Law/5. Criminal law and criminology
Zhadan V.N.
PhD in Law,
Associate Professor
Kazan Federal University, Elabuga
Institute,
ON THE CRIMINOLOGICAL
CHARACTERISTICS OF CORRUPTION CRIME IN
Abstract.
The article discusses criminological characteristics of corruption crime in
Key
words: criminological characteristic of corruption crime,
It is generally accepted that one of the
important problems for many countries is the corruption in the bodies of state
power and economic activity. 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 criminological and criminal-legal
characteristics of corruption and corruption crimes in
The subject of this consideration are questions
about the criminological characteristics of corruption crime in Russia, and is
a continuation of previously published materials "Urgent questions about
the system of corruption crimes", "whether the right to existence of
the criminal-legal concept of "corruption?", "On corruption and
criminological characteristics of corruption crimes", "On
criminological aspects of corruption criminal activities in Russia",
"criminal-legal counteraction of corruption in Russia", "on
prevention of corruption crimes in Russia", "Some approaches to the
definition of characteristics and concepts of corruption crimes" and
others. During the consideration of the criminological characteristics of
corruption crime the author will partially use previously published materials.
It is well known that the corruption continues
with varying success as much as there is the Russian state. The roots of
corruption should be sought in the history of Ancient Russia, when there was a
system of so-called "feedings", and administrative employees were not
wages as such to provide for themselves at the expense of citizens somehow
involved in their activities. In the course of addressing relevant issues,
these workers often focused not only on the state interest, but also on the
size of personal gain. A similar practice was actively eradicated by Peter I
and partially by subsequent Russian monarchs. More actively fought against
corruption in the Soviet period, but in one form or another survived up to the
present the Russian time. This is indicated not only historical documents, but
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 [10, p. 27].
Before moving to the analysis of criminological
characteristics of corruption crime in
The term "corruption" comes from a
combination of the Latin words "sogge"
(several participants entering the relationship for one subject) and "gymraeg" (to break, to damage, to break, to cancel).
The result is a self-saghirah term, which includes
participation in the activities of several persons, the purpose of which is
"braking" the normal course of the trial or management of the Affairs
of society [11, p. 46].
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 [12].
According to G. A. Alexandrov,
corruption is a phenomenon that has struck the apparatus of state power and
control associated with his disorder, when representatives of the office
illegally use their official position for selfish ends, for personal enrichment
contrary to interests of service [13, p. 23].
According to p. 1 art. 1 of the Federal law dated
25.12.2008 N 273-FZ "On combating corruption" [14] (hereinafter
referred 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.
As follows from the normative concept of
"corruption" the legislator allocates its symptoms and indicates
particular types of crimes (abuse of official position, bribery, receiving a
bribe, abuse of authority, commercial bribery, etc.) and thereby refers to
certain offences [15, p. 556] provided for in the Criminal code of Russian
Federation [16] (hereinafter CC RF), 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 N 797/11 and Ministry of internal Affairs N 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" [17]
given a list number N 23 "Crimes of corruption", which uses the term
"crimes of corruption".
According to the list N 23 [17] 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 [18, p. 406].
As is well known criminological characteristics
of certain types of crime, including corruption offences, includes the following
aspects (elements): 1) the status, dynamics, proportion, structure, level of
latency, etc. [19, 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 ... studies [20, p.
17].
According to official statistics in
Of interest is the scientific approach that the
crime of corruption 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 [23, 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 ..."
[24, p. 5], which require additional independent research.
Following the criminological aspect 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.
Corruption offender's personality in domestic
criminology, it is necessary to consider how 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 individual corruption offender [25,
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% [26].
A. V. Belyanin using
research conducted by the sociological laboratory, Moscow state University,
drew attention to the following information that about 70% of Russian officials
take bribes, approximately 24% of Russian respondents in a variety of social
groups believe that bribery as one form of manifestation of corruption is the
most dangerous for modern society and reduces the confidence of the population
to state structures and officials [27, p.12].
The final element of criminological analysis of
corruption crime are General and special measures for combating 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, strict rule of law, equality of the rights and freedoms of
citizens in the economic and political spheres.
In order to counter corruption in the system of
state policy should: 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 [28].
Referred to as a partial General social and specially-criminological
measures to combat corruption is aimed at reducing corruption crime in Russian
society.
Thus, this study may be understood as the
analysis of theoretical propositions of the science of criminology, official
statistics, existing legislation and legal acts, as well as scientific
approaches and the author's understanding of some issues about criminological
characteristic of corruption crime in
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