, bureaucracy, etc. They are elements of society, representing the stable forms of organization and regulation of public life. Social institutions contribute to stabilizing and reproducing certain social relations, which are particularly important for the society, as well as stability of the system in all spheres of life – economic, political, spiritual and social. Therefore, the presence of the phenomenon of corruption in particular social institution affects the performance of its functions, as well as the rest of the society.
Keywords: social institution, corruption, hierarchy, network organization.
Lopatina, T. Anti-corruption behavior model as contemporary measure of combating corruption in public service
Abstract: The article examines anti-corruption behavior as one of the models of moral behavior based on building anti-corruption social relations, as well as the problem of society's willingness to fight against corruption. Different models of moral behavior are analyzed; external corruption is presented as a form of social corruption and as a systemic socio-pathological phenomenon. The author proves the need of the revision of moral status of the Russian society for the purpose of subsequent construction of anti-corruption behavior. Individual behavior of citizens as subject of the opportunistic game model of entrepreneurial behavior is analyzed. The author concludes that the formation of individual anti-corruption behavior consists of variation of penalties and rewards, which determines personal position in social space regardless of his/her position in the social hierarchy, and the ability to assess critically the risk of corrupt behavior and its cost.
Keywords: anti-corruption behavioral model; model of moral behavior; corruption as business, as form of social corruption and as systemic socio-pathological phenomenon; motivation for corruption.
Moshkin, S. Corruption zones in information services of power
Abstract: The author argues that creation of positive political image of any high-ranking official who uses governmental information resources in order to suppress his/her political opponents and to achieve benefits (including the electoral ones) over his/her competitors may be considered as a specific case of political corruption. The institutional foundation for this type of corruption is built in the very possibility of discretionary control over mass media exercised by the power elite. The author shows numerous examples of formally legal but inadequate budget expenses of information services provided for the public powers and officials. There is an evident connection between a sharp increase in government spending on mass media and electoral cycles. The article offers possible administrative measures to minimize zones of corruption risks while providing informational support of the power.
Keywords: public authorities, political corruption, mass media, budget planning, discretionary control over government resources.
Zakirova, L. Particularities of motivational and values sphere of individuals with different levels of corruption behavior
Abstract. The individual attitude towards subjects of social environment is defined by value orientations as the elements of orientation structure regulating behavior. Motivational and value sphere of individual as a part of the substantive orientation of the personality is formed in the process of activity through reflecting and borrowing social values. Obviously, the corruption-oriented individual is characterized by domination of the material rather than the spiritual values, which determines his/her choice in favor of individual interest in the situation of conflict of individual and collective interest. Thus, the individual acts corruptively in order to meet his/her personal needs. Based on the survey, we conclude that generally the interconnection of motivations and value orientations of individuals with low level of corruptive behavior is determined by two indicators: “orientation towards selfishness” and «orientation towards freedom». Individuals with high level of corruptive behavior are
characterized by the reverse correlation of «orientation towards money» and values of spiritual satisfaction, personal prestige and self-development.
Keywords: corruptive behavior, motivational sphere, value sphere, motivational orientation, value orientation.
Karpovа, J. Corruption in electoral process
Abstract: The article observes problems of specification of corruption in the sphere of electoral process. The concept of “political” and “electoral” corruption is analyzed, and the main forms of corruption in the sphere of electoral process are detected. The special attention is paid to the analysis of the concept of “bribery of electorate”. The issue of observers’ bribery by other subjects of electoral process is raised. The main methods of counteracting corruption in the sphere of electoral process are discovered. Based on the conducted research, the author suggests to fix the definition of the term “corruption in electoral process” in legislation; to discover features of the subject of corruption in the electoral process; to fix in legislation the definition of new kinds of responsibilities for electoral corruption; and to spread the responsibility for bribery over other subjects of electoral process. In conclusion, the author highlights the necessity of further complex research of the problem of corruption in the sphere of electoral process.
Keywords: corruption, electoral process, bribery, electoral corruption, observer, methods of counteraction, responsibility.
Borkov, V. Criminal law element of state policy in the sphere of combating corruption
Abstract: The author proposes to amend the criminal law by Chapter 301 «Corruption crime», which should include the responsibility for receiving and giving bribes and mediation in bribery; illegal participation in business activities; corrupt transaction; corrupt enrichment; organizing, directing and participating in corrupt group. Unlike other norms remaining in Section 30 of the Criminal Code, which establish liability for misconduct, the norms suggested in the article are directed towards preventing the formation of corruption relations, which harm the functioning of the state.
Keywords: Malfeasance, corruption offense, corrupt dealing, corrupt group, corrupt enrichment.
Kozlova, L., Sadovskaya, T. Administrative responsibility as a way to ensure legality of activities of enforcement agencies’ officers
Abstract. In 2010, the legislator provided the application of measures of administrative responsibility in the system of measures of the provision of observance of the rights and legal interests of business entities and individual businesspersons by the officers of state control (supervision) agencies in their activities in cases of state control (supervision). The authors analyze the legal structure of Art. 19.6.1 of the Code of Administrative Offences, the results of opinion polls, the official statistics of the prosecution body and the judicial practice. Analysis of statistical data on the status of administrative offences in the administrative enforcement field reveals the increasing number of violations. In 2013, 74% out of 492 of rendered decisions of arbitration courts of cassation were made in favor of control bodies. The uniform system of court decisions on cases of control is not developed yet. During this period, the disqualification as an administrative penalty has not been applied, which in the opinion of the authors reduces the effectiveness of administrative bans imposed as a regulator of social relations. In conclusion, we formulate series of proposals.
Keywords: administrative responsibility, regulatory authority, practice of judicial enforcement.
Kodan, S. Anti-corruption training in strategy and practice of combating corruption
Abstract: The article determines the place and role of educational anti-corruption programs in vocational training and retraining of state and municipal employees. The
place and role of programs in the formation and implementation of policy in the field of combating corruption, their influence on the nature of the activity and on the prevention of corruption among state and municipal employees is disclosed. The focus is made on the need not to be limited by the study of anti-corruption legislation and practice of its application. Special attention is given to the necessity of formation of moral and ethical attitudes; to the implementation of anti-corruption standards of conduct into the worldview of the representatives of administration on various levels of state and municipal management; to the understanding the consequences of corruption for the actualization of the rights and freedoms of citizens. General concept of anti-corruption programs is suggested.
Keywords: corruption, prevention of corruption, state and municipal service, standards of anti-corruption service activity, anti-corruption education, anti-corruption education programs.
Makarova, M. Corruption in system of higher education: institutional and sociocultural factors
Abstract: Theoretical analysis of corruption in the system of higher education could be fulfilled within the frame of different theories. According to the principal-agent-client model, corruption act is the result of the rational choice, which subjects make in consistency with their own interests and current conditions. The collective action theory is based on the assumption that corruption behavior is normal, and it is expected in the given circumstances. The influence of two main groups of factors is possible on each level of corruption. Institutional factors are connected with law and the level of accountability and transparency in the implementation of law. Sociocultural factors are determined by variety of informal rules, entrenched practices and traditions. Complex analysis of institutional and sociocultural factors of corruption allows elaborating balanced anti-corruption policy based not only on control and formal regulation, but also on shaping anti-corruption culture in universities, and on feedback mechanisms.
Keywords: corruption, higher education, anticorruption policy, corruption behavior, institutional factors, sociocultural factors.
Korsakov, K. Faculty of higher educational institutions of Russian Federation as subject of crime provided by article 290 of criminal code of Russian Federation
Abstract: The article is devoted to the contentious issue of legal evaluation and qualification of bribery in cases of the commitment of such criminal assault by the faculty of higher educational institution. Presently, the issue remains open. The article examines point of views on the issue, which exist in criminal law doctrine, as well as the current practice and normative legal acts related to this sphere of public relations. The author distinguishes several types of activities of the faculty associated with the monitoring of learning progress with reference to those ones that can contain corruption components. The author's position on the issue of recognizing the faculty of higher education al institu-tions as the subject of corruption malfeasance is argued. The author concludes that the practice of criminal prosecution of the faculty responsibility under article 290 of the Criminal Code is valid and legal.
Keywords: bribery, higher education institutions, subject of crime, corruption in education, faculty of higher educational institutions, public official’s crime.
Roy, O. Corruption risks in development of public-private partnership in Russia
Abstract: Public-private partnership (PPP) is one of the most important tools for solving actual problems of public interest by private business. In Russia, the most common forms of PPP are concession agreements; production sharing agreements; leases including financial lease (leasing); asset management and public contracts. The article summarizes current trends in the development of Russian business, which is interested in forming close partnerships with the state. However, the expanding of the scope of PPP significantly increases the risk of corruption. The main reasons of corruption risks are institutional limitations associated with inadequate regulatory effect of existing institutions. Using the example of the construction of Olympic facilities in Sochi, the author considers typical corruption scheme, which increases the risk of bankruptcy of enterprises – participants of the agreement with the state. The author offers the basis of optimization of the relationship of government and private business aimed on reducing the influence of corruption risks and creating the institutional preconditions for PPP development.
Keywords: public-private partnership (PPP), public procurement, corruption risks, corrupt transaction, institutional restrictions.
Kordukov, A. Aspects of corruption in sale of property of debtor in bankruptcy cases
Abstract: Corruption is the top problem of the Russian legal reality. Not only public authorities are affected by corruption, it arises in business activity as well. The author presents the analysis of aspects of corruption in sale of property of debtor in bankruptcy cases. Abuses by arbitration managers are expressed in the violation of procedure of selling the debtor's property, in using legal gaps for personal benefit or benefit of third parties, in the distortion of the substantive law, thereby violating interests of debtor, creditors and other third parties. Such problems could result in minimization of interest of investors towards Russian business, and in the outflow of domestic capital abroad. In conclusion, the author proposes improvement of the legislation on bankruptcy in sale of debtor's property and in change of the scope of responsibilities of creditors committee and Arbitration Court in sale of debtor's property. He also proposes to spread civil service legislation over arbitration managers, and to lift up the level of responsibility of bankruptcy trustees in case of violation of order of biddings.
Keywords: bankruptcy, competition management, biddings, corruption, auction.
Chernyak, T. Causes of corruption and mechanisms of combating corruption in government agencies (according to government employees of Siberian Federal District)
Abstract: The article analyzes the experience of the author and the Siberian Institute of Management – Branch of the Russian Presidential Academy of National Econ-omy and Public Administration in the sphere of anti-corruption and of anti-corruption training of government employees. The author uses the results of the polls of government employees of Siberian Federal District who took part in the program called “Anti-corruption Government Policy”. According to the polls, the main reasons for corruption are jobbery (72% of votes); misuse of official position (38%); fraternity and protection-ism at workplace (30%); provision of incomplete information on the income (26%). In addition, government employees make suggestions concerning provision of conflict of interests and anti-corruption mechanisms. They indicate several anti-corruption measures, which have to be implemented: the increase of government employees’ salary (80% of votes); regulation of normative-legal acts (48%), improvement of anti-corruption legislation, and introduction of full property confiscation (38%). The research is in progress, and it allows providing monitoring of various groups of government employees in several subjects of Siberian Federal District. It gives the author an opportunity to analyze the reasons for corruption, and to make the teaching process more practical and effective.
Keywords: conflict of interest, corruption, prevention of conflict of interests, fight against corruption.
Zagrebin, A., Pozdeev, I. Development of public control system in light of combating corruption: problems, experience and prospects (based on the example of activity of Udmurt Republic's Public Chamber)
Abstract: The article analyses the role of the Public Chamber of the Udmurt Republic in the regional system of public control over the activities of public authorities. The history of forming of the Chamber and the experience of public examination of legal acts is observed. The main results of the activities along with the essential prob-lems and prospects of combating corruption are considered. The authors concludes that the system of public control in the Udmurt Republic is characterized by the high level of stability. The Public Chamber of the Udmurt Republic is the key and the most effective element in it. At the same time, many Public Councils formed in the executive bodies are mere imitations of the dialogue between authorities and public, that is why their activity requires further improvement.
Keywords: public inspection, Public Chamber, anti-corruption activity, Udmurt Republic.
Emikh, V. Role of commissioner for protection of rights of business-persons in preventing corruption
Abstract: The article analyses main functions of the commissioner for protection of the rights of businesspersons in the sphere of preventing corruption in the Russian Federation. The great value of this institute is in its significant functional potential in preventing corruption, taking into account that one of the underlying principles of combating corruption is the priority of measures aimed on preventing corruption. The author focuses on five functions: analytical, corrective, mobilization, educational and integration ones. In spite of high functional potential of the commissioner for protection of the rights of businesspersons in preventing corruption, the article concludes about the necessity of the further development of these functions by measures of legal and organizational support.
Keywords: commissioner for protection of rights of businesspersons, corruption counteraction, prevention of corruption, business ombudsman, human rights protection.
Section IV. World experience of combating corruption in comparative-historical perspective
Ivantsov, S. International legal basis of combating corruption
Abstract: The article analyses international legal norms of regulation activity of the states, which recognize them. The norms are aimed on the prevention of corruption and fight against its various manifestations. The article is based on studying several international legal documents: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention on Protection of Human Rights and Fundamental Freedoms, the United Nations Convention against Transnational Organized Crime, the United Nations Convention against Corruption, the Convention on Criminal Liability for Corruption. Special attention is given to the comparison of the international and Russian legal norms, which regulate corruption crimes and other manifestations of corruption. The article discovers the content and scale of the concept of corruption existed in the international and national law; in addition, it contains consideration of an arsenal of legal means focused on establishment and implementation of criminal and other legal types of liability for committing corruption crimes and offenses. The methodology of the article is interdisciplinary; the documents and other materials on international public and criminal law and criminology are used. The author pays attention on the positions of various researchers; allocates and analyzes controversial issues; expresses and proves his own position. Special attention is given to the distinctions in existing theoretical approaches towards the definition of corruption and its essence and features, as well as formation of the system of legal, organizational and other measures of combating corruption.
Keywords: phenomenon of corruption; international legal acts; combating corruption crimes; international and national law; corruption of power structures; Convention of United Nations against Corruption; Criminal Law Convention on Corruption.
Sirotina, K. Fight against corruption in public service: legal means and foreign experience
Abstract. The article analyzes the legal tools of combating corruption in the Russian Federation, which include legal acts of the Russian Federation and subjects of the Russian Federation adopted on the local level. The fight against corruption in public service is one of the priorities of the state policy. is the development of legal tools for combating corruption in public service, which nowadays grows extensively. According to the author, the fight against corruption in the Russian Federation requires the usage of the foreign experience. In this regard, the experience of the U.S. and Canada is particularly valuable, because the most effective administrative and legal means of combating corruption are developed there, as it is evidenced by the low level of corruption in their public service.
Keywords: corruption, law, responsibility, public service, fight against corruption.
Klevtsov, K. Problems of international cooperation of Russia in combating corruption: criminal procedural aspects
Abstract: Corruption is the main problem in today's world, and it compels states to join their efforts to combat it. Thus, international cooperation constitutes one of the main tools, which is able to overcome this evil. The article highlights such issues as 1) problems of the implementation of certain proceedings and other actions in order to provide mutual legal assistance in criminal matters related to corruption; 2) problems related to the admissibility of evidence obtained in a foreign country; etc. In addition, the article suggests ways of solving these problems, for example, the implementation of international anti-corruption agreements into the Russian legislation. Thus, corruption is the most common negative phenomenon; therefore combining efforts of states is an important condition of combating corruption. However, today the cooperation in the fight against corruption at the international level is not sufficient.
Keywords: corruption, international cooperation, mutual legal assistance proceedings, admissibility of evidence, implementation of international anticorruption agreements in Russian legislation.
Andreeva, L. Combating corruption in period of reform of local government: problems and perspectives
Abstract: The article considers the issues of local government reform in the context of combating corruption. In particular, the author specifies, in which case the reform of local government will promote corruption relations between levels of municipalities, as well as between local authorities and state authorities of the subjects of the Federa-tion. The research convincingly shows a qualitative change in the legislative process at the municipal level. Because the district (town okrug) concentrates of lower-level mu-nicipalities in its budget resources, the corruption component of the budget execution is increased, and the level of transparency of settlements between municipalities is re-duced. Some corruption load appears due to delegating the heads of municipalities and deputies of the representative body of local self-government to the higher municipal level in standard-setting body for making decisions in favor of their own local govern-ment. The contractual practice of the local authorities, its consequences, and the types of agreements requires certain rethinking.
Keywords: local government, system, representative body, legal act, corruption, expertise, municipal education.
Slastnev, S. Corruption in Middle Urals during 1947 monetary reform
Abstract: The paper examines the malpractices for personal benefit committed by party officials and officers of governmental bodies, institutions, organizations and enterprises of the Middle Urals during the 1947 monetary reform in the USS R. Due to the activity of Sverdlovsk Regional Committee of the Communist Party, financial agencies, law enforcement bodies of Sverdlovsk region against this phenomenon, the considerable amount of officers was discovered and made accountable before the party, crimi-nal law and other types of responsibility. Illegal actions committed by a certain part of the local nomenclature, managers and trade workers were common, but they could not prevent successful implementation of the monetary reform in the Middle Urals. One of the main reasons was the willingness of the supreme bodies of the Communist Party and state power to suppress malpractices in the local settings. Another reason was quite effective activity of the exposure and punishment of
offenders provided by Sverdlovsk Regional Committee of the Communist Party, financial agencies, and law enforcement bodies of the Sverdlovsk region.
Keywords: monetary reform of 1947, malpractice, accountability before party, criminal responsibility.
Mikhalev, N., Sushkov, A. «“I do what I want“ has become the style of management of comrade Zal’tsman»: corruption actions of director of Chelyabinsk Kirov Plant in 1940s
Abstract: The article examines corruption actions – self-provision and nepotism – of I.M. Zal’tsman, the director of Chelyabinsk Kirov Plant in the 1940s. Honored titles and awards, achievements in the organization of tank production during the Great Patriotic War gave Zal’tsman confidence of his impunity. The letter to I. V. Stalin from ordinary party worker of Chelyabinsk Kirov plant A.M. Zverev put the end of Zal’tsman reign in Chelyabinsk. The commission set up to verify Zverev’s statements confirmed most of the facts described by him, and revealed a number of new ones. Detected facts of law violations formed a basis for accusations of I.M. Zal’tsman by supreme authorities. The investigation led to deprivation of his job position and party membership. Based on archival documents, the authors conclude that in that period of time supreme authorities considered so-called «signals» from ordinary party members and «humble folk» as an important element of anti-corruption mechanism embedded into Stalin’s party-state machine.
Keywords: I.M. Zal’tsman, corruption, prosecuting authorities, party and state system of power, self-provision, I.V. Stalin, Chelyabinsk, Chelyabinsk Kirov plant.
Pikhov, A. Criminal and legal means of combating corruption in post-soviet countries
Abstract: The article is devoted to the issue of formation of criminal and legal means of combating corruption in former Soviet states. The author conducts the com-parative-legal research of the criminal legislation of the respective countries concerning responsibility for bribery and other corruption crimes. Special attention is given to legal basis of combating corruption in the states – members of the Commonwealth of Inde-pendent States, which carry out the closest cooperation in this sphere. The article also considers standards of the Model criminal code and the Model law “On combating corruption”, which are important for the development of the national legislation of the states – members of the CIS. Based on the comparative analysis of criminal and other legislation of the specified states and points of view of representatives of theory of criminal law and criminology, the potential of unification of criminal and legal means of combating corruption in post-Soviet states is defined, ways of improvement of such means are suggested.
Keywords: criminal-legal means of combating corruption, Commonwealth of Independent States, combating corruption, unification, transnational corruption, corrup-tion of power structures.
Zayats, O. Development of public organizations’ programs with anti-corruption lines: theoretical and practical issues
Abstract: Theoretical and methodological basis of the program support for public organizations’ anti-corruption activity is developed. The basic principles of compiling program documents and their advantages and disadvantages are disclosed. Main components of programs are analyzed, and the level of their reflection in these documents is found out. An arbitrary style of their presentation, lack of clear content, presence of significant amount of slogans and ungrounded components is shown. Questions of theory and practice are examined, names and symbols, in particular: identification of an organization status and its value; the essence of a mission; objectives of an organization; legal support and other necessary components. General model that allows us to consider programs under investigation within a unified approach is developed. Implementation of such developments is aimed on improving efficiency of an organization and of public organizations’ anti-corruption activity; it will contribute to further formation of organized anti-corruption social movement.
Keywords: anti-corruption direction, program, corruption, NGO.
Moskalevich, G. Legal forms and methods of combating corruption in Republic of Belarus
Abstract: The article is devoted to today’s problems of combating corruption in the Republic of Belarus. The author reveals the nature of corruption and of the concept of “corruption”; its definition is given. Particular reasons and forms of corruption are considered. It is emphasized that corruption causes both moral damages and economic harm in our society. Concrete examples of the anti-corruption fight in the industrial sector are given. The legislation of the Republic of Belarus regulating anti-corruption issues is analyzed. It is emphasized that corresponding legislative framework plays an important role in combating corruption; it is one of the components of effective anti-corruption system. Some economic, legal, organizational and other measures of combating corruption offenses are discussed and analyzed in the article. Special attention is given to legal forms and methods of anti-corruption fight in the Belarus society. Concrete measures of reducing corruption in the state and society, and identifying and punishing people involved into corruption are proposed.
Keywords: corruption, counteraction, legal forms, content of corruption, corruption types, reasons of corruption, law, anti-corruption fight.
Veybert, S. Governmental policy of combating corruption in certain Asia-Pasific countries: comparative analysis
Abstract: The author analyzes anti-corruption in a certain countries of Asia-Pacific region from the perspective of comparative law. The state anti-corruption policy in New Zealand, Singapore, Australia and United States is observed. The sufficient elaboration of legislation in the sphere of combating corruption in New Zealand, Singapore, Australia and the USA is noted. Fundamental legal acts containing norms on anti-corruption are indicated. Features of governmental policy in the USA, New Zealand, Singapore, and Australia are consistently highlighted. The conclusion is made that the impressive results of combating corruption in these countries are primarily associated with the recovery of the economy in general, with public service reform and with chang-ing attitudes towards shaping the “integrity” of state structure.
Keywords: comparative law, anti-corruption, public policy, the USA, New Zealand, Singapore, Australia.
Dyakova, E. E-government as instrument of combating corruption: pragmatic approach (Chinese experience)
Abstract: The article analyzes the ideological expectations and practical recommendations aimed at the use of information technology for the fight against corruption. The article is based on the Chinese experience of e-government implementation, and it shows some features of the technology transfer in the conditions of strong local adminis-trative tradition. The author proves the pragmatic nature of the adoption of international ideological constructs and practical recipes. Particular attention is given to the principle: “Cross the river by feeling the stones” (i.e., the gradual implementation of fashionable administrative technologies on the pilot regions). The main objective of the ICT imple-mentation in public administration is to strengthen central government supervision over regional and local authorities for curbing corruption and maintaining sustainable eco-nomic development. At the same time, the government develops e-participation mecha-nism to provide limited control of corruption from the bottom.
Keywords: e-government, fight against corruption, administrative tradition, crosscultural generalized adoption.
Vedernikova, M. Role of e-government in reducing corruption and economic development: what could we learn from Singapore?
Abstract: In the article, the comparative analysis of e-government in Russia and Singapore is made. Fundamental differences of e-government of two countries are analyzed. The emphasis is made on the positive sides of e-government in Singapore, which would be reasonable to implement into Russian e-government. In addition, the SGeBiz platform created in April 2014, which allows companies to exercise their tender propos-als in a transparent way, is observed in details. This system is in the process of application, and the readiness of e-government in Singapore to implement new platform and to develop existing ones is important. Positive consequences for the economy after implementation of such systems in Russia are revealed. The article observes functioning the Russian electronic government in details stressing its strengths and weaknesses. Special attention is given to those elements of e-government, which need to be extended, as well as to additional services and portals of
government services, which need to be implemented into the Russian system of electronic government.
Keywords: e-government, corruption, transparency of government procurement, e-services, public services, economy.
Kostogryzov, P. Corruption and anti-corruption politics in Latin American countries: present-day challenges and trends
Abstract: Corruption keeps being one of the most urgent problems for many Latin American countries. At the same time, Russia is often mentioned as similar to Latin America at this point. The article explores particular qualities of corruption in Latin America and reveals its common and distinctive features in comparison with the Russian case. The conclusion is drawn that in spite of undoubted similarities like the scale of corruption in state apparatus and its “systemic” character, the main difference is between main actors and beneficiaries of corruption in Russia and Latin America. The author analyzes basic features of anti-corruption strategies, implemented by ruling groups in Latin American countries, the achieved success and existing problems. The article reveals that effective control over corruption could not be achieved by administrative and political means only. The way to solve the problem lies in cooperation of state and civil society.
Keywords: corruption, anti-corruption politics, transparency, civil society, Latin America.
Rudenko, V. Quaestiones perpetuae or Ancient Rome’ experience of justice without corruption
Abstract: The article analyzes the experience of Ancient Rome in creation and formation of the permanent judicial commission on criminal cases (quaestiones perpetuae), which dealt with cases of extortion, bribery, etc. Special attention is given to the role of a random selection of judges for these commissions. According to the author, the Roman legal thought anticipated the modern approach towards the formation of in-corruptible jury. In particular, what deserves consideration is practice of annual rotation of permanent judicial commission; distribution of cases on the basis of random sampling; practice of formation of permanent commissions by lot for the trial on each individual case; use of procedure of multi-stage and additional draw; formation of mixed judicial boards (split juries); etc. The article shows that this experience could be useful for modern legislators despite the fact that Ancient Romans failed to eradicate corruption in the courts. Thus, the very fact that cases of bribery and extortion of officials were subject of trial by jury is worthy of notice. The author introduces the translation of the fragment of Florentine tables known as Fragmentum Florentinum I, which describes the procedure of forming panels of judges, potentially not susceptible to corruption.
Keywords: extortion, bribery; corruption in court; impartial justice; permanent judicial commission on criminal cases (quaestiones perpetuae); commission on bribery and extortion of officials (quaestiones perpetuae de repetundis), selection of judges, the draw.