Journal articles on the topic 'Corruption – Russia (Federation)'
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1
Smirnova, O., and S. Chelak. "The corruption as an obstacle to economic growth and development of the Russian Federation." National Security and Strategic Planning 2021, no. 1 (May 5, 2021): 44–62. http://dx.doi.org/10.37468/2307-1400-2021-1-44-62.
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Review paper on the reasons for the emergence of corruption in Russia. To resolve the current situation, it is necessary to improve the anti-corruption policy pursued by the state, to form the mindset of the irreconcilability of corrupt actions among the citizens of the Russian Federation. Corruption poses a threat to the country's economic security. Analyzing the main approaches to the problem, they make it possible to form a classification of types of corruption. An anti-corruption policy is developed and improved every year, but the level of corruption in Russia remains quite high. For a long time, the peculiarities of the attitude of citizens to this negative social phenomenon have been manifested in Russia. International effective anti-corruption policies are considered, of which the Asian model and the Scandinavian model can be distinguished. Today, in order to implement an effective anti-corruption policy in the Russian Federation, attention should be paid to automated information technologies, which will not only simplify the activities of state bodies, but also make anti-corruption policies vital for citizens.
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Севальнев, Вячеслав, and Vyacheslav Sevalnev. "THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 93–98. http://dx.doi.org/10.12737/article_593fc343c6e286.74734563.
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The article considers the actual issues of combating corruption in the Russian Federation and People’s Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of innerparty character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.
3
Rasheva, Natalia. "Prosecutor's supervision over the implementation of anti-corruption legislation (on the example of the Prosecutor's Office of the Murmansk region)." Advances in Law Studies 10, no. 3 (September 25, 2022): 46–50. http://dx.doi.org/10.29039/2409-5087-2022-10-3-46-50.
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The activities of the prosecutor's office to combat corruption today is one of the priorities of prosecutorial supervision. As part of this study, we will analyze the results of the work of the Murmansk Region Prosecutor's Office on supervision of the implementation of anti-corruption legislation for the first 6 months of 2022, identify problems of legal regulation in this area and formulate ways to solve them.
Based on the conducted research, taking into account the globality of the work carried out by the Prosecutor's office to combat corruption, it is proposed that the Prosecutor General's Office of Russia adopt an order that would establish criteria for evaluating the effectiveness of the prosecutor's office in the field of combating corruption. What exactly should be taken as a unit of measurement to take in assessing the performance of the supervisory authorities in the fight against corruption? To date, there is no document establishing efficiency criteria, priorities are determined at the annual boards of the Prosecutor General's Office of the Russian Federation, in the appeals of the President of the Russian Federation, including to the Federation Council of the Federal Assembly of the Russian Federation, by Orders of the Prosecutor General's Office of Russia, including № 454 dated 29.08.2014 «On the organization of Prosecutorial supervision over the implementation of Legislation on anti-corruption»
4
V. Chistnikova, Irina, Marina V. Antonova, Elizaveta G. Serova, Igor A. Sklyarenko, and Elena S. Alyokhina. "Corruption as a Threat to the Economic Security of the Country." Journal of Social Sciences Research, no. 55 (May 10, 2019): 995–1004. http://dx.doi.org/10.32861/jssr.55.995.1004.
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The article analyzes the current level of corruption as a threat to Russia’s economic security. By the method of generalization of the provisions of the legislation, the features of corruption in Russia in the context of economic security are studied, the characteristic of corruption crimes is given. The dynamics of the corruption perception Index in the Russian Federation for 2015-2017 published by Transparency International is studied. Economic and statistical methods of data processing and analysis studied the indicators of corruption in Russia in 2015-2017 on the basis of official data. The value of damage to the country’s economy from corruption is revealed. The dynamics and structure of penalties for corruption crimes in Russia in 2015-2017 are studied on the basis of the generalization of data of the General Prosecutor’s office and Judicial Department at the Supreme court of Russia. Based on the calculation and analysis of the economic security indicators of the Russian Federation for 2015-2017, the impact of corruption on the economic security of the country is assessed. The level of economic security in the country under the influence of the mechanism of corruption is revealed. Methods of positive and normative approaches, abstract-logical and systemic approaches have revealed the directions of the negative impact of corruption on the economic security of the country. The mechanism of influence of corruption on economic security of Russia is presented by graphic method. The social danger of corruption in Russia is that it has a destructive, destabilizing effect on all state institutions and impedes the progressive development of the global legal order. The public danger of corruption is also linked to its latent nature. Corruption has a significant scale that threatens the economic security of Russia, but its real level is almost impossible to establish. Data on corruption in cases registered in the Prosecutor’s office and the judiciary, as well as international expert agencies, allow us to state a high level of corruption in Russia.
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Моисеев, Vladimir Moiseev, Прокуратов, and Vasiliy Prokuratov. "PRESIDENTIAL INITIATIVE ON COMBATING CORRUPTION IN RUSSIA." Central Russian Journal of Social Sciences 10, no. 3 (May 29, 2015): 104–13. http://dx.doi.org/10.12737/11682.
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In the article the problems of combating corruption in our country are considered. Combating corruption in the light of the message of the Presi-dent of the Russian Federation to the Federal Assembly of the Russian Fed-eration on 4 December 2014 is one of the priority tasks of the state and the society. Based on the actual data, the authors show the specific initiatives of the first three presidents of the Russian Federation on political mechanisms for combating corruption practices in our country.
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Kozlova, Elena, Tatyana Taranova, Nikolay Budnetskiy, and Zemfira Kazachkova. "Main Directions and Experience in Implementing State Policy of Anti-Corruption Education in the Russian Federation, the Republic of Belarus and Germany (Comparative Legal Aspect)." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 387–99. http://dx.doi.org/10.17150/2500-4255.2020.14(3).387-399.
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This article reviewed the experience of the Russian Federation, the Republic of Belarus and Germany in formulating and implementing State anti-corruption education policies. The Russian Federation does not have any positive changes in terms of its world ranking on prevention and combating of corruption, the Corruption Perception Index, so the Republic of Belarus, a country of the post-Soviet area, was selected for a comparative legal study, as well as Germany, due to its consistently high ranking and similarity of its legal system with Russia. A study of national anti-corruption legislation and education in general and anti-corruption education in particular showed that it is not only in Russia that there is no systematic approach to anti-corruption education as a preventive measure against corruption offences. Although anti-corruption education has received considerable attention at the national level in each of the countries examined, the measures taken to promote it are ad hoc and not systematic. National legislation does not contain regulations governing education and there is no logical link between various actors involved in anti-corruption education. The results of the study revealed shortcomings of Russian legislation in the area of anti-corruption education and concluded that the achievements of the Republic of Belarus and Germany in combating corruption were most likely linked to other areas and measures to combat and prevent corruption but not to anti-corruption education. It has been shown that in order to increase the effectiveness of anti-corruption education measures, Russia needs to apply international acts regulating not only anti-corruption issues but also educational activities and build a system of social relations in this area with all actors involved in educational activities, on the basis of interconnectedness and interdependence.
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Gnevko, A. V., A. O. Zernov, and E. V. Voskresenskaya. "Actual Problems of Public Service in the Russian Federation." Sociology and Law, no. 1 (April 2, 2020): 60–65. http://dx.doi.org/10.35854/2219-6242-2020-1-60-65.
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The article argues that the entry of the Russian Federation among the five largest economies in the world is accompanied by a fight against corruption. As shown by the research conducted by the authors of the experience of using tools and methods to counteract corruption, the most effective mechanisms for preventing and combating corruption, which implements the principle of publicity and openness of public servants, is the Institute of conflict of interest management. Thus, the problem of conflict of interests in the system of public service in Russia is constantly growing. One of the problems raised in the article related to the organization of the functioning of the public service in the Russian Federation is the incorrectness of the concepts of «conflict of interest» and « personal interest», which requires changes in the legislation.
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Gasparjan, G. S. "Anti-corruption legal consciousness in the formulation and implementation of anti-corruption policy of the Russian Federation." Russian Journal of Legal Studies 2, no. 4 (December 15, 2015): 114–20. http://dx.doi.org/10.17816/rjls18086.
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In today’s Russian society, the problems detection and suppression of corruption offenses has become a priority in scales of all country. In this article describes some methods of forming anti-corruption sense of justice and their realization in practice within the programs developed in compliance with the National plan of counteraction of corruption in Russia.
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Alekseyev, Maxim, Boris Ostroukhov, and Vladislav Dorozhkin. "Compliance Pitfalls in Communications with the Russian Customs: Overview of Anti-corruption Regulations and Enforcement Trends." Global Trade and Customs Journal 16, Issue 9 (September 1, 2021): 402–6. http://dx.doi.org/10.54648/gtcj2021045.
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Interactions with Russian customs authorities may be associated with corruption-related risks that need to be observed and managed from the outset should a company consider engaging in the import operations through the Russian border. This article focuses on reviewing the Russian legal framework, statistics and the enforcement practice concerning the most widespread corruption offenses related to the interactions with the customs officials, as well as the recent developments in anti-corruption customs legislation. It covers the legal foundation of the anti-corruption regime in Russia and analyses its basic institutions for the best understanding of the applicable legal mechanisms. The article also contains recommendations for international companies, regardless of their legal presence in Russia, how to manage their relations with Russian partners and local subsidiaries to minimize the risks of unnecessary attention from the Russian customs authorities, as well as Russian and foreign enforcement authorities specializing on the corruption-related matters. These recommendations include, among others, the adoption and control of compliance policies by nonlocal supervisors and maintaining relations with the Russian customs authorities by joining the Charter of the Bona Fide Participants of the Foreign Trade. Offense, Prosecution, Compliance, Corruption, Anti-Corruption, Bribery, Officials, Prohibition, Review of Legislation, Customs, Criminal Liability, Administrative Liability, Federal Customs Service of the Russian Federation, Russia
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Rasheva, Natalia. "Approaches to understanding corruption: criminal law and law enforcement aspects." Advances in Law Studies 10, no. 3 (September 25, 2022): 31–35. http://dx.doi.org/10.29039/2409-5087-2022-10-3-31-35.
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In the modern legal doctrine there is no clear definition of the concept of corruption, most often it is considered as a generic concept that generalizes a number of criminal acts, which certainly seems to be a significant omission of the domestic legislator. In the article, the author comes to the conclusion that today it is necessary to systematize the signs of corruption crimes provided for by the current criminal legislation. It is possible to reflect them in the Federal Law «On Combating Corruption» and in a separate chapter of the Criminal Code of the Russian Federation. It is possible to take as a basis the Instruction of the Prosecutor General's Office of Russia No. 738/11, the Ministry of Internal Affairs of Russia No. 3 dated 12/25/2020 «On the introduction of lists of articles of the Criminal Code of the Russian Federation used in the formation of statistical reporting»
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Jilkin, V. A. "Implementation of International Legal Provisions on Preventing Corruption in the Russian Federation and Abroad." Russian Journal of Legal Studies 4, no. 4 (December 15, 2017): 103–9. http://dx.doi.org/10.17816/rjls18277.
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This article presents issues of the fight against corruption and analysis of anti-corruption processes in Russia, Finland, Israel, Great Britain and the USA. Issues of international cooperation in the anti-corruption sphere have already been considered by the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the Organisation of American States, the Organization for Economic Cooperation and the European Union. The fight against corruption in the Russian Federation is one of the key areas of consolidation of the statehood and it is being performed step by step through improvement of the legislation, activities of law enforcement, regulatory and public authorities of all levels as well as cultivation of civil intolerance to any manifestation of this social blemish. Russia is actively engaged in international dialogue on a wide range of issues for preventing corruption within the scope of coordination activities and international cooperation in different areas, including issues of anti-corruption in the sphere of sports, ecology and education. Cooperation with relevant international authorities and international organizations is one of the priorities of the General Prosecutor’s Office of the Russian Federation. Given that the Russian anti-corruption system is based on the national legal culture in the context of historical, social and economic development and specific social needs and interests, the author emphasizes that anti-corruption cooperation shall be based on respect for national legal systems and compliance with the international law under coordination of the UN. Legislative proposals on the need for introducing grounds for application on recovery of property, owned by corrupt officials and registered under a third party’s name, to the public revenue and increasing the terms of imprisonment for bribery, which shall be prepared for further improvement of the anti-corruption law.
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Вазюлин and Sergey Vazyulin. "International cooperation of Russia in fight against corruption: strategic points." Journal of Public and Municipal Administration 5, no. 1 (March 28, 2016): 22–26. http://dx.doi.org/10.12737/18843.
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In the article the importance of one of the most significant factors of world-class anti-corruption policy, the international cooperation is revealed. The author proves that intensive cooperation with the foreign states is a characteristic of the modern period of development of the Russian Federation. Each of the countries develops and strengthens the international cooperation for fight against corruption in view of historical, economic, geopolitical and sociocultural features in its own way.
Generalizing international experience of fight against corruption, the author has isolated the major factors constraining development of this negative phenomenon. The attention is focused on anti-corruption mechanisms of world anti-corruption politics. Strategic instruments of fight against corruption in modern Russia are considered.
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Bogoviz, Aleksei, Svetlana Lobova, Yulia Ragulina, and Aleksandr Alekseev. "Corruption Component of Innovative Activities." Russian Journal of Criminology 12, no. 5 (November 8, 2018): 662–68. http://dx.doi.org/10.17150/2500-4255.2018.12(5).662-668.
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The goal of this work is to research the corruption component of innovative activities in modern Russia from the standpoint of economic criminology and to develop recommendations for reducing it with the purpose of facilitating innovative economy. The authors use structural-functional, systemic, problem and logical analysis, methods of statistical (horizontal and trend) analysis and the method of formalization. The information and analytical basis of this work is the materials of official statistical reports of the Ministry of the Interior of the Russian Federation on criminal situation in January - December 2013-2016 and in January - September 2017. The authors also use the materials of the Ministry of Economic Development of the Russian Federation on the long-term prognostication of social and economic development of Russia until 2030, and the materials of the International Business School INSEAD, Cornell University and the World Intellectual Property Organization (WIPO) on the Global Innovation Index for 2013-2017. The authors analyze the prerequisites for these crimes linked to the gaps and drawbacks in contemporary Russian legislation from the standpoint of economic criminology and present practical recommendations for eliminating them. They supplement the current legislation for corruption in the innovative area. It is expected that the practical implementation of these recommendations will contribute to the successful detection and solving of corruption crimes in the area of innovation as well as their prevention because a clear definition of such crimes will provide an evidence base, a threat of punishment will lower their appeal, while automation and public control will reduce opportunities for committing these crimes.
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Sumina, Ekaterina. "Pedagogical activity of the head of the local department of the Ministry of Internal Affairs of Russia on combating corruption among personnel." Applied psychology and pedagogy 4, no. 4 (December 15, 2019): 88–101. http://dx.doi.org/10.12737/2500-0543-2019-35-49.
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One of the primary tasks facing the law enforcement bodies of the Russian Federation is to overcome corruption. Priorities in the fight against this phenomenon are set at the highest level, for example, in the Decree of the President of the Russian Federation. Moreover, a special role in combating corruption among personnel is assigned to the heads of territorial bodies. The object of the study considered in this article is a set of public relations that determine the pedagogical activity of the head of the local departments of the Ministry of Internal Affairs of Russia on combating corruption among personnel. The subject of the study is the regulatory legal acts that determine the activities of the head of the territorial body of the Ministry of Internal Affairs of Russia to combat corruption among personnel, the statistical results of such activities and other empirical data on the research problem. The purpose of the article is to consider proposals for solving the complex problem of combating corruption in the local departments of the Ministry of Internal Affairs of Russia and to obtain on this basis new knowledge that has both scientific and applied value. Based on the statistics, the author came to the conclusion that from the entire system of internal affairs bodies, the most corrupt are the police officers of the road safety units (traffic police inspectors and other traffic police officers), the criminal investigation department and local police officers, which is also confirmed by sociological studies.
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Kirin, Anatoly V., Nelly I. Pobezhimova, Yury M. Buravlyov, and Svetlana A. Sidorova. "Law against Corruption: Outcomes of Corruption Counteraction in Russia." Journal of Politics and Law 13, no. 2 (May 27, 2020): 220. http://dx.doi.org/10.5539/jpl.v13n2p220.
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The article is devoted to the scientific analysis of efficiency of legal and organizational measures taken by the state to counteract corruption in the Russian Federation. The authors critically evaluate their effectiveness, pay attention to methodological gaps in choosing means and methods of fighting this scourge. They also substantiate the necessity of rigorous differentiation of legal liability for corruption offences depending on official capacity of the offender and the area of state activity or social life that is encroached by the offender.
Examining the genesis of the state’s reactions to the scope and danger of the present problem, it can be said that formal acknowledgment of corruption hazard in society and public service in particular has come after a considerable delay only when this phenomenon took a form that endangered foundations of the society and the state itself and when the global institutions paid attention to a high level of corruption in the Russian Federation.
The article studies the impact of law as the most powerful instrument against corruption, the most typical and major drawbacks of legal acts and the degree of their preventive action. The authors emphasize introduction of supplementary restrictions and prohibitions in the civil service system and economy sector. The article draws attention to intensification of criminal repressions for the most dangerous crimes such as bribery, corruption intermediation and others.
The conducted analysis of measures taken by the state and assessment of their efficiency by the public consciousness allow us to formulate a scientific hypothesis on the reasons and conditions that have determined poor performance of counteracting corruption. The authors point out some attempts to mobilize the civil society to fight corruption; however the government failed to significantly reduce its level.
It is postulated that at present there is a necessity to refine the anti-corruption strategy, to optimize the balance between enforcement measures and stimulation as well as motivation of law-abiding behavior of public servants and others involved in public legal relationships, especially of those related to at-risk group. It is of great significance to intensify state and public control over certain activities such as government and public procurement, budget expenditures, the use of material resources, and others.
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Pavlinov, Andrey. "Corruption in the field of international and Russian sport." Russian Journal of Legal Studies (Moscow) 6, no. 4 (May 26, 2020): 121–28. http://dx.doi.org/10.17816/rjls33992.
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The article is a response to the current scientific research of Professor S. V. Maksimov, dedicated to the problems of corruption in the field of international sports. Analyzing the conceptual apparatus, such categories as "sports competition", "organizer of sports competition", exploring the range of unofficial and official international sports events, the status of the organizers of international official sports competitions and paying attention to corruption factors in the activities of the International Olympic Committee, S. V. Maksimov, limited by the scope of his work, is forced to ignore the activities of international sports federations and national Olympic committees.
The author fills this gap by analyzing the activities of the Russian Olympic Committee, the International swimming Federation, and the all-Russian swimming Federation. Supporting the thesis of S. V. Maksimov that athletes are the "weak side" of the Olympic movement, whose rights and legitimate interests are not properly guaranteed, the author identified the problems of mass sports in Russia, the difficulties of material and technical support for sports teams, the lack of funding for swimmers in the regions, the lack of sports schools and sports pools, flaws in the legislative regulation of assigning sports categories. Such problems are partly caused by corruption in Russian sports and generate injustice.
The author agrees with S. V. Maksimov position that it is necessary to adopt a comprehensive UN Convention on sport and improve anti-corruption criminal law bans in the criminal code of the Russian Federation. It also seems appropriate to adopt the principles and provisions of the new Code of ethics of the International Olympic Committee, adopted in 2017, at the national and regional level.
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Хабриева, Талия, and Taliya Khabriyeva. "THE UN ANTI-CORRUPTION CONFERENCE IN 2015 IN RUSSIA: NEW APPROACHES AND IDEAS." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17172.
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The present article is devoted to the analysis of the main approaches and ideas in the field of partnership between the state and business in countering corruption pronounced at the side-event of VI session of the United Nations Anti-Corruption Conference which took place on November 2—6, 2015 in St. Petersburg. The side-event was co-organized by the Chamber of Commerce and Industry of the Russian Federation, United Nations Office on Drugs and Crime (UNODC) and the Institute of Legislation and Comparative Law under the Government of the Russian Federation which performs functions of coordinating scientific and methodological support in fighting corruption. Participants of the side-event elaborated decisions which determine the trajectory of international and national efforts in the sphere of corruption and criminalization of corruption offenses’ prevention, recovery of stolen assets and rendering anti-corruption technical assistance.
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Gunzynov, Zh P., M. Yu Dondokova, Z. A. Konovalova, A. N. Myakhanova, and D. V. Sinkov. "Legal regulation of procurement activities in Russia, China and Mongolia: some aspects of financial control and anti-corruption." Juridical Journal of Samara University 8, no. 1 (June 5, 2022): 88–96. http://dx.doi.org/10.18287/2542-047x-2022-8-1-88-96.
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The article describes some of the features of legal regulation of public procurement in the Peoples Republic of China, Mongolia and the Russian Federation. In the article the key provisions of financial control and anti-corruption are highlighted and the priorities of state policy in these countries in the field of public procurement are noted. The legislation of China and Mongolia is analyzed from the standpoint of the possible use of their provisions to improve Russian legislation. So, the Chinese and Mongolian legislation, in contrast to the Russian, is more concise, has no reference character, etc. Purpose: All above confirms the relevance of further comparative legal analysis of the legislation of the Peoples Republic of China, Mongolia and the Russian Federation in the field of procurement. Conclusions obtained in the course of the study: To identify the distinctive points in the legal regulation of financial control and the application of measures of responsibility for crimes in the implementation of procurement activities in the Russian Federation, the Peoples Republic of China and Mongolia. Conclusions of the research: the legislation of Russia, Mongolia and China is improving methods of combating corruption offenses that are committed in the implementation of procurement activities. Despite the adoption of many legal measures, corruption crimes in procurement activities are committed quite often.
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Damm, Irina Alexandrovna, Evgenii Andreevich Akunchenko, Kseniia Sergeevna Sukhareva, and Margarita Andreevna Volkova. "Anti-corruption security: determination of threats and strategy for counteraction (overview of the 5th Siberian Anti-Corruption Forum)." Вопросы безопасности, no. 1 (January 2020): 59–78. http://dx.doi.org/10.25136/2409-7543.2020.1.31887.
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This article presents the results of the 5th Siberian Anti-Corruption Forum “Anti-corruption security: determination of threats and strategy for counteraction, held in Krasnoyarsk on December 19-20, 2019. The dialogue was organized by the Center for Combating Corruption and Legal Expertise, Law Institute of the Siberian Federal University, Governor’s Office of Krasnoyarsk Krai, Procesutor’s Office of Krasnoyarsk Krai, Administration of the Ministry of Justice of the Russian Federation for Krasnoyarsk Krai, Krasnoyarsk Regional Office of the Association of Lawyers of Russia, and the Union of Criminalists and Criminologist. The rich program of the event allowed representatives of the scientific-practical community to discuss the phenomenon of security within the applied anti-corruption aspect. The following were key topics of the scientific-practical dialogue: the concept and content of anti-corruption security as a scientific category; determination and classification of the threats to anti-corruptions security; system of ensuring anti-corruption security; improvement of federal anti-corruption policy for ensuring anti-corruption security; state and trends of corruption crimes; subjective and objective determinants of corruption crimes; anti-corruption behavioral standards as the main rules of anti-corruption security; reserves of civil society in ensuring anti-corruption security; identification and overcoming corruption stereotypes in mass consciousness; stimulation of anti-corruption behavior as an alternative to legal responsibility for commission of acts of corruption.
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Popkova, Elena, Anastasia Sozinova, Oksana Grechenkovа, and Vera Menshchikova. "Deficiencies in the Legislative Support of Innovative Activities in Contemporary Russia and Ways of Addressing them." Russian Journal of Criminology 12, no. 4 (September 14, 2018): 515–24. http://dx.doi.org/10.17150/2500-4255.2018.12(4).515-524.
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The goal of this article is to verify the presented hypothesis and to research the prospects of improving the existing legal norms in order to increase the effectiveness of crime counteraction in the sphere of overcoming corruption barriers in building an innovative economy in Russia. The problems that remain urgent are: the state of economy as a cause of different types and forms of crime and the inadequate legal regulation of innovative activities. Poor legal regulation in this sphere stimulates the corruption processes. This brings about the necessity to conduct interdisciplinary economic-legal research that would stimulate further development of legal support for innovative activities with an anti-criminogenic potential. The working hypothesis of this research is that the existing legal norms make it impossible to achieve high efficiency in overcoming corruption barriers to building an innovative economy in Russia. The authors analyze the existing normative legislative support of building an innovative economy in Russia through the prism of four key spheres of state management of building an innovative economy: support of innovative small business, stimulation of innovative entrepreneurship, support of the creation and development of innovative territorial clusters and the registration of intellectual property. In order to bridge the gaps in the existing legislative support of this sphere, the authors recommend the adoption of a federal law «On State Management of Building an Innovative Economy in the Russian Federation» that would include a definition of innovative activities in a formalized format, i.e. it should be confirmed by facts. The authors present a definition of innovative activities for different businesses and recommendations for their stimulation in the Russian Federation that could be included in the suggested draft law. They predict that the federal law «On State Management of Building an Innovative Economy in the Russian Federation» could have a positive impact on the dynamics of crime and unlawfulness in the innovative sphere of modern Russia. The reduction of the share of subjectivism in the process of state management of building an innovative economy will reduce opportunities for corruption activities in the innovative sphere.
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Dininio, Phyllis, and Robert Orttung. "Explaining Patterns of Corruption in the Russian Regions." World Politics 57, no. 4 (July 2005): 500–529. http://dx.doi.org/10.1353/wp.2006.0008.
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Corruption is one of the key problems facing the Russian state as it seeks to evolve out of its socialist past. Naturally, regional patterns of corruption exist across a country as large and diverse as the Russian Federation. To explain these variations, the authors analyze 2002 data from Transparency International and the Information for Democracy Foundation that provide the first effort to measure differences in the incidence of corruption across forty Russian regions. They find that corruption in Russia is fueled by the size of government and by the level of development. Within each region, the amount of corruption increases as the number of bureaucrats grows and gross regional product per capita decreases. Russian policymakers can therefore work to reduce corruption by effectively reforming or scaling back bureaucracies and by encouraging economic development outside of the key centers of Moscow and St. Petersburg.
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Kuzina, Svetlana, Inga Sagiryan, and Gleb Fomin. "Formation of anti-corruption legal consciousness of state and municipal officials of Russia." SHS Web of Conferences 70 (2019): 11005. http://dx.doi.org/10.1051/shsconf/20197011005.
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The article is devoted to the state of public legal consciousness of society as a whole, and one of its strata – the governing elite, state and municipal officials, regarding issues related to corruption in Russia. On the way of movement of the Russian state to the civilized principles of construction of modern society there are a lot of difficulties, which should be overcome both by the state power, and the Russian citizens. Such problems are: stereotypical thinking, traditionally forming a neutral and tolerant attitude of Russians to the manifestations of corruption; lack of strict state control of corruption actions of the ruling elite; resistance of the ruling class to the spread of international requirements for the state to fight against corruption, and so on. Bringing Russian anti-corruption legislation into requirements of compliance with the rule of law is a slow-moving process, but the need to improve it has become an urgent need not only for the Russian Federation, but also for the Supreme power.
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Tatarko, Alexander N., Ekaterina V. Maklasova, and Evert Van de Vliert. "Climato-Economic Context of Regional Crime and Corruption Across the Russian Federation." Environment and Behavior 54, no. 3 (December 17, 2021): 575–96. http://dx.doi.org/10.1177/00139165211060522.
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Cross-national research claims that the crime-and-corruption gap between relatively poor and relatively rich countries is larger in more demanding climates that require more cash and capital to cope with the climate. However, this claim is premature because countries differ in many confounding ways including histories and politics. We, therefore, re-tested the climato-economic context of violent crime and corruption within Russia, a country with considerable regional differences in climate and income. Across the eighty-five administrative units of Russia, the crime-and-corruption gap between relatively poor and relatively rich regions is smaller in more demanding climates. Harsher climates are so strongly associated with higher crime levels that the potential influence of differences in wealth becomes negligible. Furthermore, harsher climates are so strongly associated with higher corruption rates in poorer regions but lower corruption rates in richer regions that the potential influence of the climatic demands as such becomes negligible.
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Voskresenskaya, E. V., and A. O. Zernov. "The Relationship between the Tax System and the Level of Corruption in Russia." Economics and Management 26, no. 3 (May 12, 2020): 291–96. http://dx.doi.org/10.35854/1998-1627-2020-3-291-296.
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The presented study examines the relationship between the tax system and the level of corruption in Russia.Aim. The study aims to provide a theoretical and methodological substantiation of the relationship and convergence between the tax system and the level of corruption in the Russian economy for the purposes of implementation of Russia’s economic security concept.Tasks. The authors examine the legislation on taxes and duties of the Russian Federation and the Russian anti-corruption legislation; examine the factors that affect the relationship between the tax system and the level of corruption in Russia and the country’s economic security; identify problems in the mutual influence of the tax system and the level of corruption caused by a low level of legal consciousness and extralegal approaches to the formation of the tax system that disregard theoretical foundations; substantiate recommendations for organizing a system of taxes and duties that would minimize the lobbying of economic and political forces in view of the objective social and public importance of the tax system for the country.Methods. The methodological basis of this study includes the fundamental provisions of modern economic theory, theory of public administration in taxation, and works on anti-corruption policy. The information basis of the study comprises the regulatory and legal acts of the Russian Federation on taxation and anti-corruption measures, Russian statistics on tax administration, and materials of national programs.Results. The study substantiates that at the current stage of development of the tax administration system it is possible to determine an objective trend: the Russian tax system has become an objective and substantial prerequisite for active impact of the quasi-legal tax system on the level of corruption, i.e. corrupt practices at the time of the establishment of the corresponding public relations have determined today’s acts of corruption.Conclusions. There is a close relationship between the tax system and the level of corruption in the country.
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Морозов, Андрей, and Andrey Morozov. "International Law and Domestic Aspects of Russia´s Accession to the Civil Law Convention on Corruption." Journal of Russian Law 2, no. 3 (February 26, 2014): 87–95. http://dx.doi.org/10.12737/2583.
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The article is devoted to the study of international law and domestic issues of accession of the Russian Federation to the Civil Law Convention on Corruption. Analyzes the model of possible accession of Russia to the Convention. This article provides suggestions and recommendations for improving the implementation of the Convention under review in the Russian legal system.
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Fedorov, Aleksandr V. "Liability of Legal Entities for Corruption-Related Crimes." Russian investigator 24 (December 28, 2017): 11–15. http://dx.doi.org/10.18572/1812-3783-2017-24-11-15.
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The article contains theses of the speech at the International Scientific and Practical Conference: Liability for Corruption-Related Crimes. Prevention Measures, Legal Regulation Issues and Possible Solutions held in Moscow on April 6, 2017, by the Investigative Committee of the Russian Federation and the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia). The article draws attention to the fact that the specific matter of corruption combatting-related crimes using the criminal law means cannot be viewed separately from the more general issues related to the development of the Russian criminal laws in general. The author states the prospects of introduction of criminal liability of legal entities in the Russian Federation, justifies the objective dependence of establishment of criminal liability of legal entities for commitment of corruption-related offences. The article stresses that many countries of the world have already established criminal liability for legal entities, and the Russian interests are violated when foreign authorities have a right to bring Russian legal entities to criminal liability while the Russian law enforcement authorities can raise a question of bringing foreign legal entities to administrative liability only. Apart from that, the author notes that the need to introduce criminal liability of legal entities is driven by the membership of the Russian Federation in some international organizations and its being a party to some international conventions. The article gives reasons indicating insufficient efficiency of the institution of administrative liability of legal entities for corrupt practices, which exists in the Russian Federation. As a transitional stage to the establishment of criminal liability of legal entities, the author suggests keeping the existing liability types (criminal one for individuals and administrative one for legal entities), while abandoning different procedural models of bringing to liability in the event that interrelated acts are committed, i.e. reviewing such offences in the course of criminal proceedings.
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Zolotarev, Evgenii Vladimirovich, Il'ya Vital'evich Sergeev, Natalya Vladimirovna Lapenkova, and Yurii Aleksandrovich Krupnov. "Anti-Corruption and Illicit Enrichment as its Economic Manifestation." Вопросы безопасности, no. 4 (April 2022): 95–110. http://dx.doi.org/10.25136/2409-7543.2022.4.38714.
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Today, corruption, in accordance with the Economic Security Strategy of the Russian Federation for the period up to 2030, is considered as one of the key internal threats to the economic security of the country. However, practice shows that it not only destroys the mechanism of state administration from within, but is increasingly being used by the West to exert pressure and induce certain Russian officials who have illegal assets abroad to engage in illegal cooperation. In this regard, the creation and development of effective mechanisms to counter illegal enrichment of officials will help to undermine the economic foundations of corruption. The work uses dialectical and comparative legal methods, a systematic approach, tabular interpretation of empirical and factual information. The article explores the genesis of the legal institution of responsibility for illicit enrichment, foreign experience of its regulatory consolidation. Analyzed attempts to criminalize illicit enrichment in Russia. The positions of domestic scientists regarding the expediency of its criminalization at the present stage of development of the Russian legal system are considered. The authors' approach is proposed to fix in the criminal law of Russia responsibility for illegal enrichment of officials. The authors come to the conclusion that a characteristic feature and the ultimate goal of all corruption offenses is the focus on obtaining benefits (illicit enrichment). Illegal enrichment of officials is a serious threat to the economic security of the Russian Federation. In this regard, the criminal law of Russia should provide for liability for the acquisition by an official of the ownership or use of assets, the value of which significantly exceeds the legal income of this person and his wife (spouse), as well as for the acquisition of such assets in the interests of third parties.
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Yuryevich, Melnikov Victor, Seregin Andrei Victorovich, Akopov Leonid Vladimirovich, Skorik Elena Nikolaevna, and K. A. Dolgopolov. "Modern Criminal-Legal Problems of the Fight Against Corruption in Russia." Cuestiones Políticas 39, no. 70 (October 10, 2021): 586–97. http://dx.doi.org/10.46398/cuestpol.3970.34.
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The fight against corruption is one of the priorities of the State policy of the Russian Federation. There are reasons to note that it is advisable to analyze the regional details of law enforcement activities to counter corruption-related crimes through the legal and organizational ways of implementing the state's law enforcement function. In the article the main objective is to analyze criminal law issues related to the fight against systemic corruption in Russia. In the early 90s of the twentieth century, the country replaced communist ideology with market ideology. To fulfill the objective of the study, the dialectical method of cognition of social and legal phenomena and concepts is used in their development and interdependence. He concludes that human values and moral principles have changed. There have been discussions about systemic corruption in Russia for decades. Endless conversations about corruption have become a convenient screen not only for incompetent officials. Popular with the people, the "disembarkation" of high-ranking officials creates a semblance of "movement," although no real action is taken.
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Sharafutdinova, Gulnaz. "Informality and Corruption Perceptions in Russia’s Regions: Exploring the Effects of Gubernatorial Turnover in Patronal Regimes." Russian Politics 3, no. 2 (June 23, 2018): 216–38. http://dx.doi.org/10.1163/2451-8921-00302004.
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This study uses the 2011 BEEPS survey for the Russian Federation to study factors influencing corruption perceptions in Russian regions. Specifically, the analysis relies on Henry Hale’s theory of patronal presidentialism to explore the effects of the institutional environment and, particularly, of regional political uncertainty, on the perceptions of economic actors embedded in it. The analysis reveals that political instability – when measured by the recent political turnover in the region and the presence of regional inter-elite conflicts – works to increase corruption perceptions among economic actors. These findings support earlier literature on the importance of informal rules and ‘insider entrepreneurship’ in Russia.
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Vorontsov, Sergey A., Alexey Y. Mamychev, Alexander V. Ponedelkov, Veronika V. Kolesnik, and Natalia A. Boyko. "Fight corruption at the state and municipal levels in Russia." Linguistics and Culture Review 5, S3 (November 4, 2021): 1185–216. http://dx.doi.org/10.21744/lingcure.v5ns3.1672.
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The need to improve the efficiency of combating corruption presupposes an increase in the influence of ethical and moral norms on the observance of prohibitions, restrictions, and requirements established in order to counter corruption, as well as the development of additional mechanisms and tools for preventing corruption manifestations. Moreover, it is clearly not enough to legalize the norms of anti-corruption behaviour, through which law enforcement activities in this area could provide real results. Anti-corruption norms require not only legalization, but also legitimation, that is, recognition and support by citizens and society of this work as a whole. Only a combination of these two components can ensure an increase in the effectiveness of the prevention of corruption offenses in the Russian Federation. Legislative and law enforcement activities in the field of combating corruption systematically demonstrate not resistance, but a compromise, which negatively affects the authority of state bodies responsible for solving problems in the field of combating corruption, provokes legal nihilism among some citizens, disbelief in the goals and objectives declared by the anti-corruption policy.
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Grachev, Yuri, Alexander Nikishkin, and Elena Vetrova. "Anti-corruption measures in the Russian Federation at the present stage of development." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 4 (December 25, 2019): 99–106. http://dx.doi.org/10.35750/2071-8284-2019-4-99-106.
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This scientific article is prepared on the basis of normative legal acts, materials of investigative and judicial practice, it deals with the most pressing issues of combating corruption in modern Russia. A special place is given to the presentation of the existing problems of prevention, suppression and disclosure of crimes of corruption at the present stage of development of the Russian Federation. Scientific and practical interest is represented by the stated measures directed on effective counteraction to corruption manifestations, and also offers on their improvement taking into account the developed practice and positive experience of foreign countries. The article discusses and reveals the topical issues of promotion of anti-corruption behavior and anticorruption legal awareness in law schools and with the personnel of law enforcement agencies, in particular, improving the criteria for the selection of candidates for positions of employees. The expediency and applicability of the above measures not only to current and future law enforcement officers, but also to all civil servants and employees of other industries exposed to corruption risks and conflicts of interest are fully justified. The results of the application of anti-corruption measures with their proper use, as well as compliance with the principles of continuity and ubiquity of their implementation. It is indicated that the use of the above means, measures and principles of anti-corruption behavior of civil servants leads to a significant reduction in the number of corruption crimes in the internal Affairs bodies and complicates the further appearance of this type of criminal attacks of corruption orientation.
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Сапронова, Тамара Петровна. "ADDITIONAL LEGISLATIVE REGULATION ANTI-CORRUPTION POLICY IN RUSSIA." Вестник Тверского государственного университета. Серия: Право, no. 1(69) (March 22, 2022): 79–82. http://dx.doi.org/10.26456/vtpravo/2022.1.079.
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Рассматриваются вопросы дополнительного законодательного регулирования правовых механизмов борьбы с коррупцией. Предлагается рассмотреть вопрос о внесении изменений в Уголовный и Уголовно-процессуальный кодексы Российской Федерации в части назначения наказания за совершение преступлений коррупционной направленности, расширения компетенции суда присяжных, содержания понятия «конфискация имущества». The article discusses the issues of additional legislative regulation of legal mechanisms for combating corruption. It is proposed to consider the issue of amending the criminal and criminal procedure codes of the Russian Federation in terms of imposing punishment for committing corruption-related crimes, expanding the competence of the jury, and the content of the concept of «confiscation of property».
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Artemyev, Nikolay. "Directions of counteraction to shadow entrepreneurship and corruption in the framework of ensuring the economic security of Russia." Russian Journal of Management 8, no. 1 (May 22, 2020): 41–45. http://dx.doi.org/10.29039/2409-6024-2020-8-1-41-45.
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The article discusses the basics of anti-corruption process management in the framework of the Economic Security Strategy of the Russian Federation for the period until 2030. The dynamics of changes in the volume of shadow and corruption relations is analyzed. The directions of legalization of activity and anti-corruption are determined
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Dvoretskiy, Mikhail. "Crime prevention through criminal liability of legal entities: problems of theory and law enforcement practice." Current Issues of the State and Law, no. 14 (2020): 216–24. http://dx.doi.org/10.20310/2587-9340-2020-4-14-216-224.
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We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable ex-perts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations pro-viding for the introduction of criminal liability of legal entities in the legisla-tion of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the com-mission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.
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Baranov, Vladimir M. "Independent anti-corruption expertise in Russia: an unsuccessful experiment." Gosudarstvo i pravo, no. 1 (2022): 110. http://dx.doi.org/10.31857/s102694520018441-6.
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The mechanism for corruption counteraction has been formed in the Russian Federation in accordance with international standards. The authors of the article believe that for more than 10 years of monitoring the current practice of corruption counteraction, it is time to critically assess the effectiveness of both the entire mechanism and its individual measures. On the example of one of the measures to prevent (prevent) corruption – independent anti-corruption expertise – the authors, one of whom is an independent expert, put forward a hypothesis about its extremely low effectiveness (the number of experts is steadily decreasing; their activity, despite the made efforts, is low; the quality of expert opinions leaves much to be desired, etc.; the doctrinal interest in this topic is also decreasing) and they suggest to abandon it altogether. The capabilities of civil society institutions in corruption counteraction will not be limited, since the functions similar to independent anti-corruption expertise can be filled with the help of existing institutions of citizens’ appeals, regulatory impact assessment, law enforcement monitoring. There are a lot of critical studies on the topic of combating corruption, both in Russia and abroad, but the overwhelming number of experts suggests supplementing the “package” of anti-corruption measures, and the authors could not find any convincing proposals for rejecting any of the obviously ineffective measures as the independent anti-corruption expertise.
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Antonov, V. V., and N. G. Yakusheva. "ORIGIN AND FORMATION OF THE IDEA OF ADMINISTRATIVE JUSTICE. HISTORICAL ASPECT." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (December 3, 2021): 1041–46. http://dx.doi.org/10.35634/412-9593-2021-31-6-1041-1046.
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The reform of all branches of government in the Russian Federation is caused by the need to implement the idea of building a rule-of-law state and increase the effectiveness of the fight against corruption and arbitrariness of all branches of government. Improving the mechanism of functioning of the executive power both at the federal and regional levels, increasing the responsibility of officials for the decisions taken should have a legal basis. The article considers the historical aspect of the emergence and formation of the concept of “administrative justice”, “administrative courts”, “administrative proceedings”. The problem has a long history: starting with the emergence of the idea itself in France and Germany, continued by research in the field of administrative and legal science in Russia. The views of scientists on the problems of the formation and functioning of administrative justice in the Russian Federation at different historical stages of the development of society and depending on the political and state structure are given. The necessity of improving legislation in the light of the decisions taken related to the establishment of administrative justice in the Russian Federation, the adoption of the Code of Administrative Procedure of the Russian Federation is emphasized. The dynamics of the processes taking place in Russia related to the formation of administrative justice is investigated. The role of administrative justice and its influence on management processes in the state are considered. The authors noted the importance of administrative justice in the process of solving the problem of combating corruption by the state and society in all spheres of life of society and the state.
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Glukhova, A. A., and D. A. Shpilev. "Interaction of business with the divisions of the Agency for economic safety and corruption counteraction of the Russian Ministry of Internal Affairs (opinion of the small businesses of Nizhniy Novgorod region)." Russian Journal of Economics and Law 15, no. 4 (December 18, 2021): 765–87. http://dx.doi.org/10.21202/2782-2923.2021.4.765-787.
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Objective: based on a sociological research, to analyze, study and disclose the types, forms and quality of interaction between representatives of small and medium-sized businesses of the Nizhny Novgorod region with the economic security and anti- corruption units of the Ministry of Internal Affairs of Russia.Methods: general scientific (analysis, systemic-structural approach to the analysis of the research object, comparative legal method), as well as logical and specific scientific methods (survey – questioning of the business community of the Nizhny Novgorod region).Results: the methods and features of interaction between representatives of small and medium-sized businesses and departments of economic security and anti-corruption of the Ministry of Internal Affairs of Russia of the Nizhny Novgorod region in the course of entrepreneurial activity are identified and classified; the problems in the interaction of representatives of small and medium-sized businesses and departments of economic security and anti-corruption of the Ministry of Internal Affairs of Russia in the Nizhny Novgorod region are analyzed.Scientific novelty: based on the opinions of representatives of small and medium-sized businesses of the Nizhny Novgorod region, the article identifies and systematizes the main characteristics, including problematic ones, of the level and quality of interaction between representatives of small and medium-sized businesses with economic security and anti-corruption units of the Ministry of Internal Affairs of Russia. Based on the empirical research data obtained, the types and forms of interaction, ways of their implementation, and a mechanism for assessing the quality of interaction between representatives of small and medium-sized businesses of the Nizhny Novgorod region with economic security and anti-corruption units of the Ministry of Internal Affairs of Russia in the future are proposed. Among them, the obligation to voluntarily report cases of corruption and economic offenses; to support their employees who informed about the preparation or commission of an economic or corruption offense; to provide legal information to employees on the prevention of corruption and economic offenses; to assist authorized representatives of the units of the Ministry of Internal Affairs of the Russian Federation in conducting inspections of the organization’s activities; to support the identification and investigation of corruption, economic crimes and by the units of the Ministry of Internal Affairs of the Russian Federation and to involve specialists in the relevant field of law when preparing responses to requests from law enforcement agencies.Practical significance: the study results can be used to improve the quality of interaction between representatives of small and medium-sized businesses with the divisions of the Ministry of Internal Affairs of Russia, in particular, by entrepreneurs assuming public obligations to report cases of corruption and economic offenses to law enforcement agencies, which the organization (employees of the organization) became aware of, as well as the implementation of measures to support the employees who reported to law enforcement agencies about information that became known to them during the performance of their work duties about the preparation or commission of an economic or corruption offense.
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Руслан Мухарбекович, Дзидзоев. "A NEW LOOK AT SOME ACUTE ISSUES OF THE NATIONAL HISTORY OF THE STATE AND LAW (REVIEW OF A. M. TSALIEV'S MONOGRAPH "ABOUT STALIN, POWER, CORRUPTION, EXECUTION." VLADIKAVKAZ, 2021. 303 p.)." NORTH CAUCASUS LEGAL VESTNIK 1, no. 2 (June 29, 2022): 149–52. http://dx.doi.org/10.22394/2074-7306-2022-1-2-149-152.
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The presented material reviews the monograph of Doctor of Law, prof., Head of Department of Public Law and Authorities of the North Caucasus Mining and Metallurgical Institute, Honored Lawyer of the Russian Federation, member of the Presidium of the Council of Judges of the Russian Federation Tsaliev Alexander Mikhailovich " About Stalin, Power, Corruption, Execution," which since its release has become a bibliographic rarity, a kind of political bestseller due to unusual, but demanded scientific and journalistic topics. This book was the result of many years of reflection on the history, fates and future of Russia of a famous scientist-lawyer, public and political figure.
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Халиков, Аслям, and Aslyam Khalikov. "Structure of official venality in the Russian Federation." Advances in Law Studies 1, no. 3 (July 1, 2013): 180–84. http://dx.doi.org/10.12737/524.
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The article gives the notion of what should be referred to the corruption-related crimes involving officials according to the criminal legislation. Structural elements of official venality in Russia, including political, administrative, law-enforcement and economic aspects are described. At the same time a vertical line of official venality (superior federal, medium regional and interior local governing institutions) is shown.
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Markuntsov, Sergey, and Martin Paul Wassmer. "Characteristics of Crimes Against the Interests of Service in Commercial and Other Organisations in Russia and Germany." Russian Law Journal 8, no. 4 (November 24, 2020): 140–52. http://dx.doi.org/10.17589/2309-8678-2020-8-4-140-152.
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The comparative study focuses on corruption in commercial organisations, which has received considerable attention in both Russia and Germany in recent years. In both countries anti-corruption law has been harmonised by several international conventions to reflect the growing importance of world trade and increasing globalisation. The authors analyse the current criminal offences and the criminological characteristics in both countries. Whereas in Russia special criminal provisions were created under Chapter 23 (Articles 201, 202, 203, 204, 204.1 and 204.2 of the Criminal Code of the Russian Federation), in Germany the relevant corrupt conduct is covered by the traditional general criminal offence of embezzlement (§ 266 of the German Criminal Code (StGB)) and by newly created special corruption offences (§§ 299, 300 and 301 StGB). The authors show that in each of the two countries, Russia and Germany, corruption in commercial organisations is now considered a grave form of corruption, so that the international conventions are taken into account to some extent. In Germany, however, not only are the sanctions foreseen for corruption in commercial organisations considerably lower than those for corruption in the public sector, but the offences are only prosecuted on criminal complaint. In the practice of German criminal prosecution, these types of bribery offences have therefore so far had little significance. Nevertheless, a high number of undetected cases and large economic losses can be expected. Furthermore, the comparative legal study shows that there are not only considerable differences in the design of the criminal provisions as well as in the legal reality, but that there are also several common elements in Russia and Germany.
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Sivakov, Dmitriy, and Vyacheslav Sevalnev. "Corruption Risks in the Use and Protection of Water Bodies." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 234–42. http://dx.doi.org/10.17150/2500-4255.2019.13(2).234-242.
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Corruption in the sphere of the use and protection of water bodies in Russia aggravates environmental threats and undermines all legal regulations of water relations. It is quite often that street-level corruption transforms into business corruption in this sphere. The authors present a critical analysis of the legal regulation of water relations and court practice to identify corruption risks and manifestations. Using court practice and research results, they determine the «pressure points» of Russian water legislation regarding corruption risks and manifestations and present their suggestions on amending the drawbacks in current legislation to ensure the effective prevention and elimination of corruption in the use and protection of water bodies. Manifestations of corruption are supported by monopolies and legal nihilism. In this sphere, strict compliance with laws is, evidently, not enough to counteract corruption. It is necessary to develop water legislation and adjacent branches of law that reduce corruption risks and manifestations. The authors use methods of systemic analysis and modeling, as well as the universal scientific methods of induction, deduction, and abstraction. Their research touches upon such problems as corruption risks and manifestations at the contemporary stage of water legislation’s development; small water bodies and corruption; the agreement on the creation of artificial land plots within water bodies; groundwater resources and corruption risks; monopolies and corruption risks in water relations; public control in Russia in connection with corruption risks and manifestations. In conclusion the authors connect the goals and tasks of the progressive development of water law in the sphere of ensuring sustainable water use and counteracting corruption at the level of the Federation, its subjects, and municipalities.
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Zinyatova, M. N., and Ye A. Kleymenov. "Prospects of anti-corruption education of the population in the Far-East: sociological analysis." POWER AND ADMINISTRATION IN THE EAST OF RUSSIA 92, no. 3 (2020): 161–76. http://dx.doi.org/10.22394/1818-4049-2020-92-3-161-176.
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On the basis of quantitative and qualitative expert sociological surveys, the article presents a model of anti-corruption education in Russia. This model is formed by seven main elements: basis, principles, subjects, objects, methods and means, content of materials (semantic orientation), indicators of the effectiveness of anti-corruption education. Comparing the obtained sociological data characterizing these elements with the corresponding elements of the anti-corruption mechanism enshrined in the current regulatory legal acts of the Russian Federation, the authors identified a number of inconsistencies. They concern, first of all, the principles, subjects of implementation of anti-corruption education, as well as indicators for assessing its effectiveness. For example, experts suggest using non-statutory principles of financial support and standardization of materials presented in the framework of such education when conducting anti-corruption education. At the same time, for the optimization of management decisions in the field of anti-corruption education, scientific and practical interest and contradictions identified within the obtained sociological data are of interest. Such contradictions are most clearly traced in relation to the subjects and objects of anti-corruption education.
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Plotnikova, Tatyana, and Andrey Paramonov. "Specifics of some anti-corruption measures in Russia within the framework of public and state security." Current Issues of the State and Law, no. 16 (2020): 541–47. http://dx.doi.org/10.20310/2587-9340-2020-4-16-541-547.
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In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.
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Чупилкина, Айгуль Фаридовна, and Дина Халитовна Шабаева. "LEGAL CONSCIOUSNEESS OF CIVIL SOCIETY AS AN INTEGRAL PART OF THE ANTI-CORRUPTION MECHANISM." Vestnik Samarskogo iuridicheskogo instituta, no. 1(37) (June 17, 2020): 145–48. http://dx.doi.org/10.37523/sui.2020.37.1.021.
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Многие исследователи объясняют неэффективность современных антикоррупционных мер России сложившимися у российского народа историческими коррупционными традициями. Однако необходимо отметить, что стабильность существования и развития коррупции зависит еще и от иных факторов, одним из которых является несовершенство национальной антикоррупционной политики и практики борьбы с данным видом преступности. В настоящее время коррупция представляет собой глобальную проблему, препятствующую реализации социально-экономических и политических стратегий развития государства. Широкое распространение коррупционной преступности в России обуславливает интерес к вопросам, касающимся механизмов противодействия данному общественно опасному проявлению жизни социума. Авторы, ссылаясь на показатели анализа международного независимого исследования, отмечают неэффективность антикоррупционной политики в Российской Федерации. Подчеркивая особую значимость уровня гражданского правосознания и степени содействия гражданского общества правоохранительным органам в реализации механизмов противодействия коррупции, они предлагают некоторые пути их совершенствования. Так, по мнению авторов, урегулирование существующих практико-правовых вопросов, касающихся антикоррупционной борьбы, возможно посредством повышения общественной заинтересованности в исчезновении данного вида преступления. Corruption crime in Russia has far-reaching historical roots. For a long time, corruption relations and ties have been developing on the territory of our state. Many researchers explain the inefficiency of modern anti-corruption measures in Russia by the historical corruption traditions of the Russian people. However, it should be noted that the stability of the existence and development of corruption also depends on other factors, one of which is the imperfection of the national anti-corruption policy and practice of combating this type of crime. Currently, corruption is a global problem that hinders the implementation of socio-economic and political strategies for the development of the state. The wide spread of corruption crime in Russia causes interest in issues related to the mechanisms for countering this socially dangerous manifestation of social life. The authors, referring to the indicators of the analysis of an international independent study, argue about the inefficiency of anti-corruption policy in the Russian Federation. Noting the special importance of the level of civil law awareness and the degree of civil society's assistance to law enforcement agencies in implementing anti-corruption mechanisms, they suggest some ways to improve them. Thus, according to the authors, the settlement of existing practical and legal issues related to the anti-corruption struggle is possible by increasing public interest in the disappearance of this type of crime.
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Калач, Андрей Владимирович, Надежда Геннадьевна Кулакова, and Надежда Владимировна Романова. "CURRENT STATE OF THE COUNTERACTION OF CORRUPTION AND THE FIGHT AGAINST CORRUPTION PRACTICES IN THE RUSSIAN FEDERATION AND THEIR DISADVANTAGES COMPARED TO THE LEGISLATION OF FINLAND." Vestnik Samarskogo iuridicheskogo instituta, no. 1(37) (June 17, 2020): 53–58. http://dx.doi.org/10.37523/sui.2020.37.1.008.
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В статье подчеркнута негативная направленность коррупции как явления, указаны причины выбора Финляндии в качестве одного из объектов настоящего исследования, охарактеризованы противодействие коррупции и борьба с коррупционными проявлениями в Российской Федерации на современном этапе. Факторами, оказывающими значительное воздействие на развитие коррупции (и сопутствующих ей явлений и проявлений) в России, являются: 1) значительные масштабные размеры «теневой» экономики; 2) широко распространенная система «откатов», «отмывания «грязных денег»; 3) периодические экономические (финансовые) кризисы; 4) имущественное расслоение между «богатыми» и «бедными»; 5) несправедливое распределение материальных благ и ценностей; 6) несовершенство законодательства и многочисленные «пробелы» в нормативных и подзаконных правовых актах в сфере противодействия коррупции и борьбы с ней; 7) наличие чрезвычайно раздутого бюрократического аппарата и исключительно сложных бюрократических административных процедур; 8) правовой нигилизм и низкая правовая культура российского общества. Единый национальный координационный центр по противодействию коррупции в Российском государстве отсутствует. В качестве ключевых законодательных актов в сфере противодействия коррупции выступают: Антикоррупционная стратегия (Финляндия) и Национальный план (Российская Федерация). В законодательстве Российской Федерации, предусматривающем противодействие коррупции и борьбу с коррупционными проявлениями, имеются следующие системные и содержательные недостатки: а) органы государственной власти лишены большей части самостоятельности в разработке и принятии решений, направленных на снижение уровня и сведения к минимуму негативных последствий коррупции, поскольку согласно ч. 1 ст. 5 Закона № 273-ФЗ основные направления антикоррупционной политики определяет Президент РФ; б) отсутствует системная (фундаментальная) идеологическая установка, способная реально изменить морально-нравственный и политический климат в российском обществе; в) огромное количество законодательных пробелов и противоречий в правовом регулировании в сфере противодействия коррупции и борьбы с ней; г) «неработающие» нормы законодательных актов, которые предусматривают привлечение к реальной уголовной ответственности государственных чиновников (государственных служащих) высшего управленческого звена, а также облеченных властными полномочиями должностных лиц в системе органов государственной власти и управления входящих в состав Российской Федерации субъектов. Главной проблемой в борьбе с коррупцией, в том числе и на законодательном уровне, является слишком высокий уровень криминализации российской системы государственной власти. Само государство неспособно (или не желает) влиять на сложившееся в настоящее время в российском обществе терпимое («нейтральное») отношение к коррупции. Анализ положительного опыта Финляндии позволяет сформулировать выводы, которые Российской Федерации необходимо учесть в полномасштабном противодействии коррупции и разносторонней борьбе с коррупционными проявлениями. The article emphasizes the negative direction of corruption as a phenomenon, shows the reasons for choosing Finland as one of the objects of this study, describes the current state, the fight against corruption and the fight against corruption in the Russian Federation. Factors that have a significant impact on the development of corruption (and its attendant phenomena and manifestations) in Russia are: 1) the large-scale size of the «shadow» economy; 2) a widespread system of «kickbacks», «laundering dirty money»; 3) periodic economic (financial) crises; 4) property stratification between «rich» and «poor»; 5) the unfair distribution of wealth and values; 6) the imperfection of the legislation and the numerous «gaps2 in normative and sub-legislative legal acts in the field of combating corruption and combating it; 7) the presence of an extremely bloated bureaucratic apparatus and extremely complex bureaucratic administrative procedures; 8) legal nihilism and low legal culture of Russian society. There is no single national focal point for combating corruption in the Russian state. The key anti-corruption legislation is the Anti-Corruption Strategy (Finland) and the National Plan (Russian Federation). The legislation of the Russian Federation, which provides for the fight against corruption and the fight against corruption, has the following systemic and substantive shortcomings: a) state authorities are deprived of most of their independence in the development and adoption of decisions aimed at reducing the level and minimizing the negative consequences of corruption, since you have to look back at the President of the Russian Federation; b) there is no systematic (fundamental) ideological attitude capable of really changing the moral and political climate in Russian society; c) a huge number of legislative gaps and contradictions in the legal regulation in the field of combating corruption and combating it; d) «inoperative» norms of legislative acts that provide for the criminal prosecution of state officials (public servants) of senior management, as well as officials vested with authority in the system of state power and administration bodies of the constituent entities of the Russian Federation. The most important problem in the fight against corruption, including at the legislative level, is the too high level of criminalization of the Russian system of state power. The state itself is not able (or unwilling) to influence the tolerant («neutral») attitude to corruption that has developed in Russian society at present. An analysis of the positive experiences of Finland contributes to the formulation of final conclusions that the Russian Federation needs to take into account in the full-scale fight against corruption and a comprehensive struggle against corruption.
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Egoryshev, S. V., and E. A. Egorysheva. "Corruption: institutional features, social determinants and consequences." RUDN Journal of Sociology 21, no. 2 (December 15, 2021): 253–64. http://dx.doi.org/10.22363/2313-2272-2021-21-2-253-264.
Full textAbstract:
The article considers the nature, causes, determinants and consequences of corruption. As a form of social deviation of a delinquent nature and as a type of crime, corruption has a destructive effect on all spheres of social life, primarily on their management - by redistributing their resources and by replacing social values and goals with group and personal ones. Corruption affects not only states but also international affairs; therefore, we need active opposition to corruption from the world community: International Anti-Corruption Day was included in the calendars of 187 countries including Russia. According to the World Bank, the annual global amount of bribes is 1 trillion US dollars. For many countries, corruption has become a threat to national security, which makes them seek and use effective and often radical measures to counter corruption, and to conduct comprehensive studies of corruption as an objective and widespread social phenomenon. The authors consider corruption on the basis of an interdisciplinary methodology with an emphasis on institutional and structural-functional approaches, which allowed to identify institutional features of corruption, its structure, functions and social consequences, and to assess the efficiency of anti-corruption measures. The article is based on the statistical data on the dynamics of corruption in Russia and the Republic of Bashkortostan in 2012-2020, and on the results of the sociological survey conducted by the Institute for Strategic Studies of the Republic of Bashkortostan in 2020 according to the methodology for assessing corruption described in the Decree of the Government of the Russian Federation. The survey focused on the problems in the interaction of citizens and employees of state and municipal authorities (everyday corruption), and in the interaction of authorities and business (business corruption) (the corresponding samples were 814 and 300 people). The study of everyday corruption was conducted by individual formalized interviews, of business corruption - by the online survey on the Google Forms.
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Kondrashev, A. A. "Removal of the Governor by the President of the Russian Federation due to the Loss of Trust for Corruption and Improper Performance of Duties : Problems of Theory and Implementation." Lex Russica 73, no. 3 (March 28, 2020): 20–32. http://dx.doi.org/10.17803/1729-5920.2020.160.3.020-032.
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The paper has examined the federal legislation, as well as law enforcement related to such a measure of constitutional and legal responsibility of the head of the constituent entity of the Russian Federation as removal from the position of the governor by the President of the Russian Federation due to loss of trust. The paper analyzes the evolution of legal consolidation and application of this constitutional and legal sanction for the period from 2005, the bases and mechanism of its implementation, as well as a number of problems related to the practice of its application in Russia. The author has identified gaps and conflicts (contradiction of the grounds of this constitutional sanction to the main and basic legal principles of direct democracy and presumption of innocence), has analyzed “uncertainty” (revealed the legal fictiousness of the grounds for the loss of trust) and “amorphousness” of its application (inconsistency of the procedure of prosecution with the principles of federalism, norms of criminal procedure legislation and internal conflict of norms of law, i.e. “corruptional” grounds of the loss of trust). The author suggests a different model of application of such a sanction as removal from the position of the head of the constituent entity. Thus, he suggests that deprivation of the President of the right to remove the governor of the constituent entity due to the loss of trust for corruption contradicts the foundations of the federal system and the legal nature of the institute of higher official of a constituent entity. It is proposed to assign the right to apply this sanction to the highest representative (legislative) body of the constituent entity of the Federation, permitting the President of Russia to remove the senior officer for promulgation of legal acts that do not comply with the Constitution and federal laws (confirmed by a court decision) and failure to comply with the decisions of the Constitutional Court of the Russian Federation.
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Praskova, S. V. "The powers of the public prosecutor to make persons holding elective posts in the municipal authorities responsible for corruption delicts. Part 1." Siberian Law Herald 2022.1 (2022): 29–36. http://dx.doi.org/10.26516/2071-8136.2022.1.29.
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This article begins the research dedicated to the powers of the public prosecutor’s office in the Russian Federation implemented within the legal mechanism of early termination of the powers of persons holding elective posts in the municipal authorities due to their corruption delicts. It is noted that a new anti-corruption legislation is forming in Russia. It regulates delicts which include those not considered as crimes or administrative offences. These delicts comprise violations of the restrictions or prohibitions, non-fulfulment of the obligations inherent to the status of the public persons and set to counteract the corruption. The author underlines the novelty of this kind of delict and its unsatisfactory regulation, and proposes to use a term “corruption status offence” to denote it. To ground the problem to determine the powers of the public prosecutor in the field, the properties of the corruption status offences are shown. For the persons holding elective posts in the municipal authorities the above delicts may not be considered as a traditional kind of offences, including disciplinary offences. The delict does not often manifest any committed corruption actions. Nevertheless the legislation provides only a single penalty - the early termination of the powers. The disparity of the offence gravity and the penalty reduces the effectiveness of the legal institution to prevent corruption. The absence of the procedure to make answer for a corruption status offence, fragmented and separate regulation of the procedure, and an aggregative nature of the term “persons holding elective post in the municipal authorities” which entails additional difficulties are noted. Proceeding to the results of the research, the author states that although the very procedure of the early termination of the powers of a person holding an elective post in a municipal authority is regulated by the local rules, the powers of the public prosecutor in the field are determined by federal laws and ordinances of the Prosecutor General of the Russian Federation.
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Yurevich Epihin, Alexander, Oleg Aleksandrovich Zaitsev, Ekaterina Pavlovna Grishina, Andrey Viktorovich Mishin, and Gulnar Isaevna Aliyeva. "ANTI-CORRUPTION THE CRIMINAL PROCEDURE LEGISLATION OF RUSSIA." Humanities & Social Sciences Reviews 7, no. 5 (October 19, 2019): 646–49. http://dx.doi.org/10.18510/hssr.2019.7574.
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Purpose: In article current trends of application of the criminal procedure legislation of the Russian Federation in compliance with the purpose of criminal legal proceedings and in the context of counteraction corruption and prevention of abuse of the law of the officials who are carrying out criminal prosecution and judicial review and permission of criminal cases are stated.
Methodology: In the course of the research of problematic issues and statements of the material of the article the dialectic, comparative and legal, law modeling, logical, inductive and deductive methods were used.
Result: As shows investigative and judicial practicians there are enough the facts of unreasonable initiation of legal proceedings concerning businessmen, with an application of measures of criminal procedure coercion (arrest on the property, blocking of bank accounts and so forth) which result is crash of firm. Change of territorial jurisdiction of consideration of the case of another region by the court is directed to the elimination of a possibility of rendering an impact on objectivity of adjudication. Casual distribution of participation of the lawyer in a criminal case to a destination (when he has to be present surely for protection of the defendant) promotes impartiality of realization of the function of protection in pre-judicial production. The intention of the legislator to enter the obligatory video protocol of court session is directed to a performance by all participants of the process of legal instructions and duties will eliminate possible manifestations of corruption character by officials.
Applications: This research can be used for universities, teachers, and students.
Novelty/Originality: In this research, the model of Anti-Corruption The Criminal Procedure Legislation of Russia is presented in a comprehensive and complete manner.
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BARTSITS, IGOR. "Evolution of public administration in the post-Soviet countries. Russian Federation – Russia." Public Administration 24, no. 5 (2022): 67–118. http://dx.doi.org/10.22394/2070-8378-2022-24-5-67-118.
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The article studies the formation of state-building in modern Russia during the period from the destruction of the USSR to the present day. The author emphasizes that the Russian state is one of the oldest in the world with a historically established system ofstate administration. At the same time, Russian democracy is one of the youngest on the European continent; from this point, it is concluded that reforming process in Russia should be carried out evolutionarily, taking into account domestic and best international experience. The analysis shows that during this period changes have taken place not only in the goals and objectives, as well in the main activities covering various issues of the system of state and municipal administration but also in conceptual approaches to its development. Having studied and applied advanced world experience, the government institutions in the Russian Federation have acquired many features connected to the history of the country and its federal structure. The author studies the history of the formation and stages of changes in the regulatory legal framework, which ensures the operation of the entire system of public administration in Russia. In a formal and legal aspect, the President of the Russian Federation does not belong to any branch of government power but has a significant amount of authority concerning each of them; that is why a specific role in the management process is assigned to him. In the Russian Federation, a system of state and municipal service has been formed, with particular attention paid to training and retraining of professional personnel, combating corruption, and encouraging decent (ethical) behavior of civil servants. It is emphasized that the goals of the administrative reform are aimed to improve the quality and accessibility of public services, to limit government intervention in the economy, to increase the efficiency of the executive authorities; the reform will continue despite the new challenges that the state may face. The conclusion states that in some areas, the reforms have led to essential changes in public administration and an improvement in the quality of life of the population; administrative reform is viewed as an objective need to bring the system of state and municipal administration in line with the constitutionally enshrined principles of the country’s development.