Ismailov MA

d.yu.n.prof.

CSU.

Chechen Republic

Grozny

Problems of corruption and the customary law of the peoples of Dagestan.

"He came to the poor in a rich province,

 and he left the rich from the poor province

Eastern wisdom

In today's world there are problems that are inherent to almost all countries, it concerns not only ethnic, religious and environmental, but also problems of having a long history, with which he fought and tried to decide the political, economic, religious practices but has failed to win - corruption.

One of the most dangerous types of crime, corruption has become, which in concentrated form incorporates various crimes and is, that is the most dangerous in terms of political and economic security of the state apparatus to the strain, its criminalization.

Corruption is a more complex social and criminological concept than law, so it should be viewed not as the concrete structure of a crime, but as a set of related species acts.

 The history of corruption is not inferior to the ancient history of human civilization. The roots of this negative social phenomenon goes to the deep past. This is evidenced by biblical sayings "Thy crowned and companions of thieves; they all love gifts and chasing mzdoyu ... "; "Woe to those who justify the wicked for reward, and the right to take legal"

Based on this definition obsheprinyatih scale phenomena should pay attention to the fact that corruption is such an interesting and rich history as well as the state, there are many scientists who have linked birth and activities of the Institute with the birth of the state, but there are opponents argue the opposite. Dagestan its ancient history is a good example, where you can trace the genesis and evolution of this essentially ugly, destructive inside the state, and corrupting the society, but supposedly generated by the phenomenon.

Of course in order to analyze the corruption it is necessary to identify the causes and origins. In this regard, we can consider the problem on the example of the ordinary rights of the peoples of Dagestan, the benefit here were represented by different forms of government and at the same time there are two world religions were represented, Islam and Christianity, the influence of which on public-legal institutions was essential. This approach is attractive in scientific terms by the fact that it is possible to test the idea that corruption is a product of the state and it is important to follow it (corruption) was introduced in rural society (if there was) in the fief. It should be mentioned that the traditional offerings, presents always have been, but as they fell or became the basis of the phenomenon of corruption should be highlighted and clarified. Referring to the famous "Legend of Hochbare" which clearly and defiantly the place to be offering to Khan as "... the best ....", The bull, although friendly, allied their relationship can not be called more than that at the core of their relationship is conflict, this gift is not a demonstration of reconciliation, as a tribute to tradition and no hint of corruption.

But how komentirovat sleduyushy "In the village of Chokh freed slaves and their descendants until the 4th knee owe the division of public cropland, happens through every ten years, giving one boiler of a special alloy called oohs, at the price of 8-10 Ruble ., one of the boilers is broken into small pieces, and the rest are sold and the proceeds of their sum is a treat for the members of agricultural management. Also once a year, after the partition of mowing and grazing locations, each freed slave and his descendants until the 4th knee are obliged to treat all Uzdenov living on the same street with them ... "

Of course, the elder board or the governor of a personal appeal to their aid was seen as a universal norm. Things began to change with the complexity and professionalization of the state apparatus. the highest-ranking rulers demanded that the lower-level "employees" were content with only fixed "salary." On the other hand, officials of lower ranks preferred by secretly getting asylum (or require them) surcharge for the performance of their duties.

Adat more consistent, focused and tightly guarded property rights of the propertied strata, "legitimized" in many cases the duties and levies from ordinary Uzdenov towards wealthy "elite". We can not here ignore the argument is that if the establishment of Sharia - a fixed, unchanging reality, the adat flexible multileveledness in the interpretation (or, at least, not very often ambiguous); propertied elite very often impose new adat population - in the Shari'ah is not possible. Of course, that the clergy stubbornly resisted, defended its position, clung to the habitual norm, where the priority of Sharia spoke clearly, vividly, emphatically. In the presence of many neighboring communities villagers. Mehelta "adopted" new adat "Population Mehelta village has decided to expel a person if someone does not comply with Shariah laws contradicted, took bribes, testified lie, taking payment for the blood." Features of the mass consciousness, which za¬kon not received values of a higher power, but as a kind of ras¬smatrivalsya recommendation, which is not necessarily sledova¬nie. The dominance of adat in the management of virtually legalized bribery. Prak¬tika sorts of offerings Khan Bey, Ceausu, Mangushev (estestven¬naya in conditions when Khan actually vy¬stupal as the owner of not only land, but also the life of the citizen) perenosi¬las and other spheres of life, particularly on relations with the state power

Now the problem rooted in the beginning of this article. As is well known in Dagestan were presented in addition to the classical public entities, which has been their administration and officials, and were also rural communities where there were local government on democratic principles, and the supreme civil community foundation Dagestan State. Here attractive idea in the first place the presence of corruption in both the possession and the community and in the second level of its manifestation, it is expected that in the rural community a priori, it is not a life, everything is transparent, democracy amom literal sense, governance, judicial independence and that it is important to the absence of authoritarian rule but this argument is weakened if the basis to take Akhty pair this thesis takes an unexpected color because this society enjoyed Institute buttermilk-type of feeding in fact received a bribe for the protection and the procedure could last a couple of days. It turns out that not all companies have been on an equal footing, on Aglarovu society were dependent, semi-dependent and completely independent-content level of dependence reflects its essence in this context, the Institute of buttermilk.

In the early stages of the history of rural societies, when there was no professional officials, corruption is almost absent.

Where the authority of the central government was weak, the use of official position for personal requisitions from people often become the accepted norm. Thus, as already indicated in the rural society Akhty pair considered obligatory feeding of the whole society for neighboring that the company defended its t.e.okazyvalo help the adat was named Buttermilk.

The more centralized is the state, the more it is strictly limited the autonomy of citizens, causing the lower officials and senior managers to covert violation of the law in favor of citizens who want to get rid of strict supervision. Demonstration punishment of corrupt officials are not usually allowed almost no effect, because the place of the eliminated (demoted or executed) there were new extortionists bribes. Since the central government usually does not have the strength for total control over the activities of officials, it is usually content with maintaining a certain "tolerant norms" of corruption, suppressing a very dangerous manifestation.

Thus, the tradition of making all kinds of gifts and offerings are traditional, and its roots in the socio-political and economic relations, prevailing in the Kazakh society in the period of feudalism. Corruption is manifested in a legitimate institutional forms, and its main factors at that time were: social stratification of the Dagestan society into rich and poor, a rigid hierarchy between these layers in terms of their consistency and tribal relations and patriarchal culture.

Now pay attention to the fief, where corruption is more manifest and had established traditions. The provisions of the monuments of Dagestan rights are quite diverse. They contain the rules of civil, administrative and criminal law as well as provisions on religion, taxes and more, covering thus all the society. The decentralization of power and the lack of a unified state bureaucracy, the implementation of public administration authorities of the feudal clan collectively excluded the possibility of at least formally origins in common law rules providing for liability for bribery, abuse of position, etc., that is corruption. But at the same time in Dagestan in that distant period we tried as accepted now speaks clearly to prevent and fought at the legislative level this phenomenon. For example, in the famous Code of Umma Khan already have articles directly speak about the corruption scheme, suggesting that it may be the appointment of the heads of the son of his father, cousins, "... It is forbidden to appoint captains in one place father and son, or two brothers or two cousins; if any, will be appointed, the superiors are obliged to work osvobo¬dit youngest of them ... "

The following article creates an image of a careful approach to the selection and appointment of judges, in fact it leads to the oath "If the provinces want the elders to appoint judges in the rural 1 year, it is necessary to subject these targets for the post of village su¬dey oath that they will be collect fines from those who 'were guilty, and that will not be subject to a fine nevi¬novnyh, and that does not depart from what is written on this paper the law "

If someone from rural judges will not want to give the oath, then it should be deleted from the list and to recover from his one sheep, and in its place appoint dru¬gogo.

If other members of the rural court allow into their midst chelo¬veka not gave the oath, then they should seek the one sheep ... ".

It seems such a selection set up an impartial judge observance of office performance of its functions.

Another interesting point is the manifestation and the presence of corruption in the Imamate, the state created on the basis of theocratic, but in the very essence of the claims to a unique shape and focused on the struggle for independence from both their local rulers, and from the colonial pressure of the empire, there is also not without symptoms this phenomenon .Srazu note chtov Imamate was established slender structure and powers were transferred mudiram, Naib and elders, and certainly not without its abuse by certain representatives of the authorities in terms of bribes. This state of affairs has led to the fact that the famous Nizam Shamil almost first mentioned bribe an official and then the penalty.

 Nizam were based on the Shariah, but take into account the adat mountaineers, they have transformed the majority of branches of law: the state, the criminal, civil, administrative, land, financial, family. Nizam helped to strengthen the rule of law and reduce the number of offenses, the satisfaction of material and spiritual needs, the normalization of family relations, the protection of rights and interests of the mountaineers. The content of the article at the same time reflects the beginning of Sharia and customary rights of the peoples of Dagestan, were established rules in order to fight against corruption and abuse of power. So in Chapter 8 th "Regulations on the Naib," saying that they "must hold themselves and their colleagues from the bribery, bribery because it is the cause of the destruction of the state and order. A bribe is taken, action is announced, and the perpetrator is arrested for 10 days and 10 nights. " Chapter 11 I interpreted: "When the stop in the city, village or province, you do not have to rob or other renegade way to take possession of a sort whatsoever thing - without the permission of the Imam or his vekil. Guilty Naib is reduced to the position of chief of a hundred. " Finally, the 14th chapter of the same Nizam prohibits "handing one person two posts, in order to remove any doubt concerning the Naib people and prevent any bad and suspicious thoughts about it. The offender shall be punished with a reprimand with people. "

Considering the history of the state and the rights of Dagestan, it is known that the customary law accepted in rural communities were largely predetermined by the traditions of a legislative nature, established principles of legal culture Highland.

 There are articles where even the suspicion of corruption component is an occasion for a separate article in Chapter 5, "On the injustice» § 32. Code Shamkhalate Tarkovsky and Khanate Mehtulinskogo stated "For willful injustice guilty judge undergoes monetary penalty proportionate to the price of the subject of the dispute on which it was settled ; shall be removed from office and deprived of the right to vote in the public meetings.

The next stage of the formation of the legal system, which objectively influenced the changes in the social and legal essence of corruption, starts counting from the period of the approval of the Russian colonial policy in Dagestan.

  During the reign of Nicholas II in 1845 it was made of the Penal Code and the criminal executive, which has been modified and substantially amended the law on liability for bribery and other forms of corruption, new regulations introduced. In the sixth chapter of the fifth section of the Legal Code provides for criminal responsibility for abuse of mercenary in the service, including bribery. This chapter is called "On bribery and extortion," and included the thirteen articles.

In November, 1862 Emperor Alexander II issued a decree "On finding the causes of and reporting tools for the elimination of this ulcer", which contained the following questions to be examined.

1. What are the reasons for the strength of which the detrimental extortion or bribery in the Empire, not only there, but even the most distributed between those who would shun them and bound at every possible way to stop them?

2. Is there enough hitherto existing laws on extortion ... and there are not even cover the greedy, while the recipient of and giving equal punished?

3. What do the extermination of plagues this must take measures so that it could not hurt nor justice, nor state apparatus, following rapid flow in the administration of affairs?

Created by the Senate special committee to study this phenomenon drew attention to three main reasons for its prevalence: the imperfection of the laws, low material and financial security for civil servants and the disparity of crime and punishment. "In the Russian legislation does not is almost no shades between the crime committed out of greed and self-interest, and displaced and extreme poverty. He who enriches himself depletion States who are the despair of the litigants, forcing them to the last crumbs and poor office minister, who took asylum with little of anything pleasing a few rubles, undergo equal participation. "

How do these laws reflected on the state of the problem of bribery in the Dagestan region. According to the established practice in the regions were sent special auditors one such senator Reinke in his report wrote "... By certifying the chairman of the Grozny highland verbal trial, as well as chairman of the Vedeno highland verbal Court (now chief of Racha district) election campaign is the following picture: wishing to get into the MPs have spared no promises, no treats, no money; to bribe electors spent several hundred rubles. "Ballot shall", - said one eyewitness, - "like a sale at public auction profitable positions deputies highland court. And allowed Retraiding when blackball an applicant fails to convince someone should of persons standing close to the mountain of the courts report on cases in the wrong production elections. "

It is clear that the position of the deputy did not achieve because of the 16 rubles. 66 kopecks. salary per month, which receives from the Treasury deputy court, and torn from their families and from the farm, are sometimes a few dozen miles from highland court ... "

  S.Gabiev wrote: "In court, reigned only one confusion, as evidenced by the fact testifying to the various court decisions on uniform edinoharakternomu case. And there is nothing surprising that the more ambitious, arrogant representatives, ignoring everything and everyone, decided matters as desired, and apply those solutions personally. "

"Legal customs -podcherkival it further - especially pro¬tsessualnye rules, which were based adatnye courts did not comply with the legal consciousness tsivi¬lizovannyh people and did not meet the conditions of life of the mountaineers of Dagestan".

"... Creating political reasons and supporting amorphous highland adatny court - sums up the author, - the power of the whole system built on the principle of mistrust to this very court. Inconsiderate attitude of the authorities to created it as the court completely demoralize the population that ozlob¬lenno against all legal norms, seeing evil in themselves, but not in those who use them freely. "

This state of proceedings in Dagestan, which mozh¬no without exaggeration be called judicial anarchy, reflecting the pronounced management na¬tsionalnyh outskirts of Russia.

Confusion and uncertainty polo¬zheny regulating the activities of the court, forms of procedure, the evaluation of evidence, etc., conducive to the expansion of the power of administrative officials in the administration of justice. The representatives of the royal administration, fulfilling its task of strengthening the authorities in the province, pro¬vodili tough policy under the guise of for¬moy "people's courts".

Combining in the face of the military chief of the administrative and judicial functions has generated a lot of endless complaints ad¬resovannyh administration instead of the judiciary. The complete dependence on the administration of the court gradually developed mountaineers essentially just say that it ultimately depends on the personal discretion of administrative officials, and therefore, despite the court held razbiratelst¬vo population appealed to the local authorities for the actions and razreshe¬niya claims.

A huge stream of complaints and petitions, numerous ugo¬lovnye and civil cases, have been reported to the appeal proceedings, almost resolved minor officials of the administration; very often the outcome of the case depended on interpreters, as a rule, did not disdain the different offerings.

Archival materials indicate widespread bribery of representatives of the administrative judicial system in Dagestan. The secret report noted: "All about the administration of Dagestan, since Dadeshkeliani (. Military governor of the area - MI), is engaged in the most extensive scale bribery and extortion wide in this area ... is very excited indigenous population of Dagestan."

A. Dalgat in his memoirs leads very inte¬resnye data characterizing rural judges mores. He writes - "one of the judges Sultanmutu, home naka¬nune analysis of cases in the rural court to" gift "to soften the harsh soul judges usually come sovershiv¬shie crime and the defendants."

"Judge Bagomedov openly took bribes", - he tells A. Dalgat da¬lee. "He gave all, no one was in court without a gift for him."

"Secular and Muslim judges -pisal G. Amirov - obo¬gaschalis during the year. Revenues them - fines and bribes ".Vzyatochnichestvo, administrative arbitrariness, the lack of any procedural rules and guarantees, the uncertainty of the order of appeal and review court decisions and pri¬govorov - all these basic flaws Dage¬stana judicial system, describing the center management practices national outskirts, at the same time were the logical result of the organization of the judicial system in Russia.

Corruption starts with the formulation of the problem and an understanding that any problem is best solved in some way, with an understanding of what exactly the situation you need to act a certain way. Otherwise, cheating the state and officials becomes self-deception, a delusion of their own inappropriate behavior that is inappropriate situation. those. come with gifts to the elder, left part of the booty to the spirits, to bring goodies good hosts, but the same actions in the courtroom or in the issuance department completely unnatural and, moreover, are illegal, unnatural.

If, for example, the construction of the road or connecting to the electricity grid is connected with some institutions, it indicates that at this time a solution is thus beneficial and optimal for certain groups of people. At the same time another group of people, for example, service users may tend to think that the surrounding construction and connection processes are unjust, and thus itself causes people relationships system is suspected. Interestingly, a single public system (the formation) as a representation of the first group (control connection construction or process), and the second group can be almost equally inadequate with respect to each other. It may also be that a certain group of people are not engaged in any formal vigorous activity, instead taking advantage of the power and yield of the benefits without any significant effort. More precisely, it makes sense to talk about illegal activities in the framework of the existing system of law or unethical behavior within the culture. But the vision of illegality is based on the vision of the traditional culture of the civil legal culture of the society, their contradictions: a means of distribution appears as either a public wrong, simply fraudulent, whereas due to the behavior of people who are not ready to recognize their social responsibility, to understand the effect of the society, to collect information about this process by studying and formulating their rights, instead trusting the important decisions to other forces. A vision of the cultural and social discrepancies ethical standards as defined by the desire to understand the relationship with other people, with the society, which also corresponds to the notion of responsibility, because due to the participation in the society, in fact, the rules of participation in society in accordance with the different areas of its activity .

 In terms of total output will turn the attention of colleagues to the classics sounded at the beginning, ie, it may seem that this whole operation - an accident from beginning to end. But this is not the case. In any case, its success was predetermined by the following factors.

• The democratic system. In Italy, absolute power has neither the prime minister nor the president of the more and stronger party in this struggle for power, competing, and therefore do not forgive each other mistakes. .

• Free media. From television and the press did not hide the ins and outs, and journalists with pleasure hyped scandal, waking general population.

• Consistency of law enforcement. In an article in the journal "Expert" Di Pietro said: "The aim of the operation was to expose the entire depth of the phenomenon in the hope that others will go further - those who continue to dismantle the corrupt system." Others went.

• A strong and independent judiciary. independence of the judiciary (prosecutors servants, judges, investigators) in Italy has declared the Constitution of 1947. To appoint or dismiss ministers Themis is only the Supreme Council, most of whose members are chosen very magistracy. In its decisions, it is neither of whom is independent. That is why Di Pietro, who began a campaign that complicated the lives of so many influential people, was not sacked and was able to continue the job. In addition, in the course of the campaign to the investigating authorities were allowed to freely interrogate members of parliament, which greatly facilitated the course of the operation "Clean Hands"

So, to curb corruption, which in our opinion is unrecognized, but mighty power you need

• democratic system.

• free media.

• sequence of law enforcement.

• a strong and independent judiciary.

Keeping confiscation as one of the important elements of the nature of corruption teesli accumulated through corruption of its property and should be in the punishment set away in Italy, where even on the labels of the bottles was written "Made in the vineyard plantations seized from the mafia."

Certainly recipes struggle in one country are not suitable for such a vast and multi-ethnic, multi-religious country like Russia, but nevertheless, if they get the experience of past years mozhnovyrabotat the whole complex of measures to eradicate or at least reduce this type prestupleniya.Nu and of course what can be conclusions concerning this phenomenon is not in terms of the final disposition where there is official and there is no information there will always be the possibility of corrupt relationships, in our opinion there can be used those civil institutions approved for centuries in Dagestan and in view of present-day realities and legal framework at the municipal level institutions involved elders, further to begin with the election of heads of administrations and deputies, in some cases, and then laid the ground for prosperity and all sorts of crimes including corruption character.

At the same time, you can attract and the clergy which expressly refers to the sinfulness of this phenomenon and promotion in the mosque at the funeral events honest way of life can Povlja on the nature of the sparks otnoscheniya veruyushih Islam imposes a strict ban on the giving and receiving bribes. Taking, as well as giving it finds the curse of Allah. The Messenger of Allah (peace be upon him) said: "Allah has cursed those who give bribes, and who takes them."

 Of course, the most important need will of state power if it is exercised, the task of combating corruption will be solved ... if?