Ïðàâî/6.Áîðüáà ñ ýêîíîìè÷åñêèìè ïðåñòóïëåíèÿìè
Toleubayeva D., Sovetova K., 2nd year students
Shatirishvili N.T., senior lecturer master of jurisprudence
Karaganda Economic University, Kazakhstan
ACTUAL ISSUES OF CORRUPTION BEHAVIOR
Corruption is negative social phenomena. It impedes economic growth, development, lower the efficiency of state control, investment attractiveness, of country. Corruption undermines moral value of nation. It extremely negative influences on moral-political climate in country, contributes of appearance of negative altitude to any political, economical, social changes. Nation disappeared in authority loss respect to the law. Corruption forms certain ideology and evaluative orientations in peoples’ mind. They are directed on acquisitiveness, lucre and lead to spiritual degradation not only of one individual person, but whole nation and society.
The anti-corruption policy in our country is based on three major documents: Anti Corruption Strategy of the Republic of Kazakhstan (RK) for 2015-2025 years, the Law “On Combating corruption” from November 2015, the Law “On state service” from November 2015[1;2;3]. But do these documents disclose the main cause of such actual issue? Have the government deeply come through in the essence of this criminal activity? Will the sanity win the social evil?
The relevance of our theme can be confirmed by simple statistic data: International organization “Transparency International” gave Kazakhstan the 123 place by the corruption level in the list of 146 countries in 2015. Kazakhstan has fall from 107 position to 123 for 10 years. The common mark is 2.2 from 10 possible. It means ‘incoercible corruption”. Our country stays under such countries as Gambia and Sierra Leone. Such situation is actual in spite of the fact, that the level of life in Kazakhstan is much higher.
As it’s known, corruption crimes usually made by people, who authorized on state functions execution and also persons equal to them with the usage of their position rights and abilities connected with them. Meanwhile, the corruption crimes of people, who authorized on state functions executions, are still not fully investigated.
We distinguish two factors, influencing on corrupted behavior: macro environment and micro environment. Macro environment represents mentality of the nation, what includes nepotism and fraternity. Micro environment are personal characteristics. For instance law wages, pressure of family, colleagues, anticorruption steadiness, addiction to corruption. And we should take comprehensive measures according to these environments.
Unfortunately, nepotism and fraternity are very spread in Kazakhstan. This nation peculiarity is determined post by Soviet influence. While in the West the individualism was developed, on the territory of Soviet Union there was collectivism. This trend is saved nowadays. It must not be in state apparatus.
We can analyze the peculiarities of corrupted behavior by the real example:
The judge of Supreme Court Zhakishev S.A. transferred bribe in the amount of 70 000 dollars to the Tashenova A.D. The act of corruption was in the building of Supreme Court in the service office. Tashenova A.D. was official authorized on state functions executions, holding responsible position. She was the chair of supervisory judicial board by civil and administrative issues of Supreme Court. The amount of money is considered as especially large size by Kazakhstan legislation. Money was preliminary obtained through the relative – the representative of company which engaged in gold mining and other unknown persons. Illegality of action composes in the intention of verdict pronouncement in favor of the company .
We have next key points: the place of bribe giving process, the way of bribe’s handle and round of possible participants.
The situation of bribe’s giving process. The time and place of committed crime points on habitual circumstances for the bribe taker: offense was performed in her service cabinet. There was no meeting in some neutral area or place hidden from extraneous eyes. So we can make a conclusion that one of the peculiarities of given case is multiplicity.
The way of bribe’s handle was not covered under the guise of something: exchange of more value thing on less value, getting money by factious contract, qua premiums and etc. Tashenova A.D took money personally for herself direct from Zhaklishev S.A. What can also shows the lack of fear to be punished.
Round of possible participants include involvement of the relative and direct partaking of officials, authorized on state functions executions and holding responsible position.
We can describe the corrupted person in next way: it’s person with high addiction to the corruption and law level of corruption steadiness. These personal characteristics inherent to the corrupted behavior:
1) Law level of self-sufficiency( i.e. autonomy, inner independence from environment influence and pressure);
2) Law level of anticorruption intolerance( the structure of personally important values and aims which show the degree of predisposition to the corrupted behavior);
3) Law level of self-regulation and self-discipline( i.e. the abilities to the planning, prediction, evaluation of your actions consequences and also nervous-psychological steadiness in the conditions of environment influence.
We have investigated the main factors influencing on corrupted behavior, considered the real case. And on the base if this analysis we can offer some measures of corruption counteraction.
Measures connected with influence of macro environment:
§ raising the level of financial education: implementation of many state free programs, the work of mass media;
§ liquidation of such phenomena as nepotism and fraternity: thorough checking of relative connections presence;
§ social work: publishing the perpetrators in public places such as buses, bus stops, hospitals and etc. Publishing must include the photography of the offender, description of the crime and amount of money;
§ Innovation in the rules about hiring in state apparatus: the psychological professional selection of state servants must be held before the accession. It will determine their anticorruption steadiness or addiction to corruption. The creation of corresponding psychological tools takes especial place;
Measures connected with micro environment:
§ increase of state servants salary, normalization of working day, payment of overtime work, providing the privileges;
We have investigated only the little part of corrupted behavior. Historical, social and cultural aspects must be given in mind for more full analysis. The process of corruption liquidation must be seized on all levels of life, the practice of foreign countries must be taken into account, the sphere of legislation must be perfected and firstly the combat must be held in peoples mind.
2. The Law “On combating corruption” from November 18, 2015;
3. The Law “On state service” from November 23, 2015;