20(3)
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2020
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catalogue – 43669
ANTINOMIES
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Law

ANTI-CORRUPTION IN POLAND: LEGAL AND ECONOMIC ASPECTS

Sprengel Mieczysław

The article is devoted to the analysis of legal and economic aspects of counteracting corruption in Poland; it monitors the transformation of how corruption has been interpreted in criminal and socio-economic senses from the times of Polish People’s Republic to the present day. The role of anti-corruption institutions, including the Central Anti-Corruption Bureau (CBA), the Police, the Internal Security Agency, the Border Guard, the Military Gendarmerie and the Counterintelligence Service is also shown, with the efficiency of CBA activities being highlighted. The article pays attention to the variety of economic corruption forms and scrutinizes the methods of how corruption could be counteracted and prevented; the role of public organizations in this process should not be neglected. The concept of economic corruption is interpreted in the broad context of criminal legislation in Poland, and a detailed analysis of several court decisions on such corruption cases is presented. Having estimated the scale of corruption in Poland, the author concludes about significant progress in counteracting corruption from the time of Polish People’s Republic to the present, although infrastructure, public administration computerisation, the use of European Union funds, the defence sector, health, energy, environmental protection and services are still at a high risk of being corrupted.

Keywords: anti-corruption; Poland; Central Anti-Corruption Bureau; law; economics; prevention of corruption. 

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LEGAL BASES AND PROCEDURE FOR EARLY TERMINATION OF MEMBERS OF PARLIAMENT

Koshel Alexey

The development paradigm of Russian parliamentarism, 2008 and 2020 amendments to the Constitution of the Russian Federation are directed towards expanding the power of the Russian parliament and the accountability of the executive branch to the supreme legislative body. In this regard, a logical question arises about strengthening the independence and autonomy (primarily from the executive branch) of the members of the Russian parliament (MP). However, instead of a logical increase in the independence of parliamentarians, recently Russia has introduced internal quasilabor standards of parliament, which, on the contrary, puts MP under party control. In addition, the existing anti-corruption standards for controlling the openness of the income, expenses and property obligations of MP also have serious shortcomings in terms of the severity of sanctions – up to the early termination of MP. The problem of legal reasons and the procedure for terminating the powers of a deputy of a representative authority is considered by the author comprehensively, taking into account the specifics of the status of a deputy. It should be noted that for the young Russian parliamentarism, the study of this procedure through the prism of the constitutional legal status of a deputy is of fundamental importance. The article analyzes the judicial practice of the reasons for the termination of the deputy’s powers, statistics on the application of anti-corruption legislation to deputies of representative authorities in 30 regions of the Federation from all Federal Districts of Russia. The author also explores new grounds for terminating the deputy’s powers, including regarding the practice of attending parliament, and concludes that a number of the current legislation used by the law enforcer (parliamentary majority, courts, prosecutor’s bodies) contradicts the tasks of legal regulation of the duties of MP, and doctrinally are not consistent with the model of a free mandate adopted in Russia in 1993. Thus, the domestic legislator needs to decide whether he/she continues to follow the model of a free mandate enshrined in the current Russian Constitution, or whether it is time to return (as it was in the Soviet period) to a model of an imperative mandate. If the legislator decides to use the model of a free mandate, then the new liability measures that are introduced into the legislation should be reviewed. If the legislator finally abandons the free mandate, which corresponds to a certain trend in world practice, then it is necessary to make appropriate point adjustments to the Russian Constitution, and provide for a procedure for recalling a deputy at the federal level; especially today in the context of growing digitalization, such a procedure can be done without damage conduct using electronic voting.

Keywords: parliament; member of parliament; MPs status; State Duma; Council of Federation; legislative body; deprivation of authority; party; faction. 

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