The Second All-Russian Scientiﬁc Conference with international participation “Current issues of scientiﬁc support for the state anti-corruption policy in the Russian Federation” (Ekaterinburg, 29 September – 1 October 2015)
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).
Theoretical-methodological foundations of the research of anti-corruption
Ershov, Yu. Corruption in Russia: problems of research methodology
Abstract: The article is devoted to problems of methodology of research on corruption. The starting point of the analysis is K. Kiselev’s concept of the symbolic aspects of combating corruption. Further, symbolic logic of reproduction and combating corruption – logic of corruption incurability, justification, and universality of corruption, on the one hand, and the logic of symbolic capital, global experience and civil resistance, on the other, – are interpreted in the framework of the phenomenological approach. It is shown that the methodology of social construction is limited by unstable, non-equilibrium state of society and its deep, internal tendencies. It needs to be supplemented by a methodology that shows the unity of the real social processes and their mapping (“symbolic logic”) in the minds of the direct agents of those processes. In this case, “symbolic logics” are treated as the social activity systems, existing in the form of “converted forms”, creating the illusion of their autonomy. Therefore, corruption as an isolated independent entity actually symbolically expresses the way of public administering the society of distribution of the commodity economy and corresponding classstatus social structure. In addition, anti-corruption thought forms (the growing symbolic capital of real agents of the opposition, the recognition of the true scale of corruption, and positive world experience to deal with, the rehabilitation of civil society as a significant force of resistance) occur independently of anyone's ideal intentions, and reproduce the existing system of power and social relations. The conclusion is drawn concerning the simulation nature of corruption counteraction in Russia. Maintenance of modus vivendi of the Russian state in its typological terms transforms the fight against corruption into chronic process with periodic bouts of exacerbation and predictable ending.
Keywords: corruption, symbolic logic, social designing, mass conscious, transformation form.
Martyanov, V. Corruption and caste revenue
Abstract: The fight against corruption is a mistaken external understanding of the realities of Russian natural state where corruption, despite political rhetoric, is a legitimate status rent. Thus, the basic condition of effective corruption’s reduction is the transformation of the estates state into the civil one, as well as of the rent mechanisms – into the market ones. Only in the modern society, the estates rent could be defined as socially inacceptable corruption that needs practical, but not rhetorical, solution.
Keywords: corruption, corporate state, status rent, anti-modern consensus, liberalization, modern society, market, collective goods.
Fishman, L. Fighting corruption as policy of segregation
Abstract: The article explains that consistent anti-corruption strategy has been formed in the framework of the domestic political regime. It consists of the systematic cutting-off all large sectors of society from the corruption-potential areas – social in the first place – by eliminating the latter under the pretext of their corruption and inefficiency. In addition, the policy of segregating citizens from the state seems to be legitimate because Russia can easily be described as “totalitarian oligarchic rentier state”. The only problem is the technical difficulty of the implementing moral segregation: planting two different value systems for civil servants and the public. As a result, elements of the “servile” value system are addressed to citizens by mistake. This situation creates the illusion for them that someday they would be included into a “class title”, and they would be payed fair “homage”. However, the consistent pursue of the policy of segregation carried out on a “salami” base is quite capable to destroy such senseless hope.
Keywords: corruption, segregation, neo-liberalism, “the serving state”.
Kiselev, K. The public system of combating corruption: symbolic aspects of activity
Abstract: The article considers the issues related to symbolic aspects of authorities’ activities in countering corruption. The author focuses on symbolic schemes, which are universal for the most parties built-in anti-corruption system. Several of the most considerable and common schemes (logics) are pointed out: the logic of competence, the logic of independence, the logic of procedurality, “inexorable gradualism”, and the logic of delegation of responsibility. Analysis of symbolic logics of
competence reveals the paradox of competence: if competency of power agency with legal capacity in countering corruption is sufficient, and, in the meantime, corruption exists, then this power agency is being corrupted itself. Study of the symbolic logics, which justify the independence of power agency, allows identifying the following basic techniques: staying above the fray, endless institutionalization, and appeal to the “higher” authority. In its turn, the logic of delegating responsibility comprises the logic of delegating responsibility to the “lower” and “higher” institutions, as well as the logic of delegating responsibility to public at large, or laying the blame on the circumstances of insuperable force. The author concludes that growing role in symbolic politics of power agencies is assigned to the logics of procedurality, which are expectedly aimed at minimizing the corruption problem and postponed result in anti-corruption activities.
Keywords: corruption; countering corruption; symbolic politics; symbolic logics used in anti-corruption activities of public authorities and local self-government bodies; the prospects for symbolic politics in countering corruption.
Obolkina, S. Corruption and everyday life “mechanisms”
Abstract: The article discusses some features of corruption’s perception and measures to counter it. Especially important are those “mechanisms” that function in the everyday experience. Information related to various measures of influence on the consciousness of citizens is transformed under the influence of the non-rational factors. The absence of analysis of these factors leads to their neglecting in the actual practice of the fight against corruption. This factor considerably complicates the process of the formation of anticorruption worldview in the Russian society.
Keywords: everyday knowledge, anti-corruption worldview, information concept of emotions, estimation of probability.
Lobovikov, V. Aristotle on corruption in general and problem of corruption of basic scientific research in particular: natural law and formal ethic
Abstract: The paper has two interconnected aspects: the first one – linguistic and history-of-philosophy analysis of ethical and metaphysical doctrine of Aristotle on corruption in general. In this respect, a discrete mathematical model of the moral phenomenon under investigation is constructed and considered: the two-valued algebra of the natural law-and morals is exploited. The second aspect of the paper is formal-ethical and naturalistic-judicial analyzing the problem of corruption in basic scientific research. In this respect, for the first time the precise definition of the notion “basic scientific research” is submitted, which necessarily implies a time variable and usefulness-of-knowledge one. The submitted definition (criterion) gives a possibility to establish at any moment of time definite borderline between the basic and the applied scientific search (the line undergoes change in the flow of time). The given criterion (definition) of the fundamentality of scientific investigation makes possible to see clearly the actual problem of their corrupting in a new light. With some additional conditions, this new evidence could help to solve the problem.
Keywords: Aristotle, corruption, algebra-of-the-natural-law, good, evil, evaluation-variable, evaluation-function, basic-scientific-research.
Lun’kov, A. Philosophical analysis of theory and practice of fight against corruption in Russian army in late XIX – beginning of XX century
Abstract. The article presents the results of the analysis of fight against corruption’ practices in the Russian army in the late XIX – the beginning of XX century. From philosophical point of view, we analyze the distinctive features of the corruption in the army in both peacetime and wartime. There were two kinds of subjects of the corrupt behavior in the army – the commanding staff and the regular members. These subjects significantly differed in their reasons for crime and offenses, as well as in their impact into the state of the army. The article investigates the effect of distorting the war over public and individual consciousness. This effect contributed to the formation of the criminal behavior among troops and civilians associated with economic and other activities of the army. Russian-Turkish war of 1877–1878 and the First World War are considered as examples. Both of these wars are characterized by economic abuse and crime on large scale. In addition, during these wars some kind of steps were taken in order to remedy the situation.
Keywords: corruption, Russian army, Russian-Turkish War, First World War.
Institutional potential of the government agencies in anti-corruption
Glazyrin, V. Anti-corruption activity: state policy and anti-corruption legislation
Abstract: Recently, no significant changes have been observed in anticorruption activity in Russia. This phenomenon determines the aim of this article, i.e., to consider analytically the problem why it is impossible to achieve significant positive results in anti-corruption activity in Russia. In the beginning of the article, five research cases are presented. These cases reveal how legislative norms affect corruption in public life in different countries depending on specific social and cultural factors. Further, corruption is considered in terms of Russian institutional matrix. In conclusion of the article, it is stated that Russia’s specific historical and cultural features do
not exclude the necessity to study and use international experience of anticorruption activity. In addition, it is emphasized that transparent social relationships are not possible without institutions that ensure the rule of law and independence of court.
Keywords: law, corruption, anti-corruption policy, institution, institutional matrix.
Panteleev, V., Kananin, A. On some issues of application of modern Russian anti-corruption legislation in the sphere of economic activity
Abstract: The article discusses one of the most urgent problems of modern Russia – corruption. Change in the geopolitical situation in the past year, as well as permanent political and economic reforms in the country, have a significant impact on the level of corruption in the Russian Federation. The main reasons for this negative fact are the following: poorly organized work of public institutions, the current legal system, as well as the staff of the departments of state power and administration. According to the authors, a number of norms of the modern anti-corruption legislation are in need of improvement and refinement. This is especially true in the spheres of economic activity, because this is where the corruption of abuse causes the most damage to consumers, that is, all citizens of the country. Such an approach towards the problem would be of interest to specialists in the field of law, as well as in the field of social and political sciences.
Keywords: corruption, economic activity, consumer market, crime, anti-corruption legislation.
Tarasova, G. Protection of whistle blowers in anti-corruption matters: project and reality
Abstract: The paper contains analysis of the effectiveness of existing legal rules and the draft law of the Russian Federation on the protection of persons reporting to the authorities about facts of corruption. The author criticizes the failure of the already established rules of the protection of whistle blowers in anti-corruption matters, as well as the cursory nature of the draft law. The paper gives an example of court’s bad faith interpretation of the decree of the President of the Russian Federation on the protection of whistle blowers. The author describes opportunities to improve legal regulation and practice of protection of people who report about corruption from prosecution. The paper proposes to create an interdepartmental Commission with public participation to consider questions of disciplinary prosecution of whistle blowers. The paper includes analysis of norms of the draft law of the Russian Federation about the pecuniary remuneration of whistle blowers; the author examines additional options of payment for this remuneration. The author also draws attention to the need of rehabilitation of the whistle blowers who has suffered prosecution.
Keywords: whistle blowers, prosecution, legal protection, presidential decree, draft law.
Filippova, N., Zakharov, A. Anticorruption examination of projects of municipal legal acts: legal regulation and problems of organization
Abstract. The article identifies features of the legal regime for the implementation of anti-corruption expertise of draft normative legal acts of the Russian municipalities and their representative and executive bodies. The characteristic of the legislative basis of such examination is given, its subjects and types are identified. The implementation of anticorruption examination of projects of municipal legal acts in the largest municipality of Khanty-Mansi Autonomous District – Surgut city – is analyzed. The basic problems of such implementation are named: formal internal anti-corruption expertise; the virtual absence of independent scientific expertise; gaps in the legal regulation of the procedure of the performance examination, which completion is possible only at sufficiently high level of quality of legal regulating municipal acts. Proposals for improving the legal regulation of the order of the anti-corruption examination of draft municipal regulatory legal acts are provided.
Keywords: municipality, legal act, law-making process, anti-corruption expertise.
Kovin, V., Panov, P., Podvintsev, O. The problem of content of «electoral corruption’» concept
Abstract: Some aspects of corruption in electoral process are discussed in the article. In the framework of the concept of “electoral corruption”, the activity of the key actors – voters, candidates, election commissions, media, etc. – has been analysed. This allows distinguishing some patterns of activity, which could be interpreted as “electoral corruption”.
Keywords: corruption, electoral process, bribery, coercion, voters, election official, candidate.
Korsakov, K. Calibration of means and measures of socio-public impact as a core issue of combating corruption in Russia
Abstract: In the article, the author indicates that activities implemented in the Russian Federation on combating corruption as an expanding, destructive and socially dangerous phenomenon has palliative nature. The article draws attention to the evident weakness of the scale of means and caliber of methods used by the state and society in combating corruption. In particular, for the current criminal codification it is proposed to extend the term of serving punishment in form of imprisonment in
relation to corruption offences that are required to be eligible for parole up to ¾; in respect of corruption offences, to cancel legally the possibility of conditional conviction; to establish a special body dealing with the official and corruption crimes; to introduce criminal responsibility of public officials in case of failure to report about corruption offences committed by their colleagues during the service; in making decision on the momentous question of the admission of university graduates to serve in the Russian law enforcement bodies to attract teachers of higher educational institutions, in which the candidate was trained.
Keywords: corruption, prevention of corruption, liability for corruption offences, fight against corruption in Russia.
Roy, O. Corruption in local government
Abstract: State authorities are not the only institution in the Russian society, which are affected by corruption. A significant flow of corruption cases spread on the local authorities as well. In Russia, dozens of large municipal officials were detained and convicted. In these circumstances, we should ask the question: how legitimate is this situation; is it determined by the municipal reform? Based on generalization of judicial practice, the article represents typology of unlawful actions of representatives of municipal authorities, and identifies factors causing corruption trends on the local level. From the standpoint of the safety assessment of corruption,
the author carries out a critical analysis of the office of city manager, as well as of a number of changes in the Russian legislation aimed at expanding the scope of responsibility of regional authorities. At the same time, the author warns against the negative consequences of the “anti-corruption campaign” causing passivity and lack of initiative of municipal leaders. In the final part of the article, the author offers several conclusions and recommendations.
Keywords: corruption, local government, city manager, land resources, “anti-corruption campaign”.
Zakharov, I. Problems of fight against corruption in implementing legislation on local government
Abstract: The article is devoted to anti-corruption in the implementation of local government legislation; it analyzes activities of local governments in fight against corruption. Further, the author reveals main aspects of changes in the law on the local government, which contradict the principle of independence of local self-governing ensured by the Russian Constitution. The implementation of local government reform should be carried out in compliance with the interests of the local community; it could not be imposed on concrete municipalities. Public authorities often equate the term «intervention» and “guarantee”. The implementation of the conditions for the effective development of local self-governing is the duty of the state; consequently, creating obstacles to self-governing is just one of the corruption-factors. Presently, the main value of the fight against corruption is the possibility to identify openly and with the participation of all concerned bodies and institutions what has been done by local government in this area, how it would improve the effectiveness of anti-corruption work, and what legal mechanisms are needed.
Keywords: local government, corruption, anti-corruption, corruption factors, local government body.
Prevention of the conflict of interests, and ethical problems in anti-corruption
Mikhaylov, V. Conflict of interest: legal regulation and practice of solving
Abstract: A definition of conflict of interest in the public (municipal) service is provided; the role of ethics in managing and resolving them is shown; the regime of notification about personal interest, which can lead to a collision of interest, and measures to prevent conflict of interest are revealed.
Keywords: conflict of interest, personal interest, anti-corruption, public service, municipal service.
Chernyak, T. Mechanisms of preventing conflict of interests and fight against corruption in public service: experience of European community
Abstract: The article discusses the experience of international cooperation of the Siberian Institute of Management – the branch of RANEPA – and the author with experts from the European Union (EU) Germany, Poland, and the Netherlands in the study of anti-corruption and conflict of interests, and adapting considerable international experience. Thus, both formal and less formal disciplinary law exists in all EU countries, which is an essential component of the civil services, as it ensures the effectiveness of public administration and respect for the bureaucracy. The article identifies the most important duties of civil servants: the subordination of the Constitution and the law; the need for compliance with the orders and instructions to senior positions; political loyalty; observance of neutrality, confidentiality and official secrecy. In all countries, the EU pays great attention to the ethics of public servants, which is reflected in the Code of Ethics. It helps to prevent violations of the civil service and to ensure the priority of public service and public interest over private; acts of civil servants in strict accordance with the constitutional principles; integrity in relation to citizens; non-discrimination of citizens in their relations with the administration; loyalty to the state; consistency, honesty, etc. Almost in all EU countries, a service for the fight against corruption in public administration has organized structure; administrative transparency of public service, etc., is considered as very important. The article presents the comparative analysis of the possibilities and limits of applying the experience accumulated by EU mechanisms for settling conflicts of interests and fighting against corruption in the civil service of the Russian Federation.
Keywords: conflict of interests, anti-corruption; international experience in prevention of conflict of interests.
Neskorodov, B. Corruptions risks in the system of public power: problems and ways to solve them
Abstract: The article is relevant due to the importance of understanding causes and conditions of corruption behavior of certain public servants and business representatives in order to form an effective anti-corruption system of public administration and counteracting corruption. Purpose of the article is to review and rationalize the corrupt personal traits, which are measurable and evaluative, that would distinguish such person from the citizen who is really intolerant towards corruption and ready to honestly and conscientiously fulfill the state and other important public functions. According to the author, it would create legal mechanisms to minimize the risk of corruption through more effective human resource policies aimed at avoiding hiring for public office persons with high risk of corrupt behavior. Analyzing the subjective side of corrupt behavior, the author concludes that a corrupt person is characterized, in varying degrees, by deformation of moral consciousness, which predetermines the dominance of egocentric orientation of the individual. Since the individual value orientations are very stable, their knowledge allows to predict with a high degree of probability the behavior of an individual in a particular situation affecting his personal or public interests. In order to minimize the risks of corruption, personnel policy has to take into account the peculiarities of the system of values of candidates for public office expressed in their moral and ethical qualities, considering as professionally unsuitable those ones, which dominates egocentric orientation of the person.
Keywords: corruption; intolerance towards corruption; anticorruption management system of anti-corruption measures; risk of corruption; egocentric orientation of personality; corrupt behavior; cause of corruption; anti-corruption personnel policy.
Irkhin, Yu. Methodology of formation and improvement Code of Ethics for public servants as means of anti-corruption policy: foreign and Russian approaches
Abstract: The article considers methodology of the analysis of Codes of Ethic of the contemporary government service and the public servants as the means of anti-corruption policy. The author researches the ethic operation factors, the ethic regimen and the ethic experience of the state employees abroad and in Russia.
Keywords: anti-corruption policy, public servant, modern government service, ethics, code of ethics, ethic operation factors, ethic regimen.
Kazantsev, M. On some legal aspects of “Code of Ethics for public servants of the Russian Federation and municipal employees” draft
Abstract: The article contains legal analysis of some aspects of the draft “Code of Ethics for Public Servants of the Russian Federation and Municipal Employees”, as well as draft of the Federal Law “On the Amendments in Some Legislative Acts of the Russian Federation (in a part of establishing duty for public servants of the Russian Federation and municipal employees to comply with the Code of Ethics for Public Servants of the Russian Federation and Municipal Employees)”. Legal nature of the Code of Ethics statements is analyzed. These statements are defined as rules of law of advisory nature, which are desirable, but nonbinding for enforcement. The article shows that there is legal inconsistency between the project “Code of Ethics”, which constrains rules of law of advisory nature, and draft of Federal Law, which establishes legal responsibility for violation of rules of law of advisory nature, because legal responsibility is established for violation of juridical nonbinding rules of law of advisory nature. Through establishing legal responsibility for violation of advisory rules of the Code of Ethics, Federal Law actually transforms rules of law of advisory nature into obligatory rules of law, and thereby changes legal nature of the Code of Ethics’ statements. In addition, the article examines the problem of possibility of legal consolidation of ethical rules, namely, giving features of legal rules to them. Essentially, ethical rules in the group of establishing rules may be determined as legal rules. Principally, ethical rules of more or less concrete character, enforcement of which may be detected (controlled, fixed and so on), could become legal ethical rules. The content of the project “Code of Ethics” is analyzed, some disadvantages are defined.
Keywords: Code of Ethics; legal nature of Code of Ethics; project “Code of Ethics for Public Servants of the Russian Federation and Municipal Employees”; social rule; method of establishing social rule; rule of ethics; rule of law of advisory nature; legal responsibility for violation of advisory rule.
Vasechko, V. Logical structure of “Code of Ethics for public servants of the Russian Federation and municipal employees”: landmarks of improvement
Abstract: The article analyzes “The Code of Ethics for Public Servants of the Russian Federation and Municipal Employees”. This draft is considered as the deontic aggregate appeared at the intersection of interests of politico-legal, professional, administrative, traditional and other regulatory systems. The ways of further improving the logical structure of the Code are outlined. Inconsistence of connecting humanism and patriotism, principles of honesty and social responsibility in the same notion is justified. The need for skilled and careful lexical selection of fundamental ethical concepts in order to avoid both non-exhaustiveness for control actions and verbal redundancy for registry of used terms is proved. The reasons for inclusion into the Code of Ethics permissive legal norms such as the right to protest against wrong orders of management and applying for the court to protect civil rights are suggested.
Keywords: Code of ethics, logical structure, regulatory system, ethical principle, moral requirement, humanism, patriotism, integrity, social responsibility.
Romanova, K. Socio-psychological factors determining corruption
Abstract: The author shows that the problem of corruption has strong social and psychological components, as well as socio-cultural and mental roots. Corrupt behavior is not so much determined by external circumstances than depends on the internal determinants: a complex of certain personal traits, his/her installations, values and ethical norms of behavior regulation. Solving the problem of corruption is possible only through systemic approach. Other institutions associated with the education and training of the person should conduct their activities in order to generate such personality traits, which are based on the honor and dignity that could counter the “virus” of corruption.
Keywords: corruption, corrupt behavior, “market” personality, psychosocial anti-corruption measures.
Problems of formation of new institutions and practices in the system of anti-corruption: Russian and foreign experience
Guanghui, Xie. Resolutely combat corruption, united to create a better future
Abstract: The article reviews China’s experience of combating corruption in the context of the decisions adopted at the 18th National Congress of the Communist Party of China held in Beijing on November 8-14, 2012. Underlining that the Party leadership apprehends the danger proceeding from corruption, and sees its main aim as self-control and self-purification, the author describes key directions of China’s current anti-corruption policy, among which he specifies the following: 1) implementation of the regime of accountability for building of the incorruptible Party apparatus; 2) refining of the Party structures workstyle in order to prevent estrangement of the Party from the people masses; 3) preventing corruption before it becomes rampant; 4) consolidation of the role of the Central Committee of the Communist Party of China inspection groups; 5) intensification of reforming of the discipline inspection mechanism; 6) intensification of international search of corrupt officials, fled abroad from prosecution, as well as recovery of stolen property.
Keywords: the 18th National Congress of the Communist Party of China; China’s anti-corruption policy; self-control and self-purification; refining of the Party workstyle; discipline inspection; international cooperation.
Rudenko, V. Civil grand juries in California and their role in combating corruption
Abstract: The article analyses the institute of civil grand juries established in the legislation of California. The author underlines that even during the colonial period in the USA history civil grand juries served as public controllers of the governance activities. After the revolution of 1775–1778, they remained the only bodies, which considered the citizens’ claims on arbitrariness of the officials and corruption. The members of civil grand juries played the role of the public watchers reflected in the idiom “watchdog function”. However, during XX century this function was under critique due to some notable and groundless charges of grand juries against the high-ranking officials. In most of the states, grand juries began to fulfill exclusively criminal-processual functions of checking validity of the attorney’s criminal charges. Nowadays, the grand civil jurors fulfill “watchdog function” only in few states. Nevertheless, in the USA due to the importance of citizen's control over power, as well as the corruption problem, the expedience of exercising of this function by grand juries not only on the level of the state but on the federal level of judicial power is widely discussed. Therefore, the author takes into account the experience of legal regulation of the grand juries’ activity in California, where “watchdog function” is well developed. Based on the norms of the state Criminal Code, the article shows that grand juries are empowered with the extremely important authorities in controlling and supervising financial, economic and other activities of officials and bodies of governance, as well as methods and the system of governance itself. The author pays special attention to the arguments for and against fulfillment of “watchdog function” by grand juries, and for the process of grand juries reformation in relation to critique of their activities. He emphasizes that since the beginning of the 2000s, grand juries, which fulfill public control and supervision functions, have obtained the certain autonomy from the traditional grand juries acting in the framework of the criminal procedure. They got the title “Grand civil juries”. The author analyses the order of formation and activities of the civil grand juries. He demonstrates that the state legislator tries to strengthen the representation of all population groups in the composition of the grand civil juries, strives toward more openness of these bodies, and takes steps to raise the responsibility of jurors for their decisions. According to the author, in some degree, it is possible to take into account the California experience in elaborating and improving the Russian legislation on the public control.
Keywords: grand jury, grand civil jury, power of grand civil juriy, civil control, civil supervision, “watchdog function”.
Dyakova, E., Trakhtenberg, A. Public Councils attached to executive branch of public administration and fight against corruption
Abstract: The role of public councils in the fight against corruption is considered in the framework of theoretical model of “principal-agent”, according to which civil society organizations take a position of principals with respect to the authorities – agents. Successful fight against corruption requires mobilization and coordination of civil society by the state. The article shows how the Russian lawmaking institutionalizes advisory and consultative bodies as agents of public control designed to implement a set of anti-corruption practices. Based on the monitoring conducted in the Urals Federal District in the 1st half of 2015, the authors conclude that the potential of public councils as agents of public control is underutilized. The authors examine the gaps in legislation and organizational work, which prevent public councils to implement fully their mandate. The authors analyze the “reset” of public councils, which currently takes place at the federal level, and is aimed at improving the quality of their expert work, including the field of combating corruption.
Keywords: corruption, principal, agent, advisory body, regulatory framework, Public Chamber, Public Council.
Saburova, L. Corruption in remission: balance of “health” and “disease”
Abstract: In the article, metaphors of “health” and “disease” are used in the analysis of the process of adaptation of the Russian society to corruption. The observation of everyday and special discourses on corruption, as well as the data of sociological surveys indicates a high degree of “addiction” to the corruption and to the “fight against corruption” in the society. Moreover, declarative character and continuity of the fight against corruption becomes a factor of the institutional support of social expectations. The medical metaphor indicates the level of adaptation to a chronic disease, which can be described by the term “remission”. With regard to anti-corruption activities, metaphor of “remission” allows to explain some features of corruption and anti-corruption behavior of Russians, as well as high level of monopolization of the anti-corruption policy in the hands of the state. From practical point of view, the model of corruption as a model of chronic disease in remission justifies the need for an emergency to fight not against “disease” but its specific “symptoms”.
Keywords: addiction to corruption, corruptive social expectations, remission, monopoly over fight against corruption.
Kondrashov, P. Modern Russian adolescents: structure of life values and propensity towards corrupt acts
Abstract: On the basis of analysis of the results of empirical studies of terminal and instrumental life values of adolescents conducted in a series of opinion polls (1998, 2004, 2012–2014), it is shown that the structure of adolescents axio-sphere has changed radically during the study period. In 1998, the most important life values were money, material well-being; it is in contrast to 2014 when the values are good health and love. Thus, there is a reorientation of adolescents from mercantile values to spiritual values. On the other hand, changes occur in the system of instrumental values. In 90-s, other people; it is in contrast to 2014 when teenagers are guided more by their own strength, as well as future social rent (by means of "investing" into their own future themselves through education, etc.) The characteristic of the modern urban life values of adolescents, which is determined by postindustrial way of life, is the inability to the long-expected implementation of their life goals. Therefore, contemporary teenagers among the structure of instrumental values prefer to use money as a mean of achieving their goals instantly in order to accelerate the implementation of their life goals. This is compounded by the fact that in modern capitalist society many of life values (education, health, love, and friendship) are transformed into exchange-values. These factors form the real susceptibility of adolescents to commit acts of corruption. The author concludes that mercantile oriented
adolescents of the 1990-s would give impetus to the growth of corruption in Russia in the coming decades. However, generation of adolescents of the 2010s is more spiritually oriented, thus, within two or three decades they will form a society with a low corruption component.
Keywords: life values, adolescents, corruption, inability to wait, value as exchange one, terminal and instrumental values.
Golovin, D. Non-commercial partnership «Komitet-101»’s practical experience of anticorruption
Abstract: This is a real story about civil society activist’s organization, which was founded in 2004. The activists look like opposition because Russia is the state of wined officials. The members of “Komitet-101” think that Russian officials and corruption are synonyms – one of them born the other one. Those circumstances make our country more weak and defenseless – especially in front of economy hesitations. One of the most important instruments in fighting against corruption is to take part in the judicial deals and to rely on the law. Fortunately, Russian laws are suitable and rather founded on common sense – so sometimes they get success. Nevertheless, in general this organization is one form of resistance towards officials dictate. The independent civil activists cannot work in Russia – “Komitet-101” is just one of the lucky exception from this rule. In addition, the government does not help them – who want to add the problems for oneself? There destiny should be dim and unlucky. Anyway, they still fight. And, still alive.
Keywords: civil society activist, corruption, fight, official, “Komitet-101”, law, court, Russia.
Vedernikova, M. Anti-corruption policy of European Union: lessons learned and current challenges
Abstract: The anti-corruption policy of the European Union as an association of European countries is complicated not only in substance but also because of the complex structure and multiplicity of forms of such association. Today, we deal with three levels of European countries: the European Union, the Schengen area and the Eurozone. Currently in the European Union, there is no integrated mechanism of political and legal regulation. This is the primarily reason, which generates weak political integration of the EU countries. Nevertheless, the main reason is the lack of institutional arrangements between member-countries concerning the establishment of such mechanism. The article provides a definition of corruption that is acceptable to the EU; it identified forms of corruption in the framework of three levels of European countries; it selects political and legal aspects of anti-corruption activities of the EU; it gives examples illustrating both the effectiveness and the weakness of the EU anti-corruption policy. As the European Union has no anti-corruption law, criminal liability of neither individuals nor legal entities is not provided. Therefore, the EU uses the standards of criminal responsibility for corruption crimes provided by the documents of the Council of Europe and the UN. The effectiveness of anti-corruption policy of the EU is discussed in the article in its dependency on the incorporation of anti-corruption measures in the overall reform process of the EU. In conclusion, the author states that the EU is actively engaged in the fight against corruption, and it brings tangible results.
Keywords: European Union, Eurozone, corruption, corruption crime, anti-corruption activity, anti-corruption law, Council of Europe.
Makarova, M. Anticorruption activity of civil society in EU countries (case of Latvia): analysis of promising practices
Abstract: The article considers issues of the nongovernmental organizations’ anticorruption activity in the EU countries using the example of Latvia. The background of its creating and basic components of international and European anticorruption policy is analyzed. As a methodological base for analysis of civil society involvement in anticorruption activity, the conception of collective action and the model of universalism-particularism have been chosen. These theories are most appropriate for the analysis of corruption and anticorruption policy in the countries of Eastern and Central Europe. The history of creating anticorruption movement in these countries is presented in the context of Latvian NGO’s (“Delna” and “Providus”) activity; the best practices and main problems of public participation in fight against corruption are
Keywords: corruption, anticorruption activity, anticorruption policy, civil society, collective actions, nongovernmental organizations.
Kostogryzov, P. Corruption in Russia and Latin America: common and distinctive features
Abstract: The article examines in a comparative perspective characteristics of corruption in Russia and Latin American countries, revealing their common and distinctive features. Based on the phenomenon of the long-term sustainability and even relative economic success of some political systems with high levels of corruption, the author proposes to distinguish between the concepts of “corrupt government” and “corruption government”. The conclusion is drawn that differences in the characteristics of both corruption and state politics towards it in Russia and Latin American countries result primarily from the different structure of society and the different place held by the institution of private property in the socioeconomic and legal framework of two regions.
Keywords: corruption, anti-corruption politics, private property, civil society, state, Russia, Latin America.
Moskalevich, G. Fighting against corruption in monopolistic activity in conditions of Eurasian integration
Abstract: The article is devoted to the problems of detection and prevention of corruption crimes in the monopolistic activities in the countries – members of the Eurasian Economic Union (EEU). The author considers the problem of corruption as an international one in connection with the Eurasian integration and globalization of the world community. Corruption in one Member State of EEU could adversely affect the development of other countries on the territory of the EEU. Particular attention is paid to the phenomena of corruption and fight against them in the sphere of the organization and control of the state and municipal procurement. Improvement of anti-corruption and anti-monopoly legislation is seen as a priority of the fight against corruption. It is concluded that the wrongful conduct of the subjects of power aimed at preventing, restricting or eliminating competition must be recognized as socially dangerous, because subjects of power could use public authority for improperly obtaining the income or other benefits of corruption character. On this basis, a number of measures are proposed that can help to overcome the monopolistic tendencies and limitations of competition in the territory of the countries – participants of the EEU, as well as to fight against corruption in this area.
Keywords: corruption, monopolistic activities, Eurasian integration, antitrust,state and municipal procurement, management activities of state bodies.