Law/5. Criminal law and criminology
Shagapova
4rd year student of the law faculty
The
analysis of scientific approaches on the criminological
characteristics
of corruption crime
Abstract: the article discusses criminological
characteristics of corruption crime on the basis of the analysis of the current
Russian legislation, official statistics and theory of the science of
criminology and of scientific approaches. The author analyzes scientific
approaches to questions of criminological characteristics of corruption crime.
Key
words: criminological characteristic of corruption crime,
analysis, legislation, statistics, theoretical terms, scientific approaches.
For many countries corruption
in the bodies of state power and economic activities is one of the urgent
problems. The impact of corruption in these countries has grown so much and
continues to grow that in some cases it reached alarming proportions and
comparable with a large part of the state budget of the countries [1, p. 1807].
What happened in
The analysis of corruption in
The fight against corruption
is not a new phenomenon and continues with varying success as much as there is
and the state itself. The roots of corruption is found in our history. For a
long time existed a system of so-called "feedings".
In Ancient Russia the
administrative workers did not have wages as such to provide for themselves at
the expense of citizens somehow involved in their activities. When dealing with
administrative matters these people are often focused not only on the state
interest, but also on the size of personal gain. This practice began to
actively eradicate the first native monarchs, but it in one form or another
existed prior to the eighteenth century. Talking about it is not only a
historical chronicle. As this phenomenon has found multiple reflection in
folklore and colloquial Russian. "Not podmazhesh, you will not come"
we say to this day, hinting at the possibility to solve the issue of corrupt
ways.
Before moving to the analysis
of criminological characteristics of corruption crime, it is appropriate to
define in terms of "corruption", "corruption" and
"corruption crime".
The term
"corruption" comes from the Latin word "corruptio" means
bribery, corruption, corruption, to corrupt, to bribe.
In the law dictionary the term
"corruption" is defined as a socially dangerous phenomenon in the
sphere of politics or state governance, manifested in the deliberate use of the
authorities of his official status for illegal receipt of property and
non-property benefits and advantages in any form, as well as the bribery of
these persons [4].
In legal science describing
the legal system of the
According to p. 1 art. 1 of
the Federal law dated 25.12.2008 ¹ 273-FZ "On combating corruption"
[7] (hereinafter FZ "On combating corruption") and corruption is
defined as 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;
committing mentioned actions on behalf or in the interests of a legal entity.
From the normative concept of
"corruption", it follows that the concept of corruption refers to
specific types of crimes such as abuse of office, bribery, abuse of power,
etc., and also draws attention for state employees for certain acts to receive
a benefit in the form of money, valuables, other property or services of
property character, other property rights for itself or for third parties, etc.
Thus, the concept of
corruption, the legislator allocates its signs indicates specific types of
crimes (abuse of official position, bribery, receiving a bribe, abuse of
authority, commercial bribery, etc.) and thereby refers to certain offences [8,
p. 556] provided for in the criminal code, namely: abuse of office (article 285
of the criminal code), taking bribes (article 290 of the criminal code),
bribery (article 291 of the criminal code), forgery (article 292 of the
criminal code), etc.
In the indication of the
Prosecutor General of Russia No. 797/11 and Ministry of internal Affairs No. 2
of 13.12.2016 "About introduction in action of the lists of articles of
the Criminal code of the Russian Federation, used when forming the statistical
reporting" [9] given a list number 23 "Crimes of corruption",
which uses the term "crimes of corruption".
According to the list No. 23
[9] to the crimes of corruption include the following article of the criminal
code: article 285, 201, 141.1, 184, paragraph "b" of part 3 of
article 188, article 204, 204.1, 204.2, paragraph "a" of part 2 of
article 226.1, paragraph "b" of part 2 of article 229.1 of article
289, 290, 291, 291.1, 291.2, and other articles of the criminal code under
certain conditions.
Corruption and corruption
offences are related as whole and part. Corruption crime is the aggregate of
crimes, the dispositions of criminal law which contain elements of corruption
[10, p. 406].
As is well known criminological
characteristics of certain types of crime, including corruption offences,
includes the following elements: 1) the status, dynamics, proportion,
structure, level of latency, etc. [11, p. 63]; 2) the causes and conditions
conducive to the Commission of crimes; 3) criminological characteristics of
offender; 4) prevention and prevention of crimes. These elements of
criminological characteristics of corruption crimes will be the subject of ...
research [12, p. 17].
Consider the status, dynamics
and specific weight of corruption crime in
According to official
statistics in
The author adopts a scientific
approach that corruption crimes are characterized by a high latency [1, p.
1809], and therefore in the official statistics on corruption-related crimes
according to the estimates of Russian experts reflected only one half (third)
of the committed crimes in this category.
In criminological science,
decided to celebrate the multiplicity of causes of corruption, highlighting
economic, institutional and socio-cultural factors. As the economic causes of
corruption, primarily known as: low salaries of civil servants and their high
powers to influence the activities of firms and citizens. Corruption flourishes
wherever the officials have broad powers to dispose of any scarce goods.
Institutional causes of corruption are considered to be high level of
confidentiality in the work of state agencies, a cumbersome reporting system,
the lack of transparency in the system of lawmaking, poor personnel policy,
allowing for the distribution of sinecures and opportunities for promotion
regardless of the actual results of the work of employees. Another reason can
be considered as deficiencies in the activities of the bodies responsible for
the fight against crime [15, p. 231], as a whole, and corruption.
Socio-cultural causes of corruption are the demoralization of society, lack of
information and organization of citizens, social passivity in relation to
self-will "powers".
In those countries, where
there are three groups of factors, primarily, developing countries, corruption
is most high. Most experts agree that the main reason for high corruption is
the imperfection of political institutions, which provide internal and external
mechanisms of deterrence.
In addition, there is reason
to believe that some objective circumstances make a significant contribution.
The objective reasons include the fact that in most cases of corruption crimes
it is almost impossible to identify the negative consequences of wrongful acts.
As a rule, all parties benefit and are not interested in the message about the
crime and its disclosure as subject to criminal liability. In addition, in most
cases there are no visible signs of a crime, as for a bribe committed lawful
actions. Subjective reasons include: a lack of focused state policy in
countering and combating this social phenomenon, as well as insufficient
professional level of employees involved in these activities.
In addition to these classifications
of the causes and conditions of the relevant offences in terms of corruption
and corruption crime applies "the scientific approach of causality in
which a causes of crime is understood as the interaction of the environment and
man, highlighting the internal and external causes and conditions of crime
..." [16, p. 5], which require additional independent research.
The following criminological
element of corruption crime is a criminological characteristics of offender. It
is generally accepted that the identity of the offender includes the aggregate
of the individual properties and qualities that lead to committing a crime,
which is manifested antisocial behavior.
Under the corruption
offender's personality in domestic criminology, it is necessary to understand
the totality of socially significant qualities of the personality formed in the
process of public or government activities (experience of social management)
and causing use it to achieve personal, group or corporate objectives of the
funds are shameful from the perspective of criminal law. Although this
definition is not perfect, but it can be used for further investigation of the
corruption offender's personality [17, p. 52].
Criminological research
conducted in the part of the personality of criminals-corrupt officials show
the following structure: employees of ministries, departments and other
Executive bodies at Federal, regional and local levels 40 %; law enforcement
agencies 25 %; workers of medical, educational and social organizations 20
%; employees of regulatory, tax and customs services 12 %; the deputies of
different levels 1 %; other parties 2 % [18].
The final element of
criminological analysis of corruption crime are the General social and
specially-criminological measures to combat corruption and the prevention of
crimes of this category. Prevention of corruption is a multi tiered system of
state measures aimed at eliminating the causes of crime and conditions that
contribute to their making.
As noted above,
For the successful
implementation of anti-corruption state policy should be aimed at ensuring the
interests of society and individuals, and estimation of activity of officials
should be based on principles that ensure these interests. In addition, in its
activities, the state must rely on creating a network of civil society
institutions, and strict legality, equality of the rights and freedoms of
citizens in the economic and political spheres. For example: 1) improvement of
the legal framework of the fight against official corruption and crime
(amendments and additions in the Federal law "On state service of the
Russian Federation"); 2) improving the functioning of the state apparatus
and procedures for the solution of the issues; a clear legal regulation of the
official activities of the officials; their salaries and services, ensuring a
decent standard of living; 3) improvement of selection and placement of cadres
in the state apparatus, the dismissal from public service of persons who have
violated ethical standards of conduct associated with the exercise of official
authority; 4) development and implementation at Federal and regional levels
long-term target programs of the fight against official crimes and corruption;
5) implementation of increased control over revenues and expenditures of the
state, municipal and other categories of employees; 6) ensuring safety of the
persons engaged in the fight against official corruption crimes and their
family members; 7) enhancing law enforcement activities on the prevention and
suppression of the facts of committing official crimes and corruption crimes;
8) the establishment and implementation of administrative supervision of
persons with convictions for committing serious and official corruption crimes;
9) the use of mass media and the education system, all civil society
institutions to actively promote awareness among the citizens of the country to
the risk of corruption and thus reduce the level of public tolerance and its
manifestations [19].
These General and specific
measures of combating corruption in full conformity with the requirements to
reduce corruption criminalization of contemporary Russian society.
Thus, this study may be
understood as the analysis of existing norms [20, p. 247] of the Federal law
"On combating corruption" and the criminal code of the
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