ÏÐÀÂÎ/6.ÁÎÐÜÁÀ Ñ
ÝÊÎÍÎÌÈ×ÅÑÊÈÌÈ ÏÐÅÑÒÓÏËÅÍÈßÌÈ.
Orynbekov A.S., Iskakova
I.E., Syzdykova S.A.
CORRUPTION
IN MODERN KAZAKHSTAN: PROBLEMS OF COMBATING
Corruption is a complex social phenomenon originated in extreme
antiquity and currently exists virtually in all countries of the world. The
term “corruption” was formed in Roman law interpreted as “illegal acts in judicial practice”. Etymologically speaking, the
word “corrumpere” came from combination of Latin words “correi” and “rumpere”.
The first word means participation of some entities in “on one of the parties
of liability relations on single subject”, the second one – verbs-synonyms “to
break, to damage, to abrogate”.
In the result of the word combination the independent term meant
“participation of some persons in activity aimed to change of judicial process
course or process of state affairs
management.
There are various definitions of “corruption” in scientific,
educational, social-journalistic literature.
Explanatory dictionary of the Russian language defines corruption as bribery, corrupt
officials and politicians.
Corruption is to act in one’s own interest, to abuse a law, to
misappropriate tangibles and usurpation of power.
Corruption harms all spheres of society: economics, social sphere, politics.
Its consequences may be an obstacle for developing country.
Corruption grows and prospers everywhere. Particularly, organized
corruption arises due to the absence of transparency in law system. Appeared cases in the result of corruption
became on the agenda challenges. President of the Republic of Kazakhstan in his
Address told anti-corruption drive direction was one of the main seven directions.
Anti-corruption State Program says corruption hampers social-economic development,
economic system processes, and attraction of investments. There are a lot of
anti-corruption programs and legislative bases against black economy decrease, delinquency
in economic sphere in our country. State organs and authorities must combat
corruption within their competence in accordance with the law.
Organized corruption lowers the status of our country, weakens state’s security,
breaks the principles of constitutional state building and denies state
development programs. The “Organized
corruption” was considered firstly in 1979 at the meeting of United Nations
Organization. This term means actions (inactions) of an authorized official aimed
to bribe by himself or through an intermediary.
To combat corruption is one of the most topical issues for every civilized society. No doubt,
corruption is the beginning of state’s
internal destroy, negating of achievements and threat to a national security. That is why,
predominance of the Republic of Kazakhstan’s policy is to combat this evil. Corruption is a different social tragedy
according to political development and obviously, it makes worry all countries. In previous stages of its development, Kazakhstan has
achieved widely recognised results and some positive trends have been outlined
in combating corruption. Strengthening and further development of these
achievements will ensure successful implementation of the anti-corruption
Strategy at the current stage of the country’s development. Kazakhstan was one
of the first among the CIS countries to adopt the Law "On Combating Corruption",
which has defined the goals, objectives, main principles and mechanisms of
combating this negative phenomenon. The
history of corruption combat in Independent Kazakhstan can be considered in
four stages.
The first stage –
1992-1998. It is the initial stage of corruption combat and forming of
normative-legal base.
The second stage –
1998-2000. Enactment of a corruption combat bill.
The third stage –
2001-2004. Forming of systematic view on solvation of corruption combat problems.
The fourth stage –
from February, 2005. Corruption combat in context of Kazakhstan’s economic,
social and political modernization.
The Law of the Republic of Kazakhstan "On Combating
Corruption" provides the following definition of corruption offenses:
corruption is defined as not envisioned by law personally or through
intermediaries of property benefits and benefits by persons performing public
functions.
According to the current legislation, the fight against corruption must
be carried out on the basis of the following principles:
-
Improving
the structure of the state apparatus;
-
Equality
of all citizens before the law and the court;
-
Improvement
of personnel work and procedures for resolving issues affecting the rights and
legitimate interests of individuals and legal entities;
-
Ensuring
a clear legal regulation of the activities of state bodies;
-
Protection
of rights and legitimate interests of individuals and legal entities;
-
Ensuring
legality and transparency;
-
Protection
of rights and legitimate interests of individuals and legal entities;
-
State
and public control over the regulation of the activities of state bodies;
-
Protection
of the rights and legitimate interests of the socio-economic, political, legal,
organizational and managerial systems of the state, etc.
Corruption as a complex, historically changeable,
negative social phenomenon, as it is known, has emerged in the early stages of
development of human civilization.
The problem of corruption exists in all countries
restricting their social and economic progress. It differs only in its specific
practices and scope.
Despite the lack of a universal and comprehensive
definition for the act of corruption, it primarily concerns an abuse of power
by public officials or their official position for their personal gain.
Bribing Officials or the use of official powers for
private gain is the most common type of corruption. The complexity of
developing effective anti-corruption measures is also due to the peculiarities
for each individual state and the difficulties that are related to corruption’s
variable characteristics.
In the course of determining causes, conditions and
consequences of corruption, such factors as local mentality, national and
religious backgrounds, and the level of legal culture should be taken into
account. Moreover, the fundamental terms for an effective and systematic fight
against corruption shall be deemed to have a presence of accountability of
state authorities to the society; independence and fairness of justice; laws
that are clearly stated and simple to administer, the existence of meritocracy
in state 9 personnel policy; transparency of government procedures and a degree
of intolerance for corruption in society as well.
In the context of modernization of the economy and
large-scale social transformations in Kazakhstan the need for a coherent
anti-corruption strategy is becoming increasingly obvious which is closely
aligned with the current socioeconomic policies of the state, and takes into
account culture and ethics of our society and international trends in the fight
against this social evil.
Up to now, a very little attention has been paid to
the improvement of the legal culture of citizens and legal education,
particularly in the sectors and regulations of current laws most demanded for
the daily life of citizens.
Anti-corruption propaganda is largely limited to
single actions and campaigns and formal statements in mass media. Internet is
underutilized for this purpose. Existing information field is not always
conducive to consolidating a zero tolerance for corruption by the society.
The level and quality of sociological research on
problems of corruption and effectiveness of state anti-corruption measures
leaves much to be desired. At the legislative level violation of norms and
rules of professional ethics has not yet been delineated from corruption
offenses, which distorts the real picture of a corruption situation. It
precludes the State from focussing its efforts on important directions of
combating corruption and it leads to an unreasonable increase of the country’s
corruption rating.
At the same time, there is no clear distinction
between the levels of corruption actions and respective penalties applied for
them. It is necessary to finally decide on the approaches for combating
corruption in the private sector as well. State intervention into the business
activities should be based on a clear understanding of the scope of corruption
and the number of persons covered by its definition. There should be no
administrative barriers hindering business development and the provision of a
favourable investment climate in the 11 country.
In general, there should be a reduction of state
participation in entrepreneurial activities. Steps undertaken by independent
Kazakhstan to further integration into the world arena oblige our country to
take into account certain international standards adopted on anti-corruption
issues.
However, such standards should be introduced not only
on the basis of international partners’ recommendations. International
experience should be subject to scrutiny and detailed analysis for compliance
with the provisions of Constitution of Kazakhstan, the current legislation and
legal practice and take into account the peculiarities that are traditional and
inherent in our country in the formulation and functioning of legal mechanisms
and institutions to combat corruption.
List of used literature
1. Rim’s Law: Textbook / Î. À. Omelchenko. – 2d publ., corrected and complemented. – Ì.: – Ostozhie, 2000. – 208 p.
2. Corruption
in sphere of state management // Resolution of the Eighth Congress of UN on warning of criminality and address with
offender. - NEW YORK, 1990. - P. 150-153.
3. On the Anti-Corruption Strategy of the Republic of
Kazakhstan for 2015-2025. http: adilet.zan.kz