Law/5. Criminal law and criminology
K. Yu. N. Zhadan V. N.
Kazan Federal
University, Elabuga Institute,
THE QUESTION
OF THE PREVENTION OF CORRUPTION CRIME
IN
In the legal literature the analysis of
criminological and criminal-legal characteristics of corruption crime in the
As is well known in many countries corruption in
government and economic activities is one of the urgent problems. The impact of
corruption in these countries has grown so much and continues to grow, which,
in some cases, it reached alarming proportions and comparable with a large part
of the state budget of the countries.
In turn, the globalized world has led to the fact
that corruption in one country can adversely affect the development of other
countries. Given the menacing nature of corruption and its importance for the
international community since the second half of the twentieth century
corruption has become an international problem [2, p. 14]. At the General
Assembly of the United Nations (hereinafter UN) 16.12.1996 has the city
approved the "Declaration of the United Nations on the fight against
corruption and bribery in international commercial transactions" [3] and
G. 31.10.2003 adopted the UN Convention against corruption and established the
international day against corruption (9 December) [4]. The Council of Europe
also adopted international legal acts on the fight against corruption the
Convention on laundering, search, seizure and confiscation of the proceeds from
crime (8.11.1990) [5], the criminal law Convention on corruption (27.01.1999)
[6] etc.
On the basis of the UN Convention against
corruption, the Council of Europe Convention on criminal liability for
corruption in Russia not only confirmed the cooperation in the international
fight against corruption, as evidenced by the ratification of the Conventions,
but new laws (e.g. Federal law of 25.12.2008 ¹ 273-FZ "On combating
corruption" (hereinafter FZ "On combating corruption") [7],
Federal law of 03.12.2012 ¹ 230-FZ "On control over compliance costs of
persons holding public office and other persons to their income" [8]
etc.), presidential Decrees (e.g. the decree of the President of the Russian
Federation dated 19.05.2008 ¹ 815 "About measures on corruption
counteraction" [9], the decree of the President of the Russian Federation
from 11.04.2014 ¹ 226 "On the national anti-corruption plan for
2014-2015" [10], etc.) and other normative legal acts on combating
corruption.
So, in FZ "On combating corruption" [7]
defines the main concepts, legal basis, principles, the characteristic of the
activities for countering corruption and the responsibility of individuals and
legal entities for corruption offences. In subparagraph "a" of clause
1 of article 1 of the Federal law "On combating corruption" provides
a definition of corruption abuse of official position, bribery, receiving a
bribe, abuse of authority, commercial bribery or other illegal use by a
physical person of his official position contrary to legitimate interests of
society and the state in order to obtain benefits in the form of money, valuables,
other property or services of property character, other property rights for
itself or for third parties or illegal provision of such benefits specified
person other physical persons; and also committing the mentioned actions on
behalf or in interests of the legal entity [7].
The Criminal code of the
Thus, to corruption offences should include a
wide enough circle of socially dangerous acts classified under various articles
of the criminal code of the
In literature is given quite a lot of scientific
concepts of corruption. In General terms, the corruption is understood under
the criminal law a socially dangerous act involving the unlawful use by a
person of his official position or unlawful provision of benefits to a person
having a public status, committed with direct intent and the purpose of
obtaining benefits for himself or others. Consequently, corruption and crime is
the aggregate of corruption offences committed by individuals over time and in
a particular area.
In the science of criminology criminological
characteristics of certain types of crime, including corruption offences,
includes the following elements: 1) the status, dynamics, proportion,
structure, level of latency, etc. of this type of crime and its separate
groups; 2) the causes and conditions conducive to the Commission of crimes; 3)
criminological characteristics of offender; 4) prevention and prevention of
crimes.
According to official statistics in
Criminal situation in
This is confirmed by public opinion about the
extent of corruption in
The author adopts a scientific approach that the
problem of corruption in
At the same time, as the materials in the mass
media (hereinafter mass media) and materials of law-enforcement practice in
recent years, the subject of the investigation become criminal cases at public
high-profile corruption crimes (for example, in 2016, are investigated: the
case of the smuggling of alcohol and related abuse of authority of officials of
the Federal customs service of Russia; the case of the Governor of the Kirov
region N. White, who is accused of receiving a bribe of 400 thousand Euro; the
case of the Deputy Director of Spetsstroy A. Buryakov, accused of fraud-embezzlement of 450 million roubles; the case of the managers of the Investigative
Committee of Russia (further SK Russian), in which detained the Deputy head
of the Main investigatory management SK of Russia across Moscow Dmitry Nikandrov, head of the own security service of SK M. Maksimenko and his Deputy A. Limonov,
who are accused of abuse of authority and taking bribes from representatives of
the criminal community; the case of the mayor of Vladivostok I. Pushkarev, accused of abuse of office and commercial
bribery worth more than 160 million. rubles; D. Zakharchenko,
the acting head of Department "T" of the Main Directorate of economic
security and counteraction to corruption Ministry of internal Affairs of
Russia, accused of abuse of authority and receiving a bribe of 7 million rubles
during a search in one of his apartments was discovered 9 billion, and about 22
billion were found in offshore accounts belonging to the father of the accused;
the Federal Minister A. Ulyukayev, accused of
extortion and receiving a bribe in 2 million Euro, etc.). This amount caused by
the corrupt damage is calculated billions of digits, and corruption are not
isolated.
Therefore, based on existing and normative legal
acts and programmes on anti-corruption at Federal,
regional and local levels, define their forms and methods, objects and
subjects, terms, etc., we need a consistent and purposeful struggle with this
socio-legal evil, as well as the necessary political will of the leadership of
the country and regions in a permanent and effective fight against corruption.
As noted by experts, "no command to start it, and without it the activity
would not be realized, as will inevitably be affected the interests of the rich
and influential people" [15].
The author adopts a scientific approach that in
recent time there is a political will of the government on a consistent
struggle against corruption at all levels of government, as General principles
of anti-corruption need to eliminate corruption as means of formation and
development of new social relations, create social supports market relations,
and combat the legalization (laundering) of criminal and augmentation of
capital [16].
While special measures to prevent corruption and
corruption-related offences are referred to as [16]: setting a high maintenance
employee, which is able to provide them and their families a decent standard of
living; increased control over revenues and expenditures of state and other
categories of employees, personnel policy; security of persons (and their
families) engaged in the fight against corruption, corruption crimes;
introduction of official use of the state apartments of the mansions provided
in connection with the occupation of public office; manufacturing of all
payments from the budget system of the Russian Federation only on the basis of
law, etc.
According to the author, should amend the
criminal law in terms of adequate liability for corruption offences (for
example, first to penalties must include the deprivation of liberty with
penalty, and then a separate penalty, terms of imprisonment increased,
mandatory confiscation of property as a special criminal-legal measures to
convicted corrupt officials).
In turn, the organization of struggle against
corruption crimes needs to be based on [16]: a constant analysis of changes in
corruption and its causes; the monitoring of corruption-related crimes in
General and their separate types; anti-corruption education, education and
propaganda; determining the strategy and tactics of fight against corruption
taking into account the real socio-economic, political conditions of social
consciousness, the law enforcement system; the basis of legislation and not
secondary legislation; conducting anti-corruption expertise of normative legal
acts and their drafts; the development of integrated and targeted
anti-corruption programs in the Russian Federation and its subjects,
controlling their implementation; monitoring of anti-corruption normative legal
acts and programmes, the use of foreign experience;
specialized training and the creation of law enforcement special service (e.g.,
Federal service for combating corruption); the rotation of public employees
(moving them inside the structure), which allows to reduce interpersonal
connection and destroy a group of professional solidarity; using the help of
various civil society institutions and population; government support for the
establishment and functioning of anti-corruption NGOs; the publication of
reports on the implementation of anti-corruption policy measures and programmes; a systematic evaluation and adjustment of
measures, etc.
Thus, on the basis of international legal acts,
analysis of Russian legislation in the field of combating corruption, official
statistics, media material and scientific approaches of corruption crimes, as
well as the author's understanding of the article discusses on the prevention
of corruption crime in
Literature:
1. See: Volkov K. A.
Criminal-legal problems of counteraction to corruption crimes // Russian
investigator. 2011. N 15. P. 5-9; Gusev P. Y.
Constitutional basis of counteraction of corruption in
2. Corruption: the main trends of resistance. The
collective monograph; [edited by L. A. Andreeva].
3. Declaration United Nations on the fight
against corruption and bribery in international commercial transactions
(resolution 51/191, adopted by the General Assembly, dated 16.12.1996 has).
URL: http://www.un.org/ru/documents/decl_conv/declarations/bribery.shtml
4. The Convention of United Nations against
corruption (adopted by General Assembly resolution 58/4 dated 31.10.2003). URL:
http://www.un.org/ru/documents/decl_conv/conventions/corruption.shtml
5. Convention on laundering, search, seizure and
confiscation of the proceeds from crime (
6. The criminal law Convention on corruption (
7. Federal law of 25.12.2008 N 273-FZ (ed. from
03.07.2016 No. 236-FZ). "On combating corruption" URL:
http://www.consultant.ru/document/cons_doc_LAW_82959/
8. Federal law of 03.12.2012 N 230-FZ "On
control over compliance costs of persons holding public office and other
persons to their income". URL:
http://www.consultant.ru/document/cons_doc_LAW_138550/
9. The decree of the President of the
10. The decree of the President of the
11. Criminal code of the
12. A criminality condition in
13. Corruption as a kind of illegal activity. The
condition, structure, dynamics and trends of corruption crime. URL:
http://www.pandia.ru/text/78/314/11802.php
14. EBRD: In
15. The prevention of corruption crime.
Reference. Criminology. Crime in
16. See: Artemyev M. V.
Corruption and corruption crimes. URL: http://cyberleninka.ru/article/n/korruptsiya-i-korruptsionnye-prestupleniya;
Criminological characteristics of corruption and corruption crimes. URL: http://www.elective.ru/arts/uri01-k0464-p20769.phtml