Corruption Crime: the concept, structure, dynamics.
Begalinova KK
KazNTU after KI Satpayev, Ph.D., Head of Department of History of
Kazakhstan and social-humanitarian disciplines, Almaty, Kazakhstan
Қabanbaeva GB
Kazakh National University named after Al-Farabi, Faculty of Law,
Dr. PhD (International Law), Senior Lecturer, Almaty, Kazakhstan.
gulbaht@mail.ru
The concept of legal policy of the Republic
of Kazakhstan from September 20, 2002 emphasized that the main objectives of
public authorities is to improve system of state control in the sphere of
financial and economic activities in order to prevent abuse, increase the
effectiveness of public authorities to prevent corruption, respect for
professional ethics.
Public danger of
corruption is expressed as follows:
Public policy is
dictated by the private interests of those in power, and thus able to influence
the government on a scale exceeding the government to implement the activities
of public interest. Key decisions that have the greatest impact on society,
made on the basis of corruption or to shield corrupt officials who are
dependent on a variety of "shadow figures".
Direct losses from
corruption lead to a decrease in state budget revenues, indirectly reducing the
volume of the produced gross domestic product.
Corruption extends
the shadow economy, a negative impact on competition, as the "bribe"
ensure the provision of non-competitive advantages. This undermines the market
relations as such, creates a new monopoly corruption often associated with
organized crime, reduce the efficiency of the economy as a whole.
Corruption deprives
the government of the possibility to enforce fair rules of the market game, and
it discredits the very idea of the market, and the authority of
the state as arbiter and judge.
The impact of
corruption on privatization and bankruptcy complicates the manifestation of
effective owners.
Mismanagement of
public finances aggravated budget crisis.
Corruption
increases the costs of economic agents, which affects the increase in consumer
prices and tariffs.
Corruption corrupts
not only the government, but different corporate management personnel.
Accordingly, there is a general decrease in management efficiency - both public
and commercial.
Widespread
corruption makes it impossible to attract not only foreign, but also Kazakh
investments, which in principle deprives the state of development
opportunities.
In this connection
it is necessary to disclose the definition of "corruption". For the
first time in the domestic legal literature, the term "corruption"
has been introduced in the legal conceptual device. AND I. Estrin in "Bribery",
which was released in the framework of criminal law circle at St. Petersburg
University in 1913. The simplest definition of corruption - podkupaemost and
corruption of public officials and officials as well as public and political
figures in general. There are other definitions of the term. One of the latest
was reflected in the Council of Europe Criminal Law Convention on Corruption in
1999. Most countries (including Kazakhstan) agreed on a rather broad
understanding of corruption, partly modern state returns back centuries.
However, it would be wrong to assume that corruption is everywhere and always
appears the same, that same its causes and consequences. Crucial here are the
national mentality, legal, religious, and ethnic traditions, which are never
the mirror image of each other, and economic well-being of the state.
Corruption is
diverse in its manifestations. In any case, it is impossible not to draw
attention to the fact that national and international law rather
"indifferent" look to many forms of corrupt behavior, nevertheless,
condemned by public morality or religion. Corruption original
"splits" into two unequal parts: the ethical deviations and
violations. However, this "dualism" of corruption is not confined.
Often it is expressed, on the one hand, employees use their status to obtain
illegal advantages (bribability) and on the other - in the latter providing
such benefits. Traditionally, in the contradictory unity of these parties in
terms of greater public danger dominates venality. Quite often, corruption is a
semblance of unilateral transactions or theft. Historically, differing in the
Kazakh public opinion and the right forms of corruption are bribery - obtaining
in violation of the established order of law a person who was in the public or
public service, any advantages for committing legal actions (inaction) of the
service, and extortion - to obtain the same person any benefits-or for the
commission in the service of illegal actions (inaction). Bribery and extortion
can occur at all levels of the system, while the volume of the amount and
extent of the harmful effects on society can be infinitely varied. An example
of proper ethical violations may be committed public servant acts which
adversely affect the state of public opinion on the state of the rule of law in
the public service, although not expressly prohibited by law or other legal act
(presence at banquets arranged by organizations that control the activity of
which is the responsibility of this entity; public non-business communication
with people who have a previous conviction for mercenary crimes; accommodation
in apartments or use of a car, the cost of which is not comparable with the
size of the salary).
Among the
corruption offenses usually are four types: civil torts, disciplinary,
administrative offenses and crimes, although, of course, the actual separation
of disciplinary (service) and administrative offenses rather relative.
The study of
literature indicates that there is no unity among the scientists in
understanding the concept of "corruption". There are many views on
this issue. The most common are the following: 1. The identification of
corruption bribery. 2. Consideration of corruption as abuse of office,
committed for pecuniary gain. 3. Identification of corruption by malpractice
committed in their own interests, as well as cases of self-serving abuse of the
service, characterized by bribery and corruption of public officials. 4.
Consideration of corruption as part of organized crime. 5. Corruption - means
any intentional violation of official or other public servant of his official
duties.
For example,
according to Professor AI Debt, corruption - a "social phenomenon,
characterized by bribery, corruption of state and other officials, and on this
basis, selfish use of their personal or narrow group, the corporate interest of
the official official powers associated with them authority and
capability". [1]
Professor BV
Volzhenkin writes that "etymologically the term" corruption
"comes from the Latin word for" corruption, bribery, "[2]. GA
Satarov said that "the civil servant is obliged to take decisions on the
basis of the objectives set by law (Constitution, laws and other regulations)
and socially approved cultural and moral norms. Corruption begins when these
purposes are replaced by the selfish interests of an official, embodied in
concrete actions. This condition is sufficient to characterize the phenomenon
of the abuse of power. Between this phenomenon and the brink of corruption is
very blurred "[3]. Some scientists believe corruption and violation of
ethnic norms of official authority [4]. It seems that the definition of the
concept of corruption and the establishment of its concrete manifestations
should be based on an understanding of the social nature of this phenomenon.
The essence of corruption is that it distorts public relations, disrupts the
normal procedures of the state apparatus, resulting in a
"corruption", "corrosion" of power. A background paper on
the UN international anti-corruption states that "corruption - the abuse
of public power for private gain." Eighth United Nations Congress on the
Prevention of Crime and the Treatment of offenses (Havana, 1990) in its
resolution "Corruption in public administration," noted that
corruption - a typical kind of white-collar crime, it is a highly latent, often
characterized by sophistication and big damage. Corruption - a catalyst of
organized crime, it is one of the essential components of its
"habitat".
Corruption is
extremely negative social phenomenon that has such characteristic features as
the scale of criminal activity, stability and consistency in the various
sectors of the economy.
Not the rights of
authors who believe that corruption is characteristic only for the countries in
transition. For example, in the United States in every organized criminal
groups is fixed at least one post korruptera. Korruptery and bribe and
intimidate officials. Moreover, ever since the "dry law" with a light
hand of known gangsters in 20-30s Charlie Luciano and Al Capone racketeers
brought the order, according to which about one-third of all criminal proceeds
should go to the bribery of government and justice. Rightly notes AI Dolgov
that "the fight against corruption should be carried out at the same time,
in connection with the fight against crime in the organization". [6] It is
appropriate to mention the fact that among both practitioners and theorists,
there are different points of view on the mechanism of corruption, its types
and subjects.
Bibliography:
1. Corruption and bureaucracy: the origins
and ways to overcome: Thematic collection. / Ed. Ed. GI Ivanov. M., 1998.
2. Magomedov KO Sociological analysis of the
ethical problems of public service // Public service. 2004. number 6.
3. Roman VL Corruption as a systemic problem
of Russian society and the state // Sociology of power. Moscow, 2003.
4. Tsaplin A.B., Bakushev VV Corruption
Trends in the world and Russia. Moscow, 2000.
5. Citizens VD Corruption: Will it prevail
against the Russians // Vlast.-M, 2004. -№ 12?..
6. M. Johnson Search definitions: the quality
of political life and the problem of corruption // Intern. Social Science Journal. M.,
1997. -№ 16.