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Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

The conference was held by the Institute of Philosophy and Law of the Urals Division of the Russian Academy of Science on October 26-27 in 2018. More information.

Part I Perspective trends in understanding the phenomenon of corruption

Martyanov, V. Double standards in defending corruption as a challenge to public consent

Abstract. Presently, in Russia rent-class and class-market ontologies of corruption coexist, stipulating contradictory principles of its definition and opposition. The political actors of these ontologies offer mutually exclusive views on the phenomenon of corruption, due to the general context of the competition of social groups over the legitimate principles of the distribution of public resources, various goods, and types of capital. The hypothesis is suggested that in the global world, and Russia as its part there is a background trend towards strengthening the rent-estate stratification of society, which presupposes the strengthening of non-market (non-economic) factor of social groups’ access to public resources. In this model, the key element of class formation is the national state, but not the free market. Accordingly, the level of legitimate citizens’ access to resources is increasingly determined by the position of citizens in the hierarchy of the state, but not by their competitiveness and requirements of the market. In such a rent-class system, relatively universal and egalitarian value-institutional spaces are suppressed being oriented towards the formal equality of citizens, and sensitive to the distortion of this equality. In terms of the rent-class order, the growing inequality of citizens' access to public resources according to estate, industry, official, geographical, and other criteria cease to be qualified as corruption. There is an increase in hierarchical inequality in access to resources, legitimized by new estate ethics of virtues, in which corruption appears as acceptable status, class or political rent. The identification of corruption is increasingly reduced to relative quantitative indicators like the excess of the estates and their individual representatives of the amount of political rent legitimated for them. Nevertheless, the rent-class order could receive wide support if the majority of the population is involved as beneficiaries, and the criteria for the distribution of political rent are relatively transparent and legitimized by public agreement of key social groups.
Keywords: corruption; stratification; rent; status rent; public consent; resource; rent-estate order; state; market classes; inequality.

Favarel-Garrigues, G. Anti-corruption as social problem

Abstract. This article presents the position that the fight against corruption is an independent social problem not directly related to the problem of corruption as such. The production of anti-corruption measures allows the one to define priorities, distribute powers, and allocate funds that are important resources for those who have them at their disposal. There are two types of such resources: competitive political resources associated with anti-corruption policies, and those resources that the fight against corruption represents for specialization in the depths of civil society. Based on comparative data and a constructivist approach, analysis uses studies that affect mainly corrupt practices in political systems most often defined as authoritarian. The main task is to show that the central problem, which anti-corruption creates, is the formation of “scandal factories” aimed at exposing political, administrative and economic officials. Based on comparative material, the article shows how the anti-corruption struggle is used by political elites to fight competitors, and the opposition – to legitimize its own activities. Three main types of professional use of anti-corruption activities as an instrument for building political careers or developing political confrontations are analyzed: “honest law enforcement officers”, “makrekera”, and fighters for justice equipped with new information technologies. An interpretation of the anti-corruption struggle from the standpoint of the sociology of scandals is presented; the main directions for further research are outlined.
Keywords: corruption; anti-corruption; opposition; sociology of scandals; civil society.

Fishman, L. Corruption for the sake of people

Abstract. The article is devoted to an attempt of answering the question: whether the populists coming to power would entail an increase in corruption, or it only looks like as such due to the aberration of perception conditioned by the domination of the liberal-democratic paradigm? From antiquity to present times, mass clientelism gets particular attention as an inevitable attribute of democracy. Mass clientelism is considered as an ordinary populist policy, in some cases objectively contributing to the processes of social modernization and democratization. It is stated that in the case of populism, the practice of mass clientelism, and the policy of encouraging the “national bourgeoisie” are added to the usual liberal-democratic corruption practices. Regardless of the actual state of affairs, the combination of these factors in a liberal-democratic paradigm looks like an intensification of corruption. Keywords: corruption; democracy; liberal democracy; clientelism; modernization.

Ershov, Yu. Corruption as a threat to statehood

Abstract. The article is devoted to problems of methodology of studying corruption in the context of social philosophy, and theory of neo-modernization. Some ideas of the 2nd conference “Actual problems of scientific support of the state policy of the Russian Federation in the field of combating corruption” of 2016 serve as the starting point for the analysis. In particular, we speak about the tradition of defining the Russian state as a class-rental (supported by V. S. Martianov), and the idea of a corrupt state (put forward by P. I. Kostogryzov). The author of this article relyes on his own conclusion about the continuity of the USSR and Russia as societies of mixed, intermediate character, which have not solved the problem of modernization, combining both features of traditionalism and modernity. They preserve the class social structure, authoritarian political regime, and syncretic unity of relations of power and property. The reason for the chronically incomplete modernization in Russian history is the desire of its initiators to retain state power in spite of the objective tasks of reforming society. The declarative nature of the principles of the rule of law, primarily the lack of independent justice, make the fight against corruption a means of intra-elite struggle for power and enrichment, a tool for redistribution of spheres of influence, resources, and income. In accordance with this conclusion, the fight against corruption is a deviation of corrupt state, which is reduced to punishment of those who do not have the right for corrupt behavior or exceed the unspoken measure’ of bribery. The selfish and self-serving policy of the ruling elite predetermines the steady growth of corruption in all spheres of power and management. It is concluded that corruption as a way of state management of the society of distribution and raw materials economy, and the corresponding class-status social structure with a high degree of probability brings the Russian state to the situation in the Soviet society before the restructuring of 1985–1991.
Keywords: corruption; state; power elites; public power; political regime.

Chirun, S. Consensus (network) corruption and problems of effectiveness of state policy

Abstract. The article is devoted to the phenomenon of consensual or network corruption that is acute for Russia. According to the author, the total dominance of this corruption is one of the main reasons for the insufficiency of the Russian model of capitalism, and the incompleteness of political transit. According to the author, corruption relations grow in our country on a fertile ground representing a neo-patrimonial style of government. The author gives a description of the main characteristics of this style of government, emphasizing that in the context of neo-patrimonialism the ruling groups have uncontrolled opportunities to use the implementation of the most important social functions and institutional procedures as a source for personal enrichment and prosperity to the detriment of the public interest. The article deals with the problems of regulation of interaction between the executive bodies of state power and the institutes of civil society and business. The author shows why and how the anti-corruption discourse today appears on the forefront of the political life of the society, and why real achievements in fighting corruption are so few in our country. Thus, in the author's opinion, the numerous anti-corruption campaigns inspected from the Kremlin has only the main goal of redirecting financial flows to strengthen control over political and economic resources in order to improve the manageability of the power vertical, but are not directed at eradicating corrupt relations. The article names different types of corruption relations, and also points out that corruption – and especially network corruption – seriously harms Russia's socioeconomic and political development; even in the end of the post-Crimean political consensus, it still threatens Russia's national security and sovereignty. The author redirects attention from the neo-institutional approach to the structures of real rather than formal social relations, and first of all, to the structures of the relationship between power and society, on which the manifestations of network corruption parasitize. The author insists on the need for an early and radical transition in the fight against corruption from today's simulative anti-corruption campaigns to a real fight against this phenomenon, which should be addressed primarily to the network form of corruption, and eventually lead to changes at the level of organization of the management structure.
Keywords: neo-patrimonialism; rent-oriented behavior; administrative society; clan; political transit; clientella; parantella; nepotism.

Startsev, Ya. Russian high officials’ anti-corruption discourse: quantitative analysis

Abstract. The article analyzes the dynamics of public anti-corruption agenda of high officials of the Russian Federation in 2000s–2010s. All public speeches of the President of the Russian Federation in 2000s–2018s, transcripts of the meetings of the State Duma of the Russian Federation in 2003s–2018s, and speeches of the Prime Minister of the Russian Federation in 2008s–2018s – a total of 15461 documents – are analyzed. The main research method is frequency analysis of the distribution of significant words that form the immediate context (within one sentence) of terms related to corruption and anti-corruption policy. The hypothesis is that the terms immediately adjacent to the mention of corruption characterize the problematic field, in which corruption is positioned in the public discourse of the head of state, parliament, and government. For identifying the most frequent terms we use relative frequency of phrases (1, 2, and 3 grams) in the sentences containing anti-corruption topics in comparison with the reference corpus (full corpus of analyzed texts), and the TF-IDF calculation of significant terms in the same sentences. The study identifies the main changes in the frequency of anti-corruption vocabulary, reflecting changes in the relevance of anti-corruption issues in public discourse of high officials. The main differences in the anti-corruption agenda of high state officials, the direction of its evolution for each official in the considered period are identified; the specificity of the contextual anti-corruption themes of public discourse of higher officials for each year is shown. The difference in the roles of various officials in shaping the agenda is stated (problematization is the prerogative of the President, the thematization in the context of current tasks and priorities is the task of the Prime Minister); we show evidence of a repressive bias characteristic of the anti-corruption agenda and its  strengthening, especially in the presidential discourse in 2009–2018. The conclusion summarizes the main differences and directions of the evolution of the anti-corruption agenda in the public discourse of higher officials.
Keywords: corruption; frequency analysis; higher official; political discourse; corpus studies.

Filippova, N. Hidden state and municipal services as a corruption factor

Abstract. The author examines the background and circumstances of the Service State concept formation in modern public law, its modern content as a system of interrelated principles of public power and public administration. The article presents an analysis of the prospects and risks of the Service States formation in the states of developing democracy, assesses the formation of such a state in Russia according to the imperative of the publicity functions and objectives of the state providing public services. The fundamental distinction between public and private interest in the provision of public services remains the same; the relationship between public (state) bodies providing services and recipients of public (state) services are public legal relations, which are similar to private law. The priority direction of formation of the Service State in Russia is formation of registers of the state and municipal services. Positive consequence of this process is the standardization and digitalization of the provision of public and municipal services, which in itself reduces corruption risks. Negative consequence is the emergence of related and hidden public services with significant corruption capacity. Taking into account the practice of anti-corruption state policy of the Republic of Kazakhstan, the author proposes to consider hidden state and municipal services as an independent corruption factor. The identification and legalization of hidden state and municipal services requires both the activity of state bodies that directly solve the problem of combating corruption, and participation of civil society entities (expert non-governmental non-profit organizations) in their identification. Assessment of the quality of public and municipal services by the subjects of public control should also include such an indicator as the presence of hidden public services.
Keywords: Service State; public (state and municipal) services; register of state and municipal services; hidden public (state and municipal) services; corruption factor.

Roy, O. Campaign to prevent corruption as a source of corruption threats

Abstract. The author summarizes the experience of public authorities in the field of combating corruption for the period 2004–2018. In contrast to the point of view that the fight against corruption harms the development of the state, the author confirms the negative impact of corruption on public life. At the same time, the article deals with corruption threats in the conduct of the state campaign against corruption itself. These threats lie in the methodological incompleteness of the very concept of corruption, and the peculiarities of the normative regulation of corrupt behavior in the system of state administration, which acts mainly in behavioral and organizational forms. According to the author, an effective fight against corruption should be carried out within an institutional approach. The article presents the factors contributing to corruption risks in the field of anti-corruption, reveals the structure of the corruption transaction, as well as its main evolutionary forms – bribe and rollback (otkat). The article identifies three strategic directions for the implementation of the anti-corruption campaign: administrative, economic and managerial, presents ways to overcome corruption threats (institutional, socio-economic and legal). Keywords: corruption; corruption deal; corruption rent; anti-corruption state policy.

Part II The potential of contemporary society in counteracting corruption

Gulyaikhin, Ya. Corruption as an attribute of crisis of civilizational development: dialectic of private and public in evolution of state

Abstract. The initial thesis of the article is the statement that the phenomenon of corruption arises already at the time of the birth of human civilization, primarily because of the existing fundamental dialectical contradiction between private and public, aggravated by the imperfection of the existing forms of government. The concept of a normal legal consciousness of I.A. Il’yin, and the idea of contractual consciousness of M.K. Mamardashvili are used as a methodological basis of the study. The author provides historical facts, which show that the imperfection of such institutions as the state, private property, and law is the main factor behind the genesis of corruption. The level of its penetration into the system of social relations is an indicator of how healthy is the relationship between a person, society, and the state. The relationship between private, which is an existential basis for the existence of a person and society, and public, which is a system-forming principle of the state, is optimal. There are dialectic relations between these fundamental principles in accordance with the law of unity and struggle of opposites: they act as antagonisms, but their existence is impossible without each other. The author concludes that it is possible to overcome corruption only when establishing equal “contractual” relations between private and public, according to which state institutions protect the rights and freedoms of citizens, and in turn, those ones are ready to defend the interests of the state. It is important to consolidate the “contractual” patterns of thinking and behavior in the legal culture of society. Theory of the normal contractual state of legal consciousness is proposed in the article. This theory may be useful for advanced research aimed at solving the problems of systemic fight against corruption.
Keywords: corruption; public; private; legal consciousness; dialectics; contractual consciousness; civilization; patterns of thinking; evolution, crisis.

Obolkina, S. Corruption in the system of general cultural representations: antonym problem 

Abstract. The article attempts to comprehend the concept opposite in meaning to the concept of “corruption”. The analysis of the existing antonyms, and the formation of the antonym-anticonception is more relevant than ever, since the word marks a certain social practice. The absence of a concept expressing the opposite of corruption means a lack of understanding of the essence, and anti-corruption efforts. The author criticizes the notions of “honesty” and “integrity” as really significant antonyms of anti-concepts in relation to “corruption”, offering to understand the idea of power as a basis, on which the opposite of corruption can be interpreted. It is assumed that the performed power has a polar sense. To argue this position, analysis of the relationship between the categories of power and violence has been performed using examples from the field of political philosophy through understanding the conceptual implications of bringing these concepts together, or opposing them. The moral and ethical deviations associated with the identification of power and violence are investigated. First of all, the transformation of morality into a prudence is concerned. The role of special kind of mythology parasitizing in the field of global generalizations is analyzed. Worldview myths regarding power are an important part of the modern person’s prudentia. Coupled with the communicative “closeness”, it increases the level of corruption in personal and social consciousness. The utilitarian-economic mode of discussing anti-corruption strategies is highlighted as the problem of the philosophical and theoretical analysis of corruption. It is concluded that the priority of such a mode is left to civil consciousness in the field of influence of prudentia. This means the impossibility of sufficient self-reflection in relation to anti-corruption efforts.  The importance of updating the philosophical position regarding the problem of power and violence for the formation of anti-corruption resistance of society is noted.
Keywords: corruption; power; violence; communicative theory of power; morality; prudential; worldview generalization.

Rudenko, V. Anti-corruption policy in the context of globalization

Abstract. The article considers the peculiarities of anti-corruption policy in the context of globalization. On one side, globalization conduces to consolidate separate states’ efforts against corruption through common anticorruption strategy on the level of international organizations taking into account the all-world anti-corruption experience. On the other side, it leads to complexity of social relations in the sphere of relations and involvement of new subjects into them, particularly transnational corporations. Thereby, it is necessary to develop new anti-corruption schemes in the situation of opposition of states and transnational organizations at the supranational level, which makes possible to preserve investment potential of the states for multinational organizations, and stability of the world banking system. Keywords: anti-corruption policy; globalization; state government; transnational corporations; international organizations.

Bereznyakov, D., Kozlov, S. Anti-corruption policy and securitization of social problems

Abstract. Anti-corruption policy and discourse constitutes key elements of the political-administrative framework of neoliberalism on the global and nation-state level. At the same time, scholarly consideration of this topic requires disengagement from its normative ideological premise, which seeks to legitimize a particular level of the state administrative efficiency. In that context, corruption can be viewed as a social problem actively constructed by various public policy actors using a range of rhetorical strategies. Successful “public career” of a socially constructed problem, and its chances “to make it” into the institutional agenda of government bodies is determined both by the resources of the actors advancing it, and by essential elements of the problem – the means, by which a particular segment of social reality is thematically defined. If the scholarly focus is placed on institutional actors that participate in implementing various political courses, the phenomenon of corruption can be named “a convenient enemy” of the state. Reconstructing strategic behavior of defense and law enforcement agencies of modern states in the public sphere allows us to focus on the strategies they use to protect their stable functions, and building up careers of their members on the notion of the permanence of these social problems. Therefore, the agencies face a dual task: to constantly assert the gravity of corruption as a major problem while demonstrating the effectiveness of administrative and law enforcement practices of confronting it. Thus, corruption as a state’s “convenient enemy” can potentially be subjected to securitization and designated as a security threat. Corruption as a securitized problem then becomes an activity target for professional technocrats and special services, which minimize involvement of civil society representatives in the process of solving the problem. Ultimately, the logic of securitization could lead to agency’s monopoly in formulating problems and means to resolve them, and transforming relevant political procedures into extraordinary emergencybased measures.
Keywords: anti-corruption policy; policy cycle; “convenient enemy”; securitization; social problem.

Tomiltsev, A., Tomiltseva, D. Compensatory functionsof corruption in the context of uncertainty of decision-making consequences

Abstract. It is impossible to limit anti-corruption efforts only to prescriptions, prohibitions “not to take bribes”, and by the system of the proper punishments. The effective system of counteractions to this phenomenon at the state level and at the level of civil society cannot operate without clarifying the reasons for the occurrence of corruption and its functions. The article deals with compensatory functions of corruption, which are understood as a way to organize human interactions aimed to satisfy the personal requirements of citizens, and surrogate the work of state institutions that are not able to fulfill their obligations. Such a situation can arise due to the conservatism of the prevailing bureaucratic system, or its incongruity with the basic system of morality. The additional point is that the situation of corruption occurs through the uncertainty of the decision-making consequences that happen in the context of the increase of external environmental risks, the absence of a clear strategy, and the necessity to strictly adhere to the prescriptions and regulations that run out of time due to the dynamics of social and economic changes. The decision-maker perceives corruption as a kind of “insurance” against negative consequences, and the only way to influence the situation, or as an equitable remuneration for the overtime work (in case that decisions are made in accordance with the law). In some cases, the participants of the situation do not consider this kind of behavior as corrupt or unlawful. The uncertainty of the future and the lack of understanding of a clear strategy leads to the fact that decision-makers looks for alternative ways to gain control over the consequences of their activities.
Keywords: corruption; compensatory functions; state interest; uncertainty; bureaucracy.

Biricheva, E. Existential grounds for impossibility of corruption

Abstract. The article studies the question of fundamental grounds, which might have become a reliable support for opposing the phenomenon of corruption. Existential level is offered as an optics for dealing with acts, making decisions, and choices due to their localization in the personal space of axiological reference points, and of individual ethical demands. Meaning a kind of co-relating structure of the human perception, which is responsible for reflection, in general, and for evaluation of the own acts, in particular, the notion of “inner Other” is used in order to analyze causes of unlawful and ethically unacceptable acts. Further, the article poses questions on the mechanisms of working of this inner instance of control, the causes for ineffectiveness of such structure in some cases, and the ways of its productive stimulation. The type of “inner Other” and the way of being are discovered in the light of the ultimate existential grounds, which differ in different cultures. Through comprehending the features of experiencing the threat of non-being, and the way of existential opposing to in the Russian culture, conclusion is made about fundamental differences in the grounds of cultural traditions in the field of socially significant actions. In this regard, the next question concerning the “birth” of laws arises, which might be immanent to the domestic culture in opposition to copying western norms. Deep mechanisms as conditions of corruption proliferation on the Russian ground due to the possibility for shifting axiological “magnetic poles” of its cultural codes are revealed. Due to the assimilating these codes through the language and sociocultural relations in the childhood, the most productive, though long-term strategy is proposed in the sphere of early axiological education, based on the development of will and self-control within the structure of “inner Other”.
Keywords: anti-corruption; act; inner Other; existential grounds; fear; way of being; cultural differences; Russian mentality; will and self-control; axiological education.

Kondrashov, P. Social conditions, life valuesand their relationship with corruption

Abstract. The author proceeds from the fact that the basis of predisposition to commit corruption and tolerance to it are life values that regulate human behavior, determine his/her life goals and acceptable ways to achieve them, which are perverted in their content in specific social conditions. As an example, the author analyzes the perversion of the content and existential understanding of such vital values as freedom, security, and life time. All these factors form a tolerant attitude to corruption. However, within the framework of such consideration of corruption, its peculiar emancipating role is revealed: corruption acts as specific (illegal) way of liberation from participation in outdated, but formally demanded practices. The author concludes that the causes of corruption in our country are so deep that its elimination requires the adoption and implementation of truly radical and comprehensive measures of different nature, but first of all – a radical change in the entire axio-sphere, the content of life values at all levels. It is necessary to comprehensively, systematically destroy the ground, on which life values are perverted in their content; through the transformation of socio-economic, political, legal, domestic and everyday structures, the system of education and education to change the ideological core of people, i.e. to change the content of their life values. Legal, political, social, economic, penitentiary, frightening, and other measures will only consolidate the positive effect obtained from the radical transformation of the sphere of life values.
Keywords. corruption; life values; commodification; marketing; bureaucratic snobbery; freedom; security; time; emancipating role of corruption; tolerant attitude to corruption.

Podoprigora, A. Evolution of holem: institute of Russian corruption in digital society

Abstract. The synergetic approach, socio-cultural analysis, and systems theory consider the genesis and functions of Russian corruption as a significant social institution, its key symbolic practices and political risks, as well as the likely scenarios for the transformation and eradication of this phenomenon in the post-industrial information (digital) society. The authors gives the definition of Russian corruption (in a single complex with the struggle for its eradication) as an institution of a quasiestate rental society that provides non-legal distribution and redistribution of a substantial part of the raw and administrative rent, as well as the seizure of social development resources for the purpose of preserving the noncompetitive (quasi-market) social environment, which guarantees it the monopoly status, habitat, income, and renewal of the ruling class (the golem of the Russian Power as an artificial intelligence system). It is concluded that the question of the fate of corruption in Russia today is not reduced to the intensity of the symbolic practices of its “eradication” by police methods, liberal or state modernization (both “from above” and “from below”), but to the agenda of deeper integration of the Russian Federation into the system of institutions established in the developed countries of the post-industrial world – cultural, legal, political, and ethical standards that stimulate the development of competition and social communication, technological innovations, effective ways of processing data and shackles information. At the same time, the essence of the matter lies not in the fullness of borrowing  institutions of developed post-industrial societies, but in understanding that there is no alternative to adapting them, since today the adequacy of the institutional architecture of the ethos and technological platforms of the global digital network is the main factor determining the morphology, status, and prospects of a society. A powerful synergy of radical changes in the external environment, which are imperative, as well as internal processes of self-organization going on in Russian society, works on such an understanding.
Keywords: corruption; post-industrial digital society; modernization; rent; golem; information system; estate; social institution; network; selforganization.

Shchedrin, N. Struggle against illegal enrichment as direction of state anti-corruption policy

Abstract. The article substantiates the need to introduce into the Russian legal system the recommendations of Art. 20 of the UN Convention against сcorruption on the criminalization of public officials for illegal enrichment. Analyzing the arguments of its opponents, the author concludes that they are mainly related to the resistance of the bureaucratic elite, which creates an appropriate propaganda entourage. Using the low level of legal literacy of the population, which for the most part does not distinguish between illegal and criminal enrichment, opponents refer to the fact that the criminalization of illegal enrichment allegedly contradicts the fundamental principles of criminal law. The author debunks these stereotypes, and shows that unearned wealth contradicts traditions, as well as religious, moral and legal norms. In illegal (unjust) enrichment there are two interconnected facets: a) unjustified increment of property from a beneficiary; b) deprivation of the ability to own, use, and dispose the property of the legal owner. Civil methods are a reaction not so much to the first as to the second. The jurisdictional claims are suitable for cases where there is a specific victim who believes that his/her property rights have been violated and who want to defend them in the court. But the potential of civil law to combat illicit enrichment is not enough. To achieve the cumulative effect, one should use the potential of the public branches of law, including the criminal one. The article cites social and legal grounds for criminalization, which include: high public danger; the relative prevalence of this phenomenon; the inability of other legal levers to reduce illicit enrichment; and the availability of adequate resources to attract illegally enriched public officials. The author’s draft editorship of Art. 2891 of the Russian Criminal Code “Illegal Enrichment”, and the new interpretation of the category “official” are presented. Chapter 151 of the Russian Criminal Code is proposed to add a new criminal law measure – “confiscation of property exceeding the legal income of a public official”.
Keywords: illegal enrichment; unjust enrichment; principles of criminalization; public officials; confiscation; property; legal incomes.

Part III Social sciences, citizen participation and governmental institutions’ resources in counteracting corruption

Vasechko, V. Latin judicial maxims as elements of legal consciousness and a form of moral evaluation of enforcement system

Abstract. The article attempts to analyze an array of Latin judicial maxims preserved till nowadays in the aspect of understanding the phenomenon of corruption, and ways to combat it. The maxims are seen not merely as a legal phenomenon, and limited scale operation of positive law, but as a form of expression of moral consciousness of society as a whole, and as elements of spiritual culture. The following main vectors of the theoretical works of Roman jurists are marked out: 1) formation of persons chosen as life opportunities in law enforcement, increased social and moral responsibility; 2) clarifying the relationship between the concepts of jus (right) and lex (law), on the one hand, and aequitas naturalis (natural justice) and simply aequitas, on the other; 3) formation of a code of ethics for judex bonus (a good judge), who is a key figure of the law enforcement system; identification of virtues inherent in her/his personality, and moral vices that are incompatible with it. The study of the texts of the Roman legal scholars proves that the problems faced by our society are rooted in deep antiquity, and that the Latin legal maxims’ capabilities can be updated to solve tasks of the contemporary anticorruption activities.
Keywords: judicial maxims; Roman law; right; law; responsibility; justice; judge; countering corruption.

Fan, I. Corruption as a problem of political anthropology

Abstract. The article analyzes the problem of society’s ambivalence towards corruption: the formal condemnation of corruption in the public space is combined with its legitimization in everyday practices. The contradiction of the legal approach to the definition of corruption, which is the broad interpretation of corrupt practices, on the one hand, and their qualification as crimes, on the other, is revealed. The article shows the theoretical positions, possibilities, and limitations of the concepts of neopatrimonialism, and the estate-rent order in Russia. From the standpoint of an anthropological approach, it is not correct to evaluate everyday informal practices in modernizing countries according to the standards of developed western countries. Theoretical and methodological foundations and possibilities of political anthropology imply consideration of the following items: the social and cultural context of the existence of legal norms; general and specific factors contributing to the legitimation and reproduction of corrupt practices; availability of different types and models of corrupt and non-corrupt practices; the positive effects of practices called corruption; recognizing corruption as a type of political influence; consideration of the role content and motivation of actions of participants in such practices: the
“buyer” of a certain state service, an official, and an intermediary. Political anthropology also serves as a tool for analyzing industrial and post-industrial societies that have preserved archaic patterns of behavior and the influence of society on power. Such features of the organization of power relations are characteristics of Russia as well. Political anthropology is able to take into account the rootedness of certain informal practices in the traditions of a particular country, national culture, and mass consciousness of people. The
author reveals the heuristic potential of political anthropology in the search for criteria for the differentiation of corrupt practices, and the possibility of legalizing some of them.
Keywords: corruption; political anthropology; legitimation; modernizing societies; corrupt practices; archaic behaviors; informal norms; neopatrimonialism; political influence; electoral corruption.

Ermakov, Yu. Abuse of public authority: the role of natural basics

Abstract. Nowadays, corruption of public authority in public and municipal administration authorities is viewed as a legal, economic, political, or socio-cultural problem. However, in Russian and foreign literature there are no works, which would reveal, with the use of the theoretical analysis, the natural prerequisites for these age-old abuses in the activities of ruling elites in different countries. Meanwhile, in the author’s opinion, natural basics related to the origin and evolution of Homo sapiens with his established specific image as a «political animal» (Aristotle), often force officials to abuse the authority entrusted to them. It is a group of hierarchical instincts inherited by humans from their ancestors-hominids or convergently emerged in conditions of survival similar to that of other ancestral relatives, and for the purposes corresponding to them, which still disposes people to use the power they have for their own benefit. In short, a man like his relatives in nature continues to establish a hierarchy of subordination of individuals in society. Therefore, corruption somehow erases in power holders that manipulate it an invisible border between animals and humans. That is why the imperfection of personal ethics and culture of officials and politicians, and the weakness of public and state control over the performance of their official powers may cause the activation of evolutionary properties of hierarchical and predatory nature of a human being. The actions of ancestral evolutionary inclinations to embezzle other people’s assets based on the hierarchical subordination are disclosed by the author, in particular, by the example of the so-called illegal, de facto legalized and traditional corruption in the activities of authorities in different countries. Based on Russian and foreign experience, the paper suggests successful
strategies for eliminating corruption degeneration in public management bodies.
Keywords: hierarchy; innate programs of behavior; official powers; rentseeking behavior; illegal corruption.

Popova, O. Features of perception of corruption practices by population of Russia

Abstract. The article analyzes transformation of the Russian population’s attitude towards corrupt practices and its individual forms in the last decade, as well as to the country's anti-corruption policy. Data of the All-Russia Public Opinion Research Center (VCIOM) monitoring on this topic from 2005 to the present are given. Results of All-Russian study (St. Petersburg State University state order, 2015) and interregional study (RFBR grant, 2018), which allowed assessing a prevalence of corrupt practices among Russian youth in all regions, are presented. The article identifies vectors of changes in state anti-corruption policy in the period from 2006 to 2018 based on an analysis of top state officials’ discursive practices and regulatory state acts. The author substantiates thesis about dependence of public perception of common corrupt practices on cultural norms adopted in society and particular social stratum, the functioning effectiveness of government structures in the state, strategies of state anti-corruption policy, and interpretation of corruption’s nature in official discourse. Mass spread in all social groups of the idea of total corruption in state structures, syndrome of addiction towards corrupt practices due to alienation of people from power, more loyal attitude towards corruption against a background of continuing hostility towards corrupt officials, double standards in assessing corruption practices in the paradigm of “friend-foe”, the attitude towards bribery at household level as the “price” of resolving a values conflict are analyzed. In addition, the author identifies most typical methodological problems that researchers face when studying the attitude of the population towards corrupt practices, and corruption in the country as a whole. Keywords: corruption; corruption practices; corruption perception; fight against corruption; population; youth; public opinion; empirical research; methodological problems of research.

Kabanov, P. Anti-corruption procedural legislation of constituent entities of the Russian Federation regulating procedure for conducting records check on property status of certain categories of individuals

Abstract. The author of the article supposes that the anti-corruption procedural legislation of the constituent entities of the Russian Federation is a valid fact. It is considerably influenced by some objective reasons, and as a result rapidly develops. Most of the constituent entities of the Russian Federation have adopted special legislative acts regulating the procedural aspects of anti-corruption activities. Regional anti-corruption procedural legislation is generally divided into several types. A separate type of anticorruption procedural legislation of the constituent entities of the Russian Federation is legislation regulating the procedure for conducting records check on the property status of certain categories of individuals. The author notes that the abovementioned type of regional anti-corruption procedural legislation integrally complies with federal legislation, whereas some of its provisions contradict federal regulations, or do not fully describe individual procedures for the application of material standards. As a result, the author concludes that anti-corruption procedural legislation of the constituent entities of the Russian Federation regulating the completeness and accuracy of records check on the property status of certain categories of individuals represents a relatively new area, and needs regular legal monitoring and improvement. The author puts forward for consideration the main directions of improving the anti-corruption procedural legislation of the constituent entities of the Russian Federation, which regulates the issues of checking the completeness and accuracy of the information provided on the property status of certain categories of individuals, i.e. expanding the list of “initiators of the property status check”; setting deadlines for authorized person’s decision to conduct an audit of information on property status; resolving issues related to the employer's refusal to appoint a check, termination of a started check, revoke of the sent requests and replacement of participants in a test activity (the basis and procedure); defining the legal status of the inspected person’s representative.
Keywords: corruption; anti-corruption; prevention of corruption; income information; expenses information; procedural rules; procedural law; records check.

Kazantsev, M. Legal definition of propensity for corruption factor of normative legal act: logical and juridical analysis

Abstract. The article analyses the legislative definition of the propensity for corruption factor of the normative legal act. Method of determining the propensity for corruption factors through exhaustive listing used in the law is fraught with the fact that outside of the propensity for corruption factors there will be provisions of the regulatory legal acts that are not covered by the cases listed in the definition, but are in fact corrupt. The author defines outlines of the system of terms concerning the propensity for corruption in the legislation. He proposes the doctrinal definitions of such terms as the propensity for corruption in the legislation; the propensity for corruption in the normative legal act; legislation with the features of the propensity for corruption; normative legal act with the features of the propensity for corruption; the propensity for corruption factor of a normative legal act. In particular, according to the author, the propensity for corruption factor of a normative legal act (draft normative legal act) is the property of a normative legal act (draft normative legal act), which is expressed in the provision (set of provisions) of a normative legal act (draft normative legal act), and creates conditions for the illumination of corruption. The article proposes the new legislative definition of the propensity for corruption factor. The article considers the property of the propensity for corruption in the legislation. The propensity for corruption is an inevitable property of legislation, it is to a certain extent an inevitable evil. It is possible to recognize an acceptable (reasonable) propensity for corruption formed by the propensity for corruption provisions, which are required in the legislation to ensure the effectiveness of the legal regulation. It is impossible to eliminate completely the propensity for corruption in the legislation. The branches  f legislation, which imply non-normative public law regulation, are the  subject to propensity for corruption in a greater degree, while branches of legislation, which imply non-normative private law (including primarily contractual) regulation – in a lesser degree. The propensity for corruption is caused both by insufficient (deficient) and excessive legal regulation. The article appraises the importance of anti-corruption expert examination of the normative legal acts. It concludes on the overstate importance of anticorruption expert examination of the normative legal acts as a measure of combating corruption. It is convenient to simulate the vigorous anticorruption activities. However, anti-corruption expert examination of the normative legal acts should be provided and improved.
Keywords: anti-corruption expert examination of the normative legal acts (draft normative legal acts); the propensity for corruption factor of a normative legal act (draft normative legal act); the propensity for corruption in the provision of the normative legal act; legislation with the features of the propensity for corruption; normative legal act with the features of the propensity for corruption; provision of the normative legal act with the features of the propensity for corruption; acceptable propensity for corruption in the legislation; unacceptable propensity for corruption in the legislation.

Khazanov, S. Anti-corruption prohibitions and limitations in system of public service as a tool of anti-corruption policy: search for optimal model of legal regulation

Abstract. The effectiveness of legal means of combating corruption depends on many factors, including the compliance of these means with the degree and nature of corruption risks, the peculiarities of specific corruption practices, which they are designed to neutralize and minimize. At the same time, the legal status of persons obliged to comply with anti-corruption prohibitions and restrictions is of great importance, taking into account their various legal, organizational and managerial capabilities to circumvent the established anti-corruption requirements. The higher the official position of a person in the hierarchy of public service, the less effectively administrative prohibitions and restrictions work, since the verification of their compliance is entrusted to the subordinate organizational structures – for the highest level of public administration, the Federal legislator should also provide additional political and legal mechanisms to deter corruption-dangerous behavior. Most of the anti-corruption prohibitions, restrictions, and obligations in the public service system are universal, that is, they apply to all types of public officials at all levels of public service. This circumstance involves the study of factors affecting the effectiveness of their use, identify characteristics of monitoring compliance with each type of ban or restriction separately, summarize regulations that could have an impact on their regulatory properties. One of the goals that should be set by the Federal Legislator in establishing anti-corruption requirements is to find the optimal balance between the law-restrictive impact, and the ability to ensure proper behavior of public servants, including timely detection and suppression of corruption offenses.
Keywords: corruption; anti-corruption policy; anti-corruption duties; prohibitions and restrictions; anti-corruption monitoring; neutralization and minimization of corruption risks.

Panov, P., Petrova, R. «Contest model» of the municipality’s head recruitment: corruption component.

Abstract. In 2015, “contest model” for the election of heads of municipalities was introduced in Russia. In the case of municipal districts and urban districts (GO), half of the members of the contest commission are appointed by the representative body of the respective municipality, and the other half – by the governor. The contest commission selects two candidates, and deputies of the representative body of the local government elect the head of the municipality from them, who directly heads the administration. Based on the incident, which took place in Tchaikovsky city, and was qualified by lawyers as “corruption”, and relying on the typology of informal institutions, which was developed by G. Helmke and S. Levitski, the article proposes to determine the corruption component in “contest model” of municipal heads recruitment more generally than in criminal sense – as such actions that contradict or, at least, substantially distort the political meaning of the “contest model” procedures. If we proceed from the dualistic concept of local self-government, the key idea of “contest model” is to align the positions of two groups of actors: regional authorities and local elites. In this context, any actions aimed at imposing one’s candidacy can be interpreted as corrupting the model. Using the example of severalempirical cases of holding contests for electing the heads of municipalities, it has been demonstrated that the range of practices that corrupt “contest model” is quite wide – from the informal obligation of “approving” the candidate by the governor to hard pressure and coercion against members of competitive commissions, deputies and candidates, and up to the breakdown of “contest” procedures.
Keywords: head of municipality; “contest model”; formal institutions; informal institutions; corruption.

Kovin, V. Electoral corruption in Russian regions: based on judicial proceedings

Abstract. Based on the anti-corruption court materials, this paper reviews some mechanisms of electoral corruption. Electoral corruption is viewed as “damage” to a state’s system of managing elections on the regional level, and as a threat to state security. Corruption has become an integral part of regional electoral politics. The following 2010 court hearing papers formed the basis of the primary research: Komi Republic – “Governor Gaiser’s Case Hearing”, “Inta Mayor Smirnov’s Case Hearing”, “The Hearing of the Head of Republic Electorate Committee Shabarshina’s Case”, Chelyabinskii Region – “Deputy-governor Sandikov’s Case”, Ivanovskii Region – “Case of Kabanov, the First Government Deputychair”. Ryazanovkii Region – “Case of the Deputy-minister of Agriculture Nozdrin”, Sakhalin Region – “Case of the Governor Kharshavin and his Subordinates”. Established corruption links were mostly related to “shadow” electoral funds, which were used to finance electoral campaigns of certain candidates and parties. The paper also identifies some other mechanisms of corruption: unofficial “electoral headquarters” established and funded by government officials; unofficial electoral funds created and toped up through bribes; electoral campaigns funded through public budget sources; bribing electoral commission members; and extorsion of bribes from candidates. “Political deputies” of regional heads acted as the main organizers of corruption deals, which also involved corrupt relationships between regional and municipal officials, electoral committee members, and businessmen. Hence, the paper concludes that law enforcement and judicial systems are not yet ready for a systematic fight with electoral corruption as their effectiveness in this field depends on the existence of political willpower.
Keywords: electoral corruption; bribes; electoral management.

Saburova, L. In the shadow of corruption: problem of identifying dysfunctions in academic community

Abstract. Following the topic of methodological restrictions in the sociological study of corruption, the article attempts to identify corruption risks in a particular professional sphere – in academic science. It is emphasized that unlike many other spheres of public life – state and municipal government, education, and medicine – corruption relations in the scientific community are not appeared as the subject of both scientific study and public interest very often. Due to the comparatively lower public attention, and the less obvious social significance of the results of scientific activity, science in many studies is not even mentioned among the spheres of big corruption, which, of course, does not mean it is not invulnerable to corruption processes. That is why, in studying the corruption risks in the science not only external assessments are important, but also a look “from the inside”. Therefore, the main provisions presented in the article are based both on the analysis of data from open sources, and on the reflection of the representatives of the scientific community themselves, identified in an empirical study of the transformation of the regional academic community in one of the Russian regions – Udmurt Republic. The article analyzes the practice of falsification of dissertations, the risks of falsification in the publishing sphere, as well as the mechanisms for the distribution of grants and other forms of financial support for scientific research as the main risk aspects. It is emphasized that these risks do not necessarily imply corruption in the literal sense since they can be behind of all kinds of dysfunctions of academic system – dishonesty, plagiarism, unfair distribution of funding, imitation of scientific work, etc. Since the analyzed practices are mostly carried out at the borders of the academic world, primarily in the relationship of science with the system of state distribution of material and symbolic resources, it is emphasized that these dysfunctions have a greater effect on the system of professional norms and expectations within the community and beyond, placing science in a kind of “shadow” of corrupt expectations. Accordingly, the article concludes that corruption processes in science influence the development of scientific resources not directly, but indirectly through lowering standards of scientific work, on the one hand, and, on the other hand, by reducing the professional motivation of the scientists themselves, who find themselves in a position of disorientation, and increasing isolation from public resources.
Keywords: corruption risk; academic community; quality of scientific product; transparency; corruption expectation; dysfunction.

Gosteva, M., Skosyreva, N., Chernyavskaya, N. Role of pedagogical community and student self-government in formation of anti-corruption world-view of trainers

Abstract. The article discusses the experience of organizing anticorruption
teaching and education of students in the higher educational
system. The significance of the study is determined by the fact that the
problem of corruption in modern society is the most acute; it requires the
search for various approaches to its solution.
The article reveals the forms of classroom and out-of-class work at
the university, contributing to the development of students' anti-corruption
outlook. The role of the university informational and legal environment in the
process of anti-corruption education is shown. The importance of education,
training, and ensuring this process is emphasized.
The necessity of generalization and dissemination of the positive
experience in the formation of anti-corruption ideology has been
substantiated. The possibility of making specific proposals in legislative
documents is discussed.
A comparative analysis of the results of three sociological surveys
carried out by the authors in 2016–2018 on the problem of corruption in
higher education is carried out. The obtained data reflects the interrelation
of the effectiveness of the work carried out on the degree of involvement of
participants in the educational process, and their role in the implementation
of various forms of work. It is noted that there is a positive trend in the
quality of students' knowledge about the nature and causes of corruption.
According to 2018 study, the number of students who do not want to choose
a corrupt behavior pattern has increased significantly. It is noted that in order
to minimize and eliminate corruption risks, it is necessary to continuously
monitor the current situation in educational institutions.
The authors conclude that it is necessary to develop a unified concept for
the formation of an anti-corruption outlook, in which common approaches will
be developed, mechanisms, forms, and methods of work will be proposed.
Keywords: corruption; anti-corruption outlook; anti-corruption;
prevention of corruption; anti-corruption education.
Shakirova, F., Abrosimova, A. Efficiency of anti-corruption policy
in evaluation of youth of the Republic of Tatarstan
Abstract. The authors consider anti-corruption policy as a complex
system, the elements of which are focused on different time perspective,
addressed to various social groups. The integral evaluation of the
effectiveness of such a system cannot be carried out on the basis of single
unified criteria. According to the authors, with regard to young people, such
criterion could be the formation of public opinion and attitude towards
corruption. In particular, it is proposed to study attitudes towards such
instrument for the implementation of anti-corruption policy in the youth
environment as anti-corruption measures conducted by various actors. The
variety of forms of anti-corruption measures in the Republic of Tatarstan is
mentioned; the adequacy of youth subculture, the preferences of the youth
audience; focus on the formation of a negative attitude towards corruption,
and anti-corruption behavior.
The results of an empirical study using the methods of interviewing
experts, a mass online survey (which does not claim to be representative due
to its exploratory nature), and the focus group method are presented. The
attitude of young people towards the activities carried out in the framework
of anti-corruption policy is considered in the unity of three components:
cognitive – awareness of the forms of manifestation and ways of countering
corruption; emotional – negative/neutral/positive assessment of corruption;
behavioral – readiness/unwillingness to participate in corruption/anticorruption
The study reveals differences in the assessment of the effectiveness
of anti-corruption policies by young people of the Republic with different
measures of social activity. Representatives of state and public youth
structures (expert group) evaluate anti-corruption measures implemented in
the youth environment as effective. Most of the representatives of socially
active youth (focus group participants) positively evaluate the events, and
they are ready to participate in them. The results of a mass online survey
reveals skepticism about the anti-corruption measures held in the country.
The study shows a high degree of polarization of behavioral attitudes, as
well as an emotional attitude towards both corruption measures, and the
phenomenon of corruption in general.
The results of the study of the attitude of young people towards anticorruption
measures in the unity of the cognitive, emotionally evaluative,
and behavioral components can be used in developing criteria for the
effectiveness of anti-corruption policies.
Keywords: anti-corruption policy; anti-corruption measures; the attitude
of young people to anti-corruption measures; regional policy; socially active
youth; effectiveness.
Part IV
Formation of new institutions and values
in anti-corruption system:
Russian and international experience
Belousov, A. Problem of revolving door in the US:
between lobbies and institutional corruption
Abstract. The phenomenon of revolving door – the transition from the
civil service to the private sector or lobbying firms – is spread all over the
world. According to different estimates, more than half-thousand former
congressmen were involved in lobbying in the US. 41% of all lobbyists had
experienced working in civil service from 1998 to 2008. In the largest lobbying
firms such as Patton Boggs LLP, and also American banks such as JPMorgan,
Citigroup, Goldman Sachs, Bank of America, and Wells Fargo, their number is
even greater. Up to 56% of the income is received by lobbying firms due to
the participation of such kind of lobbyists. In this regard, it is widely believed
that the phenomenon of revolving door is very similar to corruption. A critical
approach to revolving door allows us to view it as institutional corruption
with legal systematic and strategic influence transforming the traditional
economy into an economy of influence. In a number of assessments, such
legal corruption in its extreme form threatens to lead even to a “state
capture”, which is fraught with very serious consequences. For example, the
beginning of the 2008 world financial crisis is associated with the activities
of representatives of banks in the Federal Deposit Insurance Corporation,
where a conflict of interest was detected. Concerned about these processes,
US President George W. Bush in 2007 signed the “Honest Leadership and
Open Government Act”, according to which a “cooling period” from 1 to 2 years
was introduced for the legislators when they could not engage in lobbying
and other activities to promote someone else's interests in the US Congress.
After taking office, Barack Obama had strengthened these rules even more.
These measures led to 20% decrease in the number of lobbyists, and 10%
decrease in lobbying spending. However, with Donald Trump’s arrival in the
White House, the revolving door began to rotate much more actively, which
has brought six Goldman Sachs representatives to his administration.
Keywords: US; revolving door; lobbying; corruption; institutional
corruption; economy of influence; President of the USA; cooling period.
Vakhrusheva, E. Corruption and anti-corruption policy in Egypt
before and after “Arab spring”: within vicious circle
of Egyptian modernization
Abstract. The article analyzes combination of factors that had determined
the development of corruption in Egypt in the postcolonial period of its history,
taking into account the specific socio-political situation before and after the
events of the “Arab Spring”, which is regarded as an attempt to finally break
with the colonial past, and to overcome the postcolonial inertia. It is shown
that the structural prerequisites of the problem of corruption in contemporary
Egypt are determined mainly by the formation of an asymmetric system of
rental privileges, and an estate-based society sanctioned by the state. The
core of this system is formed by the military estate, which is regarded by
the state as its main ally in the “zero-sum game,” wherein the anti-modern
Islamist forces are the rival that threaten the very existence of the state. In
this regard, it is argued that solution to the problem of Egyptian corruption
is locked within a circle of contradictions and aporias of the specific type of
Egypt’s modernity where the state is still on the way of transition from the
postcolonial condition to the modern one challenged by persistent resistance
of anti-modern forces. With this permanent confrontation, the state has to
rely on its most modernized institution – the army, and the most mobilized
military estate promoting the formation of an extremely asymmetric system
of rental privileges, which provides relative stability. Thus, being based on
a fragile consensus between political and military elites, the Egyptian state
continues to reproduce itself as a natural state (North, Wallis, Weingast), which
incorporates corruption as an integral element. As a result, the Egyptian state
finds itself in a vicious circle, because in order to overcome the problem
of corruption as an important condition for the healthy functioning of any
modern state it needs to overcome the existing order of estates, as well as
to move from the rental mechanisms toward the market ones. At the same
time, the author concludes that by undermining the existing system of rental
privileges, and depriving the loyalty of the military estate the state might
endanger its own existence.
Keywords: Egypt; postcolonial state; modern state; anti-modern forces;
“Arab Spring”; corruption; anti-corruption policy; military estate; estate-based
society; system of rental privileges.
Skrebets, E. Anti-corruption courts: experience
of foreign countries and Ukrainian model
Abstract. The article is devoted to the research of the international
experience of the functioning of anti-corruption courts, and to the study
of the peculiarities of the legislative design of such institute in Ukraine.
The concept, classification of specialized anti-corruption courts, and the
effectiveness of anti-corruption justice in different countries, as well as the
reasons for the lack of effectiveness of their functioning in Eastern European,
Asian, and African countries are analyzed.
The article investigates the features of the adoption of Ukrainian
legislation on anti-corruption court. In addition, this work states that the
functioning of a separate system of courts in Ukraine dealing with anticorruption
cases was a requirement of western partners putting forward in
last two years. This initiative was justified by the distrust of Western experts
concerning the wiliness of the Ukrainian state bodies to prosecute corrupt
officials. The arguments of supporters and the opponents of the emergence
of specialized anti-corruption courts in the judicial system of Ukraine are
The law-making process is analyzed in the research. This process was
conducted under conditions of strict control by international experts. The
repeated alteration of the provision of the draft-law on the anti-corruption
court of Ukraine, and the adoption of the legal language on the grounds
of the recommendations of Venice Commission is stated. The norms of the
Law of Ukraine “On the Supreme Anti-Corruption Court”, which was adopted
on June 7, 2018, are analyzed. The role of the social council of international
experts is considered. This social council should have the veto to block
unsuitable candidates for the posts of judges of this court, which will ensure
the independence of its composition.
The author analyzes the grounds for Ukrainian and Western experts’
criticism of the provisions of Ukrainian anti-corruption legislation, and
forecasts the difficulties of their implementation. It is stated that the system
of anti-corruption bodies was formed on the grounds of the principle of
maximum independence from the control from Kiev. It is supervised by the
Western alliance, and has priority in the task of exercising control over the
activities of the Ukrainian political activists. This system provides additional
opportunities of pressure over the Ukrainian Government, and corresponds
to the next stage of restricting national sovereignty, namely, the transfer of
part of the judicial functions to international control institutions.
Keywords: anti-corruption court; Ukraine; Venice Commission; system
of anti-corruption bodies.
Kostogryzov, P. Corruption in Latin America: sociocultural analisis
Abstract. Neoliberal reforms of the 1990s – early 2000s in Latin America
led not to a decrease, but to an increase in corruption. Attempts to reproduce
the institutions and practices developed by a different civilization, which in
their “native” socio-cultural environment led to a decrease in the level of
corruption, do not produce a similar effect in Latin America. This has led to
the understanding that the same institutions operate differently in different
cultural environments. However, practical recommendations usually tend
to be more or less explicit advice to third world countries to change their
culture. According to the author of the article, a way out of this situation can
be found only through formulating their own model of modernization of the
political system, which is organic for Latin American societies, and takes into
account their civilizational features. Development of such a model in the
region has been carried out in recent decades by regimes of both left and
right political orientation.
Keywords: corruption; anti-corruption politics; culture; civilization;
institutions; modernization; Latin America.
Kovba, D., Rusakova, O. Corruption in East Asian countries
in international ranking of soft power
Abstract. The article deals with the problem of combating corruption
in the countries of East Asian region. The authors point out existing cultural
differences between western and eastern states: in the latter, the practice
of offering gifts is not traditionally considered illegal. The study reveals
the relationship between soft power and corruption. The latter reduces the
attractiveness of the country, thus reducing its soft influence, and hindering
the implementation of complex improvements in the social, economic,
and political spheres. In addition, corruption undermines confidence in
the government, increases instability and inequality. It is argued that anticorruption
methods include the whole range of soft-hard effects (from
tougher to softer): 1) guaranteed punishment of those responsible; 2) financial
incentives for citizens' anti-corruption behavior; 3) the establishment of
rules and regulations; 4) broadcasting relevant values and ideas, as well as
the introduction of ethical codes for civil servants. A large role is played
by the institutions of civil society, which have an additional amount of
information on the manifestation of corruption. A way to reduce corruption
is to encourage victims to report incidents in order to make corruptionists
accountable. For this purpose, citizens should feel protected, being not
afraid of retribution, know where they could find help, and be sure that the
necessary measures would be taken. The cases of countering corruption in
China and Japan show that the important conditions are: an open dialogue
between the government and society; the cessation of silencing cases of
corruption; detailed information on the efforts being undertaken; support for
non-governmental organizations; and ungag the media.
Keywords: corruption; soft power; soft power rating; corruption
perception index; anti-corruption measures; East Asia; China; Japan.
Lun'kov, A. Corruption and war: background and current strategies (On the examples of Afghanistan and Somalia)

Abstract. The article studies the role of the phenomenon of corruption in modern ideas about war. History is replete with examples of bribing warlords and entire armies. Every time corruption accompanied or was the cause of the crisis of the army and the state as a whole. However, all these facts of the past are secondary in understanding the course of development of military thought. The modern understanding of the enemy as a complex system opens the way to new strategic concepts, which, in particular, suggest corruption as a tool of destabilization. The modern history of military conflicts contains two illustrative examples of the use of the “bribe strategy” – the war in Afghanistan in 2001, and the new stage of the Somali civil war in 2006. Both countries, in terms of Western rationality, are mired in corruption, which has become an integral part of social and political life. However, the implementation of the “bribing strategy” in Afghanistan led to the overthrow of the Taliban regime, and the beginning of a new state-building, whereas in Somalia this strategy led to failure and further aggravation of the situation. At first glance, the initial sociocultural context of Somalia was more favorable for the implementation of the “bribe strategy”. Somali society is almost completely mono-ethnic and monoconfessional. According to a number of international organizations, Somalia is the most corrupt state in the world. All these factors were to facilitate the transition of local forces from one side of the conflict to the other. However, western strategists did not take clan factor into account enough. That is the main engine of the permanent civil war in Somalia. The clans' contradictions associated with the blood kinship system have such a long history, and are so deeply rooted in Somali culture that all methods of dealing with conflicts in the postcolonial space, which were traditional for Western countries, were powerless. The consanguinity and the clan system based on it is the deepest level of social structure and dynamics, in which the “side change” is almost impossible. All these circumstances led to the failure of the “bribe strategy”, and the artificial creation of government in Somalia strong and loyal to the West. 
Keywords: corruption; war; Afghanistan; Somalia; military strategy; J. Warden; terrorism; civil war.

Rudenko, V.N. Presidential council on counteracting corruption:legal basis of organization and activities

Abstract. The article is the first work, which comprehensively analyzes the legal basis for the organization and activities of the advisory body – the Presidential Council on Counteracting Corruption. It focuses more on the circumstances of the decision on establishing this Council in 2008. It shows that the creation of the Council is one of the measures to organize an integrated anti-corruption system in Russia. It emphasizes the intention of the Russian Federation to comply with the requirements of Article 6 of the UN Convention against Corruption (UNCAC) to establish special anticorruption bodies in each states parties of the Convention. It analyses the peculiarities of the Council composition and organization of its activity. At the same time, it pays attention to the recommendations of the Group of States against Corruption (GRECO). The author highlights the activities of the Council Presidium and its bodies (working groups and commissions). He disputes the propagated in the Russian scientific literature thesis on the formal work of the Council. Therefore he compares the work of Presidential Council Combatting Corruption, which operated in 2003–2007, and the work of Presidential Council on Counteracting Corruption, established in 2008.
Keywords: counteracting corruption; Presidential Council on Counteracting Corruption; powers of the Presidential Council on Counteracting Corruption; Presidium of the Presidential Council.
Dyakova, E., Trakhtenberg, A. Role of advisory bodies
in fight against corruption: American and Russian
administrative traditions
Abstract. Based on the use of the “principal-agent” model, a comparison
is made of how in two administrative traditions – Russian and American –
external principals ensure control over corruption. The authors ask why in
the Russian tradition advisory bodies (such as public chambers and public
councils) act as subjects of public control designed among other things
to fight corruption, while in the American tradition such bodies have
exclusively expert functions. Based on the analysis of the classical debates of
K. Friedrich/G. Finer, the authors come to the conclusion that in the American
tradition the external principals are primarily the media, and the interaction
of principals and agents is translated into a moral plane. An analysis of the
Russian tradition shows fundamentally different approach towards solving
the problem of corruption with the help of supervising structures with often
intersecting (or inaccurately defined) areas of authority. During the Soviet
period, external “popular control” was added to the traditional model of
control of principals over agents. Modern Russian advisory bodies are a hybrid
combining the characteristics of expert councils with the characteristics
of the Soviet people's control bodies. At the same time, the legislator and
members of public chambers and public councils do not have a clear idea of
what the anti-corruption activities of the subjects of public control should
be. The effectiveness of the activity largely depends on the readiness of the
heads of governmental bodies to interact with the institutions of civil society.
In other words, the effectiveness of the external principal is determined by
the effectiveness of the internal principal.
Keywords: corruption; principal; agent; advisory bodies; administrative
tradition; national models.
Kodintsev, A., Shkarevsky, D. Fight against corruption
in Soviet judicial system in mid-twentieth century
Abstract. The article discusses the process of fighting corruption in
the system of Soviet justice, which was accompanied by the destruction
of clans (groups) formed there after World War II. It should be noted that
the problem of corruption in the Soviet state appeared almost immediately
after its formation. However, measures to combat it did not bring long-term
positive results. Corruption has become widespread even in the judiciary,
which should have been fighting it. The following phenomena contributed
to the development of bribery among justice officers: low material level, low
level of legal culture and education, feudal relations prevailing in the party
The nature of such corruption crimes was manifested in a kind of “Soviet”
forms. Employees of the judiciary took animals for free, as well as food from
collective farms. Often, they “took the table”, i.e. drank with the defendants
or their relatives. The facts of receipt at the enterprises and in institutions
of the goods, clothes, “awards” are known. There was unlawful attachment to
the ORS, misappropriation of confiscated property. The leadership of many
Supreme Courts of the republics turned out to be involved in corruption.
As a rule, such crimes were committed by judges in groups. As a result, on
the ground, clans (groups) were formed from representatives of the organs
of justice. It is possible to single out large national clans, and exclusively
justiciary (judicial) groups (Russian and Ukrainian regions). Negative trends –
the formation of clans in the judiciary and the spread of corruption – were
temporarily stopped only in the late 1940s – early 1950s with the help of
organizing and conducting major trials of bribe-taking judges, as well as
the resignations of the heads of judicial authorities suspected in corruption.
The party leadership used the policy of mass repression to destroy the
clans. Justice workers themselves used criminal prosecution to eliminate
competitors and opponents for career growth.
Keywords: crimes against justice; bribe; ministry of justice; people's
judges; supreme courts.
Ishchenko, O. Organization of public anti-corruption examination
in the subject of the Russian Federation
Abstract. The article deals with the organization of public anti-corruption
control in the subjects of the Russian Federation. The significant role of
civil society in the fight against corruption is shown. The normative legal
documents defining the bases of public control in the Russian Federation,
including the strategy, Federal laws, and decrees of the President of the
Russian Federation are analyzed.
The main attention is paid to the activities of subjects of public control,
carried out for the purpose of analysis and public evaluation of acts issued by
public authorities, and local authorities. The Public Chamber of the Russian
Federation and the Public Chambers of the RF subjects are defined as the
main subjects of public control; public anti-corruption expertise of normative
legal acts and draft normative legal acts carried out by them is one of the
main directions of their activity on corruption prevention.
The study examined the provisions on experts and the procedure for
public examination adopted by the Public Chamber of the Russian Federation
and Public Chambers of a number of subjects of the Russian Federation.
Significant differences in the definition of requirements to the experts and
to the definition of content expertise are revealed.
The analysis of the organization of public expertise as one of the
components of public anti-corruption control in the subjects of the Russian
Federation reveals a number of problems, which include the lack of a
significant part of public experts of special knowledge and experience to
conduct a qualified anti-corruption expertise of normative legal acts, and
draft normative legal acts, which allows the authorities not to take into
account the comments received, thus turning public anti-corruption control
into fiction. The imperfection of the normative documents adopted in the
Public Chambers of the Russian Federation’ subjects makes it much more
difficult to conduct public anti-corruption expertise.
At the same time, positive trends in the work of subjects of public
control in the Russian Federation have been indicated, which expand the
opportunities of direct participation of citizens in the implementation of
anti-corruption control.
Keywords: subjects of public control; public anti-corruption control;
public authorities; local authorities; anti-corruption; public experts; public
anti-corruption expertise; regulatory legal acts.
Korsakov, K. Ways of improving criminal sanctions,
imposed for commission of corruption crimes
in the Russian Federation
Abstract. The article is devoted to the analysis of the perspective
directions and forms of increasing efficiency of criminal penalties, and
other measures of criminal and legal character, which are now in use
in the Russian Federation in fight against corruption crime as most
widespread kind of official crime. The author emphasizes and explains
remaining prevalence in an arsenal of receptions, means, and methods
of counteracting corruption manifestations of measures of the legal plan,
and first of all – criminal and legal influence. Nevertheless, the latter
does not reach in our state the maximum effectiveness in view of the
palliative stopped character given to them by the domestic legislator. In
this connection, the article offers ways of their legislative completion,
improvement, and increase in their precautionary potential. Besides already
used types of criminal penalties, the author offers to enshrine new types
in the existing criminal legislation, and to actively put them into practice;
it will be effective in respect of achievement of the goals of restoration of
social justice, prevention of commission of new crimes, and correction of
corrupt persons. In particular, it is recommended to give back the status
of criminal penalty to confiscations of property, and to apply this criminal
and legal institute as it was before, to its rash abrogation; it is offered to
enshrine in the Criminal Code of the Russian Federation precept of law
about lifelong deprivation of the right to hold certain positions, or to be
engaged in a certain activity, which at commission of the first corruption
criminal encroachment would be appointed at the discretion of court, and
in case of repeated commission of crime of corruption character it would
be applied without fail; the problem of deficiency of a manpower in areas
with severe climate and severe conditions of accommodation is offered to
be solved by means of returning to the domestic criminal legislation, and
applications to corrupt officials of such criminal penalty as the reference;
the offer to deprive of a special, military or honorary title, a cool rank, and
the state awards of the persons who have committed heavy and especially
serious crimes of corruption character without fail is reasoned.
Keywords: corruption crimes; criminal liability for bribery; fight against
corruption; criminal penalties; prevention of corruption behavior.