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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[4]. 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 [5].
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.
Bibliography
1. Decree of the President of the RK “Anti-Corruption
Strategy of the Republic of Kazakhstan for 2015-2025 GG” December 26, 2014.
2. The Law “On combating corruption” from November 18,
2015;
3. The Law “On state service” from November 23, 2015;
4. https://www.transparency.org;
5. http://causa.kz/2012/06/prigovor-v-otnoshenii-dzhakisheva-s-a-tashenovoj-a-d/