Lesson No. 29 PZ 21

TOPIC: ANTI-CORRUPTION: HISTORICAL EXPERIENCE, PROBLEMS AND WAYS OF IMPLEMENTATION

The concept of corruption, its types and forms

In Roman law, there was a term corrumpire, which was a synonym for the words “break”, “spoil”, “destroy”, “damage”, “bribe” and at the same time denoted any official illegal action. Corrupt in translation from English - depraved, corrupt, dishonorable, corruption - damage, decay, distortion, depravity. There is currently no single, unambiguous definition of the concept of "corruption". This is due both to the complexity of the social phenomenon itself and to the differences in positions from which it is considered: political, economic, legal, moral, everyday, etc.

One of the most concise and capacious definitions is the following: corruption is an activity that consists in the deliberate use by officials of the rights and powers entrusted to them for personal enrichment, obtaining benefits.

The Russian National Anti-Corruption Action Plan (2008) also defines a number of concepts: “corruption” as a social and legal phenomenon, “corruption offense” as a separate manifestation of corruption, entailing disciplinary, administrative, criminal or other liability, and “ combating corruption” – as “a coordinated activity of federal state authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies of municipalities, civil society institutions, organizations and individuals to prevent corruption…”.

In Federal Law No. 273-FZ December 25, 2008" On Combating Corruption” the following definition of corruption is given: “a) abuse of official position, giving a bribe, receiving a bribe, abuse of authority, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties, or illegal provision of such benefits to the specified person by other individuals; b) the commission of the acts specified in subparagraph "a" of this paragraph, on behalf of or in the interests of a legal entity.

Corruption appeared as soon as the administrative apparatus arose. It affects both rich and poor countries, with democratic and non-democratic institutions, regardless of geographical location. One should not look for the true roots of corruption only in the features of the national character, in the features of the cultural tradition. Some researchers limit the causes of corruption to the psychological motives of an individual's behavior, for example, such as selfishness, greed, the inability to resist temptation in the face of low ethical standards. However, the reasons for the survivability of this disease are complex and diverse, they are both moral and ethical and institutional in nature.

The main reasons for the high level of corruption in countries with economies in transition are

economic decline,

political instability,

underdevelopment and imperfection of legislation,

the inefficiency of government institutions,

weakness of civil society institutions,

lack of strong democratic traditions,

The subjective type of political culture among the vast majority of the population of Russia (citizens rely not on themselves, but on a “wise” ruler, they are afraid to take the initiative, they are not ready to be responsible for the consequences of their decisions),

The weakness of the judicial system

underdevelopment of the legal consciousness of the population,

the subordination of officials not to the law, but to superiors and instructions,

selectivity, inconsistency in the application of legislation.

Corruption is largely facilitated by citizens' ignorance of their rights and duties of officials; complexity of bureaucratic procedures; monopoly of departments on the provision of services; structural features of the authorities, in which one department can make power decisions and provide services, unprofessionalism of individual bureaucrats. There is a discrepancy between the new conditions in which the state organism must function and the outdated mechanisms of this functioning; prevailing stereotypes that define simplified approaches to solving problems of combating corruption. In order to know in which directions to fight these phenomena, one should also take into account the existence of objective reasons, for example:

Significant area. Russia is a huge state, and it is more difficult to organize effective control, especially on the outskirts, than, for example, in Sweden;

A significant amount of government spending;

Features of the mass consciousness, in which the law has not yet received the value of a higher power, as well as the national mentality and public morality.

Insufficient development of civil society institutions, mass media.

The situation in the economy, where property rights are not always clearly defined, is dominated by monopoly, behavior aimed at obtaining benefits by manipulating legal or economic conditions, and not by producing and selling goods or services (rent-seeking behavior).

Lots of changing, often conflicting laws and regulations.

The main signs of corruption are:

Use of official position, status.

Mutual consent of the participants in the action.

The presence of mutual obligations.

The decision being made violates the law or contradicts the interests of society, moral norms.

Conscious subordination of common interests to personal gain.

Obtaining certain benefits, advantages by both parties, the presence of selfish or other personal interest.

Both sides seek to cover up their actions.

In all cases, the Criminal Code of the Russian Federation classifies the following as public (against the interests of the state service or local governments) corruption crimes: receiving and giving a bribe (Articles 290, 291); abuse of official powers (art. 285); illegal participation in entrepreneurial activity (art. 289); official forgery (art. 292); provocation of a bribe for the purpose of blackmail (art. 304); bribery of a witness, victim, expert or translator (Part 1, Article 309); as well as obstructing the work of election commissions or commissions for holding referendums (clause “a” part 2 of article 141 of the Criminal Code of the Russian Federation).

Of course, corruption is a socially dangerous phenomenon that harms not only all spheres of the life of the state and society, but also each of us. It is a brake on development, a kind of "bottomless hole" that absorbs the resources and wealth of the country. Its consequences are

· inefficient distribution and spending of public funds and resources;

Loss of taxes, when the tax authorities appropriate part of the taxes; reduction of tax revenues to the state budget, the outflow of capital abroad;

Decreased efficiency of the state apparatus;

Loss of time and money by citizens due to obstacles placed by officials;

obstruction of the activities of private entrepreneurs, their ruin;

Decreased investment in production, slowdown in economic growth;

· a serious obstacle to the inflow of foreign investments and advanced technologies, and, consequently, to the development of our country;

the growth of social inequality;

· unfair distribution of income, enrichment of the bribe-taker at the expense of society;

• the decline in public confidence in the justice system;

increase in organized crime. Corruption is the basis of criminal structures, the most important source of financing, the material basis for the spread of international terrorism;

· damage to the political legitimacy of power, which causes citizens to doubt their ability to influence the process of making political decisions in the country and disappointment in democracy and its institutions;

· the suppression by the ruling elite of the mechanisms of control over corruption: the free press, independent courts, civil society organizations, competing elites (opposition) and individual rights of citizens, which can contribute to the transition to another, more rigid form of government - dictatorship;

· rising prices due to the costs associated with "paid services to officials"; the danger of the appearance of second-rate goods, the use of harmful technologies in production, etc. According to rough estimates by scientists at Harvard University, corruption increases the cost of goods and services by 5-15%;

Inefficient use of the abilities of individuals. As a result, power relations are also distorted, the selection of personnel is carried out not on the basis of business qualities, but on the basis of the ability to fit into the “corruption pyramid”, where each subordinate transfers part of his illegal income to the top, and the authorities cover up the corrupt practices of their subordinates;

Depriving society of intellectual potential, talented people;

• the fall in the prestige of the state, leading to its global isolation;

degradation of public morality. The corruption system presupposes a significant difference between the officially declared and the values ​​that actually exist in society and therefore forms a “double consciousness”, etc.

Depending on the level of power, corruption is distinguished as grassroots (individual, petty, everyday) and top (elite, political, large). Between them, despite the significant difference in levels, there is an organic relationship. Petty corruption "sucks" the material well-being of people, while elite corruption absorbs a significant part of the state and private economy. But both are equally dangerous, because they destroy the legal foundations of society, state power, public morality and morality.

They also single out corruption in the state (municipal) and non-state sectors (political parties, the church, trade unions, the church, sports, charitable organizations, etc.);

Depending on the area of ​​application, there is economic (it often includes business and everyday) and political (including electoral - bribing voters or organizers of the electoral process; parliamentary, party, etc.);

In terms of scope, they distinguish between police, penitentiary (in the penitentiary system), environmental (in the field of environmental security of the state, predatory attitude to natural resources), etc. corruption.

According to the degree of regularity of corruption ties - episodic, systematic (institutional) corruption and kleptocracy (corruption as an integral component of power relations);

According to the sources of origin - exogenous (generated by external factors) and endogenous (depends on internal causes).

In one of the foreign studies, corruption is divided into “white” (generally accepted), “gray” (partly condemned) and “black” (condemned by law and society). Especially dangerous is the fact that Russian corruption is becoming more and more everyday, ordinary (“white”).

As a 2006 VTsIOM survey showed, Russians consider bribes to be more of a “business cost” and treat them as “normal”. At the everyday level, it is difficult for "ordinary people" to solve many issues without bribes: you need to give "on the paw" in order to get a certificate, enter a university, arrange a child in a kindergarten or school. At the same time, 30% of the Russians surveyed expressed the opinion that giving bribes at the grassroots level - gifts, money to doctors, teachers of schools and universities - does not lead to serious consequences and it is impossible to compare "household" expenses with corruption in power.

According to a survey conducted by VTsIOM in May 2009, slightly more than a third (37%) of respondents believe in victory over corruption, but only if the political will and determination of the authorities and society. Compared to April 2008, Russians are even more convinced that the cause of corruption is the greed and immorality of officials (44% against 39% in 2008). Almost half (49%) are sure that it will become easier for people to solve their problems if officials stop taking bribes. Finally, 29% are sure that the absence of corruption will not significantly affect the solution of the problems of ordinary people.

There are also vertical (relations with higher officials or in the same organization, but at different levels) and horizontal (relations between officials of the same level, but different departments) corruption; international (transnational) - related to the activities of international organizations or corporations - etc.

As a systemic characteristic, corruption manifests itself in various forms. For example:

Bribery includes influencing the actions or decisions of an official by promising, offering or giving him some benefit. For example, payment of customs duties and taxes is not made in the required amount and the state treasury is not replenished. Thus, computer equipment is registered as separate components when imported into the country, which makes the duties several times lower.

Waste is the theft of resources by people who have power or control over some value. For example, stealing part of the food and selling it to other parties is carried out by government employees in charge of food distribution; sale of medicines instead of providing them free of charge to patients, etc.

Extortion is forcing a person to pay money or provide other valuables in exchange for action or inaction. This coercion can be carried out with the help of pressure, including moral. For example, when a bribe is extorted from the relatives of a sick person for an emergency operation, while in the general queue the operation will have to “wait for a very long time”. Torture interrogations
and forcible compulsion to testify can also be considered as corruption.

Abuse of the right to consider various requests, arbitrary use of official powers to provide unjustified benefits to any group or individual, or discrimination against the latter. Receipt of an unlawful allowance, benefit, or reward is the receipt by an official of something of value from those who would like to influence the adoption of a decision by an official. Combination of public service with commercial activities. For example, an entrepreneur becomes an official, a deputy and seeks advantages for business.

Favoritism is the appointment of services or the provision of resources to relatives, acquaintances, in accordance with their affiliation to a party, religion, etc. A civil servant provides certain services, powers, jobs and benefits to political allies, friends. Nepotism is a form of favoritism when an official prefers to nominate his relatives when appointed to public office. Nepotism includes nepotism (from the Latin nepos- grandson, nephew) and numerous forms of misappropriation of public funds for personal, family, group or corporate use. For example, the newly elected administration replaces civil servants with members of their families and relatives, friends.

Corruption in its modern form is not always associated with obvious monetary or other material benefits. A veiled form of a bribe - a bank loan on favorable terms, the sale of goods at a reduced price or vice versa, the purchase of goods at an inflated price, the conclusion of fictitious employment contracts with the payment of wages to the bribe taker, his relatives or friends, obtaining a preferential loan, overstating fees for lectures, articles and books , paying for holidays abroad, paying for children's education, rent reduction, etc. On the basis of corruption, a semi-legal business is developing, helping to solve a number of issues, as mentioned by numerous advertising leaflets: "help in obtaining ...", "we will return the driver's license," etc.

Illegal donations and deposits - the government or political parties in power receive money in exchange for pandering to legal entities or any groups that make such donations and deposits, as well as services provided - treatment, repair and construction work, sanatorium and tourist vouchers, trips for border, payment for entertainment and other expenses free of charge or at a reduced cost.

There are reasons to talk about a special kind of corruption - political corruption. It represents corrupt (or corrupt-related) forms of political struggle between ruling or opposition elites, parties, groups, corporations or individuals for power. There are cases of buying votes during elections. This type of corruption destroys fundamental democratic processes and fundamentally undermines the political and legal foundations of power and its authority. Political corruption today is the most dangerous phenomenon that carries a direct threat to the well-being and security of the individual, society and the state. Its danger increases many times over also because it falls under the definition of "criminal acts" to the least extent.

It should be noted that not all forms of corruption are criminalized, that is, criminally punishable in the Russian Federation (an act of corruption is recognized as a grave or especially grave crime: for example, the Criminal Code of the Russian Federation provides for two types of crimes related to bribery: receiving a bribe (Article 290 of the Criminal Code of the Russian Federation) and giving bribes (Article 291 of the Criminal Code of the Russian Federation) For example, nepotism, favoritism, protectionism, transfer of a civil servant after resignation to commercial organizations, manipulation of certain information (its concealment, distortion), etc., but nevertheless they remain socially dangerous, immoral activities.

The presence of this evil in the life and affairs of society was reflected not only in historical documents, but also in many works of art by such masters as J. Chaucer ("The Canterbury Tales"), W. Shakespeare ("The Merchant of Venice", "Measure for Measure" ), A. Dante (parts of the poem "The Divine Comedy" - "Hell" and "Purgatory"). So, seven centuries ago, Dante placed corrupt officials in the darkest and deepest circles of Hell.

Russian man, throughout his life, repeatedly faced with lawlessness and bribery, described this widespread vice. Back in the Middle Ages, images of the “Shemyakin court” and “Moscow red tape” appeared, and the official was called nothing more than a “nettle seed”. Corruption also found spontaneous reflection in the language: “godless delicacy” (Peter the Great), “arbitrary self-reward” (S. Uvarov), “service sweets” (M. Saltykov-Shchedrin), etc. Dahl’s dictionary contains many proverbs on the topic of bribery: “It’s useful for judges that they got into their pockets”, “Every clerk loves hot kalach”, “In court with a foot - in his pocket with his hand”, “The earth loves manure, a horse oats, and the governor brings ”and others. Russian bribery was immortalized in their works by Russian writers N.V. Gogol, M.E. Saltykov-Shchedrin, I.I. Lazhechnikov, A.V. Sukhovo-Kobylin and many others. Not bypassed this vice and fabulists. At the beginning of the XIX century. great I.P. Krylov dedicated the fable "The Fox and the Groundhog" to this topic. In the plays of A.N. Ostrovsky, the problem of abuses in the state apparatus (“Profitable place”, “Voevoda”, etc.) was raised.

Vivid artistic images of "reborn" Soviet employees were created by V. Mayakovsky, I. Ilf and E. Petrov, M. Zoshchenko, M. Bulgakov and other authors. The name of one of the heroes of the book by Ilf and Petrov "The Golden Calf" Koreiko, a modest employee of an unremarkable institution and at the same time an underground millionaire who made a fortune on shady illegal frauds, is still a household name.

Acquaintance with the historical experience of combating corruption is extremely important for practical actions to prevent and prevent corruption in all its forms and manifestations, to prevent and neutralize corrupt behavior as a way of life.

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Introduction

1. Types of manifestations of corruption

2. Forms of corruption manifestations

Conclusion

Introduction

A complex social and legal phenomenon and a concept that has a complex and systemic character is only one of the definitions of corruption. It is rightly associated with all social processes taking place in society. Corruption processes take place taking into account the socio-political, demographic, national-psychological, ethnic characteristics of a particular country or state.

Today it is absolutely clear that corruption in Russia has taken on a large-scale character and causes serious damage to the socio-economic development and security of the state. The National Security Concept of the Russian Federation states that corruption, while posing a threat to the national security of Russia, also has a significant potential danger, which, under certain conditions, in combination with other negative factors, can become a reality and can cause damage to both public and state interests.

Corruption as a socially dangerous social and legal phenomenon is the result of negative trends that are inherent in the socio-political and economic life of many modern states, including Russia. The greatest danger to Russian society is corruption in government and local government, primarily in the sphere of public administration. Its widespread and systemic nature has led to the fact that corporate and individual interests often prevail over the interests of entire regions and the entire state. The danger of corruption is significantly aggravated by the fact that corruption crimes are often associated with other types of criminal activity.

1. Types of manifestations of corruption

Corruption can be classified using various signs, criteria and manifestations. In particular, the following types of corruption can be distinguished:

Administrative and as its variety household;

business;

Corruption associated with "captivity" or state capture;

Political.

Administrative corruption is understood as the intentional introduction of distortions into the process of the prescribed execution of existing laws and regulations in order to provide benefits to interested parties. A classic example of administrative corruption is a small trader who is forced to pay bribes to an endless string of official inspectors, district chiefs, local law enforcement agencies, various kinds of "roofs", etc. In addition, administrative corruption can include bribes in order to obtain various kinds of permits, customs clearance, obtaining government orders, etc. inflation violation of the criminal constitutional

A variety of administrative corruption is domestic corruption, which is generated by the interaction of ordinary citizens and officials. It includes various gifts from citizens and services to an official and members of his family. This category also includes nepotism (nepotism). This type of corruption is most common in the service sector.

Business corruption arises in the interaction between business and government. Business corruption is the payment by entrepreneurs of money or material assets to state or municipal employees in the affairs of their company. For example, in the event of a commercial dispute, the parties may seek to enlist the support of a judge in order to reach a decision in their favor.

The results of various scientific studies show that there is no state in the world where faith in an official would be absolute. The spread of corruption among officials leads to the fact that both subordinates and superiors are interested in it.

"Capturing the state" as a kind of corruption in world practice is seen as the activity of individuals, groups or firms in both the public and private sectors in order to influence the formation of laws, legislative acts and other instruments of public policy. This provides certain advantages in the process of redistribution of state property and financial resources in their favor.

Among the main activities that fall under this definition are the following:

Formation of the structure of executive and legislative authorities;

Issuance of the necessary regulatory legal acts;

Illegal disposal of funds of the Central Bank;

Illegal contributions to party funds by private individuals;

- "sale" of parliamentary votes to private entrepreneurs, etc.

In the history of modern Russia, a strong influence on the executive and legislative power in the mid-90s of the last century was exercised by the elected, or, as they were called, "appointed oligarchs." The current situation in that period in Russia can be called the actual captivity of the state. Since the majority among the oligarchs were related to the banking sector, this situation was popularly called "seven bankers".

A special kind of corruption in the international arena is political corruption. The political aspects of the phenomenon of corruption are very multifaceted and contradictory. By empire, we mean states that are engaged in exporting the institutions, ideas, culture, lifestyle of their main people beyond their borders to ensure their own national interests. These institutions and culture can be forcibly implanted outside the country, or they can be adopted voluntarily.

End of the 20th century was marked by an unprecedented surge in corruption scandals against the top officials of a number of states. For any rulers of the state, corruption acted, as M. Bakunin wrote, as a means of control. One of the important factors favoring the development of corruption is the low salary of officials. To minimize the risks of corruption, some countries legislate a system of high salaries for high-ranking officials.

2. Forms of corruption manifestations

In the public service system, this includes various types of violations of constitutional, administrative, criminal and other norms of law by persons exercising the functions of public administration in all areas of activity.

Among these violations are:

Many types of direct or hidden combination of positions in the state civil service and in non-state commercial organizations;

Provision of direct or indirect services by civil servants to non-governmental commercial organizations for direct or veiled remuneration, provision of certain benefits, benefits and preferences in which these organizations are interested. This includes various types of business cover;

The use by public servants of personal or departmental influence and informal connections to provide services to non-governmental commercial organizations for a fee. In this regard, the use of law enforcement agencies to clarify the relationship between commercial organizations is characteristic;

Communicating information on government decisions taken but not yet published on issues of interest to commercial entities, such as the timing of market inspections to detect smuggled products;

Establishment of commercial structures using the property of state enterprises where an official works, use of official position in the process of privatization of state and municipal property;

Illegal transfer to commercial organizations of finances and loans intended for state needs;

Lobbying for the passage, adoption of contracts, programs, and other documents that allow certain individuals to gain benefits. This is especially true when holding competitions;

Protectionism of incapable workers;

Establishment of payment for services, the provision of which is included in the official duties of an official;

The juggling of the results of the competition and the placement of government orders for a certain, “own” company.

Professor Ya.I. Kuzminov singles out the forms of corruption relations characteristic of Russia, as well as relations that hide the potential for corruption: the market for bureaucratic services, a paid official, bureaucratic entrepreneurship. networks of mutual obligations and economics of obligations.

The above list of forms of manifestation of corruption in the public service system of Russia contains the most common in the modern period. The conclusion is obvious: corruption appears where there is public authority, there is an official who manages state resources and permits the work of legal entities and individuals. Corruption arises and flourishes only in power structures. Therefore, doctors, teachers, etc. cannot be called corrupt officials. -- they are not officials and therefore cannot sell a share of public power. They can only sell their services, their professional skills. Outside of power, this phenomenon at the household level is called not corruption, but a bribe. Corruption as a phenomenon has a corrupting effect on all aspects of the life of Russian society. The consequences of corruption in Russia are as follows:

The difficulty, and sometimes even the impossibility, of the state's fulfillment of its tasks, if this is contrary to the interests of oligarchic groups that have the means to bribe officials;

Undermining confidence in the highest echelons of power, as a result of which their legitimacy is called into question;

Decline in the standard of living of the population, forcing systematic illegal payments and reserving part of the income for bribery;

Creation of a threat to democratic institutions, since the population does not see moral incentives to participate in elections, including due to the use of various technologies in the election of necessary candidates;

Unjustified redistribution of budgetary funds in favor of law enforcement agencies, which reduces the basis of promising social programs in the field of education, healthcare, social security;

Deterioration of the investment climate, as a result of which unpredictable conditions are created for private business, since there are no conditions for long-term investment;

The meaninglessness of justice, since wealth often ensures the rightness;

Acceptance for bribes in prestigious state universities, which deprives society of a significant part of the intellectual potential;

Appointment to positions not for personal, business and professional qualities, but for bribes (purchase of a position);

Increasing the level of corruption in state bodies and reducing the level of national security.

A dangerous phenomenon is the criminalization of the state apparatus, qualified as corruption, which, in fact, is the use of official official powers, authority and opportunities for personal or narrow corporate interests. The danger of corruption is the withdrawal of public funds from distribution, and its scale is constantly growing. This is evidenced by criminological studies, this is confirmed by law enforcement officers.

An analysis of the situation in the field of ensuring economic security indicates active attempts by criminal elements to penetrate government structures in order to take control of enterprises, banks, and seize levers of influence in specific territories.

Conclusion

So, corruption as a social and legal phenomenon originated in ancient times, during the formation of the first state formations. Today, corruption has already gone beyond the scope of individual crimes committed by government bodies, and can be classified as one of the most dangerous and pervasive socially negative phenomena. Russia is now confidently knocked out in the world leaders in corruption. Corruption permeates all strata of society, causing irreparable harm to the country. This phenomenon did not appear yesterday and is a serious danger.

In today's Russia, corruption manifests itself in a wide variety of forms. Over time, this diversity expands, new forms appear that do not yet have a name and an accurate description. The impact of corruption is so great that it reduces the efficiency of a market economy, destroys existing democratic institutions, undermines people's trust in government, exacerbates political and economic inequalities, gives rise to organized crime, and endangers the country's national security. The scale of corruption in Russia is so great that the authorities are threatened with a complete loss of control over the life of the state.

Corruption, however, can be reduced by taking comprehensive measures to combat it. Of course, it cannot be eliminated in one day, but nevertheless, actions must be taken in this direction. It cannot be said that the fight against corruption is in full swing in Russia, but, in any case, this problem is brought up for discussion and various strategies are being developed, which is no less important. We can say that the first step - awareness of the harm of corruption - has already been taken in Russia. Now it is up to the government and the president himself.

List of used literature

Regulations:

1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993).

2. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ (as amended on May 5, 2014).

3. The Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195 - FZ (as amended on October 22, 2014).

5. Federal Law of December 25, 2008 No. 273-FZ On Combating Corruption (as amended on December 28, 2013).

Educational literature:

6. Artemiev A. Anthropology of corruption. - Moscow: Prospekt, 2011. - 272 p.

7. Godunov I. The ABC of combating corruption from A to Z. - Moscow: Academic Project, 21012. - 296 p.

8. Manko A. Corruption in Russia. Features of the national disease.- Moscow: Agraf, 2012.- 171 p.

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The concept of "corruption" has Latin roots. Literally translated, corrumpere means "to bribe". Concept, forms of corruption formalized at the international level in the UN Resolution. In 1995, in accordance with its provisions, domestic legislation establishes the criteria for this phenomenon, provides for measures to eradicate it. Consider further forms and types of manifestation of corruption.

Definition

At the international level, corruption is recognized as bribery, as well as other behavior towards persons with authority in the private or public sector that violates the obligations arising from this status. Appropriate actions are aimed at obtaining any undue advantage for the perpetrator or other actors. The task of eradicating this phenomenon in the Russian Federation was set in 1992 by a Presidential Decree. In accordance with the order of the Head of State, were developed. They were reflected in the Order of the Ministry of Internal Affairs of 1992.

Relevance of the problem

Forms of corruption in Russia represent a serious obstacle to the normal development of society. Today, this topic is considered one of the most discussed among the people. This phenomenon is seen as a social evil, corrupting society and government. Any forms of manifestation of corruption should be eliminated at the earliest stage of development. Most of the research on this phenomenon is devoted to its political and economic background. At the same time, the question of the attitude of ordinary citizens to this aspect of society's life remains practically unexplored. Meanwhile, as practice shows, people who unequivocally condemn any forms of manifestation of corruption in words, they are quite capable of bribing officials themselves, finding various justifications for their behavior in specific situations.

Characteristic

Considering in a broad sense, it should be noted that this phenomenon is always associated with the use by the subject of his official status for personal selfish purposes. This shows his venality. In a narrow sense, corruption is a situation where the subject makes an illegal decision, in the implementation of which the other party derives a certain benefit. The employee thus receives illegal remuneration. A typical situation is when an official, who, within the framework of his competence, is obliged to make a decision regarding another person, begins to create artificial obstacles, thereby forcing the client to pay a bribe.

Prerequisites

Types and forms of corruption appear as a result of economic, political, social problems. Receipt of illegal remuneration, improper advantages occurs more often during the period of reforms. Most citizens prefer to give an official an envelope with a certain amount to solve their problems. In many cases, this not only speeds up the resolution of the issue, but also ensures a 100% outcome in favor of the applicant. As statistics show, bribery has now become rampant. As a form of corruption, it occupies a leading position among economic crimes. This phenomenon causes great damage to the state. Meanwhile, there are others in the country. These include, for example, protectionism, bribing politicians. The prerequisites for their emergence and development are the nationalization of social life, excessive centralization of the management system, bureaucracy, an increase in the scale of the shadow economy, a decline in morals, etc.

Classification

Currently, there are apical and grassroots. The first is common among middle and senior officials, politicians. This is characterized by a focus on making decisions that have a high price. For example, it can be certain wordings in laws, the transfer of government orders to specific individuals, etc. The second is characterized by a focus on routine relations with citizens. It is common among middle and lower-level officials. The attractiveness of grassroots corruption lies in the fact that with a small risk for both participants in the relationship, it is of great value not only for the recipient of illegal remuneration, but also for the subject that gives it. Bribing allows you to solve everyday issues, acts as an acceptable payment for the opportunity to commit minor violations of instructions and legislative prescriptions.

Features of the interaction between the population and the authorities

As a rule, "citizen-official" relations arise in two cases. The first is related to the duty of the authorities to provide certain services to the population. This can be, for example, the issuance of a permit, the provision of a certificate, etc. In such situations, factors predisposing to corruption are:

bureaucratic racket

Its techniques are widely used in various administrative structures, BTI, notary offices, healthcare institutions, statistics, insurance, utilities, and so on. Bureaucratic racket is closely adjacent to grassroots corruption. These phenomena are of the same nature. However, the difference between them is that in the latter case, the official receives an illegal reward by agreement with the entrepreneur, while the racketeer extorts a certain amount from the businessman against his will. If both stakeholders work in the same organization, then one speaks of vertical corruption. As a rule, it acts as a link between the top and bottom. Main forms of corruption, taking on large scales, create serious risks. First of all, they form a fertile ground for the commission of other crimes.

Spheres of distribution

Law enforcement agencies conduct a thorough analysis of the situation, determine the areas in which crimes are most common. Based on the results obtained, forms and methods of combating corruption. The most common crime areas include:

1. Housing and communal services. As polls conducted among citizens show, housing and communal services are considered the most corrupt in society. At first glance, the development of the real estate market should have led to a reduction in risks, but this has not yet happened.
2. law enforcement structures. According to the population, these bodies are ranked second in terms of corruption. According to statistics, over the past few years, among the subjects prosecuted for bribery and receiving illegal rewards, a quarter are law enforcement officers. Most of this share is traffic police officers. In addition, bribery is widespread in registration, issuing driver's licenses, and weapons permits.
3. Tax and customs spheres. These areas of activity are considered the most "promising" for grassroots corrupt officials.
4. Military call. As preliminary calculations show, more than half of the young men released from service achieved this through a bribe.

Special cases

In practice, there are situations when the authorities exert a direct force on enterprises to eliminate competitors of "friendly" enterprises. As a rule, such cases are common in profitable economic areas - trade in fuels and lubricants and metal, construction. Competitors are eliminated from the market through official measures. For example, these can be constant checks, calling the tax office, prohibiting the transfer of land for rent, and so on. In all such cases, the authorities carry out their own forced distribution of economic niches, giving the most profitable market sectors to "friendly" companies. The latter, in turn, deduct part of the excess profits.

Responsibility

At present, different forms of combating corruption. The most stringent measures are provided for by the Criminal Code. There are several articles in the Code that establish penalties for various acts related to corruption. Among them are the rules:

Forms of combating corruption

The main work is carried out in the lower echelons of power. As for the upper and middle levels, corrupt officials here often act with impunity, hiding behind their immunity, authority, and status. If there are suspicions that an official has committed a crime, law enforcement agencies begin to establish all connections with other defendants, check documentation and bank accounts. In addition, "literal" events are being carried out. They involve a secret search in the apartment, the establishment of external surveillance, hidden cameras, wiretapping of telephones, recruitment of informants from among persons close to the suspect.

Crimes in the state apparatus

Corruption of power takes place insofar as an official has the ability to dispose of resources that do not belong to him, by making or not making certain decisions. In particular, in the hands of power structures are budget funds, municipal and state property, government orders, benefits, and so on. If we deprive the apparatus of administrative functions, the meaning of its existence will be lost. By collecting taxes, fines, and other payments fixed by law, an official receives resources that do not belong to him. If the collection is provided for by the norms, then the state treasury is the owner. If the payment is illegal, then the owner is the subject from which the official requires payment. A civil servant should make decisions only within the framework of his competence, focusing on the goals enshrined in the Constitution, the Federal Law and other regulatory documents. Corruption begins to develop where the goals defined by the legislation are replaced by the self-interest of an official, realized in his specific actions.

The danger of the phenomenon

In modern conditions, the corruption situation in the country has sharply worsened. Along with the traditional methods of bribery, new schemes have emerged. So, for example, instead of transferring envelopes with money, actions are taken aimed at changing the property status of subjects involved in corrupt relations. Among them, in particular, are criminal lobbying, the creation of false companies, investment in commercial enterprises of budgetary funds, the transfer of state property to joint-stock companies, assistance in the export of strategic raw materials abroad, and so on. The situation is aggravated by the very secretive nature of many crimes. Complex schemes can be very problematic to identify and disclose, because outwardly everything is presented quite legally and officially justified.

Scales

Due to the specifics of corruption, it is impossible to define precisely the criteria by which it would be possible to adequately and comprehensively assess its scope. The scale of the phenomenon can only be estimated indirectly. For example, according to available data, about 40% of entrepreneurs, almost 1/3 of the country's commercial organizations, are involved in criminal relations today. In 2001, with the direct assistance of officials, the state treasury lost more than 5 trillion rubles. The total damage from corruption in Russia is 10-20 billion dollars a year.

Conclusion

The particular danger of corrupt practices lies in the fact that they prepare fertile ground for the commission of other crimes. As a result, acute economic problems arise, and tension in society increases. One of the favorable factors for the development of corruption is the bureaucracy. Meanwhile, as lawyers note, the identification of criminals at all levels of government indicates the presence of problems in the management system itself. Of course, the structure of power is imperfect in any country, and, accordingly, corruption takes place on one scale or another in all developed countries. This, however, does not mean that law enforcement agencies should turn a blind eye to her. It is necessary to constantly improve the forms of counteracting this phenomenon, develop the most stringent measures against violators of the law, and take measures to prevent criminal phenomena at all levels of government.

Voronin S. A.

13.2. FORMS AND METHODS OF ANTI-CORRUPTION IN

RUSSIAN POLICE

Voronin Sergey Anatolyevich, Master in Jurisprudence, profile Civil Law. Position: CEO

Place of work: Autonomous non-profit organization Consulting center "Independent Expertise"

Resume: The subject of the study is a set of factors that cause manifestations of corruption in the Russian police, based on the analysis of which conclusions are drawn about the measures and forms of counteraction. The author examines in detail such aspects as the causes of corruption in law enforcement agencies, the composition of corruption crimes. A critical analysis of attempts to formulate the definition of "corruption crime in the police" is given. Particular attention is paid to the declarativeness of the Russian anti-corruption legislation. It is concluded that the causes of corruption in the Russian police are known both to society, modern science, and the leadership of the Ministry of Internal Affairs of the Russian Federation. Practical forms and methods of combating corruption in the Russian police are enshrined in the reformed legislation on the police, as well as departmental orders. The objective and subjective factors of police corruption have been carefully studied and summarized by numerous researchers. The issues of preventing this negative phenomenon lie exclusively in the field of law enforcement and the integrated use of a wide arsenal of already available means.

Key words: police, corruption, anti-corruption, the law "On Police", law enforcement agencies, abuse of office.

FORMS AND METHODS OF COUNTERACTION OF CORRUPTION IN THE

Voronin Sergey A., master's degree in Law profile Civil law. Position: General Director

Place of employment: Autonomous non-commercial organization Consulting center "Nezavisimaya Ekspertiza"

Abstract: The study focused on the complex factors that contribute to corruption in the Russian police, on the basis of the analysis conclusions are made about the measures and forms of resistance. The author considers in detail aspects such as the causes of the corruption of law enforcement agencies, the compositions of corruption crimes. The critical analysis of the attempts of definition of "crimes of corruption in the police". Special attention is paid to the declarative character of the Russian anti-corruption legislation. It is concluded that the causes of corruption in the Russian police force known as society, modern science and the Ministry of Internal Affairs of the Russian Federation. Practical forms and methods of counteraction of corruption in the Russian police is enshrined in a reformed police regulations, and departmental orders. Objective and subjective factors of police corruption have been extensively studied and summarized by numerous researchers. The prevention of this negative phenomenon lies in the field of law enforcement and integrated use of a wide Arsenal of available funds.

Keywords: police, corruption, prevention of corruption, the law On police, law enforcement, abuse of official position.

Modern studies show that of all law enforcement agencies, the police are most susceptible to corruption, which is an increased public danger, since it is the police who are called upon to combat this phenomenon. The situation with the violation of laws in the police inevitably leads to the degradation of the police and, ultimately, the state that it represents, reduces the effectiveness of law enforcement.

Corruption should include crimes under the Criminal Code of the Russian Federation: abuse of official powers (Article 285), abuse of official powers (Article 286), receiving a bribe (Article 290), giving a bribe (Article 291), mediation in bribery (Article 286). 291.1), official forgery (art. 292), falsification of evidence (art. 303). A special allocation of corruption crimes is not required.

In the literature, attempts have been made to formulate a definition of corruption crime in the police, which is understood as a set of socially dangerous guilty illegal acts of police officers, expressed in the illegal receipt of any benefits of a tangible or intangible nature, in violation of the interests of the service. AT

In terms of improving legislation, the sectoral specification of corruption manifestations seems redundant, capable of only confusing the existing legal concepts enshrined in the federal law on combating corruption and the relevant articles of the Criminal Code of the Russian Federation.

The most important task of combating corruption is to prevent and eliminate the causes. In this regard, Russian anti-corruption legislation contains a number of clearly declarative provisions, indicating, for example, that one of the main areas of state activity in combating corruption is to increase the responsibility of officials at various levels for “failure to take measures to eliminate the causes of corruption” (clause 20 of Art. 7 of the Anti-Corruption Law). From the above provision, it is not clear what “increased responsibility” means, nor what is attributed to the reasons.

The National Anti-Corruption Strategy also sets the task of eradicating the causes and conditions that give rise to corruption, but the causes themselves are not named. In the literature, they are determined on the basis of expert assessments and sociological research. In particular, the All-Russian Center for the Study of General

Socio-political sciences

opinion (VTsIOM) names the main causes of corruption "greed and immorality" of state/municipal employees and entrepreneurs (39% of respondents), as well as the imperfection of legislation (35%). It should be agreed that corruption is “only a legal and economic problem in the consequences, but initially it is a purely psychological and universal problem”. In the criminological literature, the main causes of corruption are considered to be its actual institutionalization, its transformation into a “norm of life”, in which business participants are convinced that legal ways do not make it possible to conduct business and, in this regard, corruption is an inevitable evil “for the good” of business. In the literature, the causes are differentiated into economic, associated with instability, the shadow economy; political - non-transparency and a high degree of discretion in the actions of the bureaucracy, invulnerable to justice; corruption in the law enforcement system.

The police, as a relatively closed corporation, creates certain conditions for the viability of corruption in its ranks. Indicative is the increase in the intensity of corrupt activity as the length of service increases with the predominance of selfish motivation in the motive of personal enrichment. In particular, there is still no fundamental rejection of corruption in all manifestations, there is a false idea of ​​some kind of official solidarity in terms of concealing the facts of corruption, employees are not sufficiently selected, and persons who are not able to resist the temptation of bribery, and often intentionally to law enforcement agencies for the purpose of enrichment.

The traditional forms of combating corruption in the police in world and Russian practice include: the provision of social benefits and guarantees during service and upon retirement, the policy of increasing the prestige of the police service in the media, a strict selection of applicants for service, control of civil society institutions over the efficiency police, a clear regulation of the service, the inevitability of punishment for corruption, the eradication of service clans, the rotation of personnel.

In Russia, it is proposed to completely ban “gifting gifts to civil servants”, return the article on concealment of crimes (failure to report) to the Criminal Code of the Russian Federation, introduce a criminal-legal compromise in the Criminal Procedure Code of the Russian Federation to expose corrupt officials, and also introduce provisions into the Law on Police and the Regulations on Service in the Department of Internal Affairs on the obligatory reporting by the police to their leadership of the facts that have become known to them about the corrupt activities of colleagues and superiors. This is in addition to the general maxims about "increasing the responsibility" of police officers. The listed measures are not original and, one way or another, have already been used for various purposes, both in domestic and foreign legislation, and did not have the decisive effect they were aimed at. We believe that in the case of corruption, the causes of which are multifaceted, its complete eradication (as well as, for example, the shadow economy) is impossible. In this regard, it is more correct to talk about the maximum possible minimization, as suggested by M.V. Kostennikov, "the integrated application of all measures that weaken the corrosive effect of corruption."

The traditional anti-corruption policy for modern society is the widespread involvement

institutions of civil society to control the activities of the police. A large "inclusion" of citizens in the activities of the police is observed in a number of countries. The traditional method of combating police corruption in Western countries has always been a strict selection of candidates for service and a high degree of social protection. Similar norms, especially in comparison with the previous Law of the Russian Federation of April 18, 1991 No. 1026-! “On the Militia”, are also provided for by the Russian Law on Police. At the same time, in terms of anti-corruption practices, these innovations are not always effective. For example, the innovation of the law “On Police” did not give the desired effect - the submission of a personal guarantee of an internal affairs officer with a service record of three years or more, upon entering the service, including due to the absence (and the impossibility of establishing) the responsibility of the guarantor. In the literature, as a factor of corruption, it is customary to refer to the relatively low (in relation to developed countries) monetary salaries of police officers. Its significant increase in 2012-2015 has not yet led to the disappearance of corruption. Noting at the Collegium of the Ministry of Internal Affairs of the Russian Federation in March 2015 the overall effectiveness of the measures taken and the trend towards a decrease in the level of corruption, the President of Russia stressed that “the facts also show that the problem is still far from being resolved, including in the system of the Ministry of Internal Affairs itself” . According to the President, in 2014, about a thousand police officers violated anti-corruption laws.

The reform of the internal affairs bodies after the adoption of the Law "On Police" laid the legal basis for the prevention of corruption in the police department, mechanisms were formed to increase public confidence, ensure greater transparency, tighten the selection criteria, and strengthen state and public control.

One of the traditional tools for combating corruption in the police is rotation, which is used in many countries. The principle of rotation is to move employees (officials, police officers) before they have time to get along with each other, as well as with local businesses, pressure groups, etc. close trusting relationships that turn into manifestations of corruption. The systematic rotation of police personnel also contributes to the selection and recruitment of new personnel.

In Western practice, the election of sheriffs is considered an effective measure to combat corruption. In Russia, proposals have been repeatedly made and experiments have been carried out on the election of district inspectors by the population of the territory they serve. It was assumed that this would contribute to closer contacts with the population, an increase in confidence in the police, since the precinct would report to voters, like a sheriff in the United States.

Exotic and more than strange should include attempts to introduce a special term for a corrupt policeman. In particular, M.A. Bagmet notes the rooting in society of “the definition of a policeman, which has passed from the name of a policeman - cop”. The author did not take into account that the concept of "cop" existed in the Russian thieves' jargon of the 19th century. and denoted a detective or a greyhound following the trail. For some reason, the author also believes that this “corresponds to the definition of police in the USA - a cop” (although the etymology of this jargon is completely different). M.A. Bagmet synthesizes the "negative perception of the population of the police", manifested in the jargon "ment" with the "official" name

Voronin S. A.

FORMS AND METHODS OF COUNTERACTION TO CORRUPTION IN THE RUSSIAN POLICE

calling a person who “committed a corruption offense and a crime” a corrupt official. As a result, the author suggests: "the introduction into circulation of the name of a police officer who commits offenses and crimes of a corruption orientation is corruption." Thus, for the first time, a concept is introduced into scientific legal circulation, formed by synthesizing thieves' jargon (feni) and a legal concept defined in federal law.

In general, the causes of corruption in the Russian police are known both to society, modern science, and the leadership of the Ministry of Internal Affairs of the Russian Federation. Practical forms and methods of combating corruption in the Russian police are enshrined in the reformed legislation on the police, as well as departmental orders. The objective and subjective factors of police corruption have been carefully studied and summarized by numerous researchers. The issues of preventing this negative phenomenon lie exclusively in the field of law enforcement and the integrated use of a wide arsenal of already available means.

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1. Antonyan Yu.M. Criminogenic situation in Russia at the turn of the XXI century. M., 2000. 96 p.

2. Bagmet M. A. Countering corruption in the police (criminological research): author. diss... cand. legal Sciences: 12.00.08. M., 2014. 22 p.

3. All-Russian Center for the Study of Public Opinion. Official site http://wciom.ru/

4. Gravina A.A. Counteracting corruption in the activities of the police and the court: the experience of Russian and foreign regulation// Journal of Russian law. 2013. No. 5. S. 79 - 89.

5. Kolontaevsky D.V. Countering corruption in the police abroad// Almanac of modern science and education. 2010. No. 1-2. pp. 53-56.

6. Kostennikov M.V. On the issue of combating corruption in the police // Administrative and municipal law. 2013. No. 1. S. 49-50.

7. Lebedev V.I. Reference index for police officers. Photos of professional criminals by category with an essay on anthropometry and a short dictionary of the thieves' language. M.: Printing house N.I. Pastukhova, Vozdvizhenka, Vagankovsky lane, sob. house. 1903. 286 p.

8. National Anti-Corruption Strategy. Approved by Decree of the President of the Russian Federation of April 13, 2010 No. 4602.

9. Putin V.V. speech at an expanded meeting of the board of the Ministry of Internal Affairs on March 4, 2015// President of Russia. Official site http://www.kremlin.ru/events/president/news/47776

10. Reshetnikov M. Psychology of corruption: utopia and anti-utopia. SPb., 2008. 128 p.

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