Corruption offenses are becoming more common. Today corruption is already a traditional type of crime worldwide. And the spread of corruption is the main reason for the decline in the economy of an individual organization and the system of public administration, the failure of reforms and a decline in the consciousness of citizens.
Corruption is a complex phenomenon that affects the entire society, therefore it is incorrect to limit oneself to one definition of the concept. But most often corruption is explained as the use by an official of his own powers and rights to obtain illegal material gain. For which the law provides for administrative or criminal liability.
Types of corruption
Depending on the field of activity, the following types of corruption are distinguished:
- abuse of power by government officials;
- selfish use of official rights by employees of organizations;
- legislative (parliamentary) corruption.
Corruption of civil servants
Civil servants abuse their powers, using the right to dispose of state resources and the ability to make decisions at the state level. Such decisions are not always made in the interests of the country and citizens: often officials act for the purpose of personal enrichment.
Depending on the position of an employee in a state organization, there are higher and lower types of corruption. In the first case, officials of the “highest echelon” are responsible for corruption: they make “expensive” decisions - laws, government orders, change of ownership. And in the second, there are middle and lower-level civil servants who interact with citizens on a daily basis: they issue fines or registrations.
Within the framework of one state organization, the direct bribe-taker and his boss may be involved in “vertical” corruption. Usually the latter covers the criminal for personal reward. Such a scheme links the corrupt officials of the “upper” and “lower” echelons. This type of corruption is the most dangerous, because it means the transition of isolated acts of corruption into an organized form.
Corruption in organizations
Employees of a commercial or public organization also have power resources. Abuse of official authority provides an opportunity to gain personal gain, violating the interests of your organization.
A vivid example of corruption is loan agreements for project implementation, drawn up for a bribe in small commercial banks. The only purpose of these deals is to get money.
Parliamentary corruption
A kind of parliamentary corruption is vote-buying during the election campaign. In such a situation, the voter is the bearer of "powers of authority". And he delegates his rights to the elect through voting. According to the law, the voter decides to transfer his power to a worthy candidate who will honestly represent his interests.
When a voter is bribed, an unauthorized agreement is drawn up between him and the candidate. In accordance with a corrupt deal, the voter, contrary to the constitutional norm, receives a monetary reward, and the candidate, bypassing the legislation, acquires power. This is the most frequent manifestation of political (parliamentary) corruption.
When corruption is good
Some sociologists consider manifestations of corruption to be an integral part of the development of states with unstable economies. They argue that this type of fraud not only does not harm, but also stimulates the development of the market. In their opinion, corruption schemes compensate for gaps in legislation and public administration due to:
- unprofessional performance of their powers by officials of all ranks;
- lack of initiative of civil servants;
- the lack of effective mechanisms for the implementation of legislative norms that allow officials to independently interpret them;
- a low level of legal awareness and economic literacy of citizens, who find it easier to bribe employees, and not to study the intricacies of the implementation of bureaucratic procedures.
They provoke corruption and high tax rates, which bribes can get rid of for commercial organizations. Corruption schemes are especially popular in new organizations at the stage of formation.
But even corruption-minded researchers acknowledge its short-term effects. Corruption damages the long-term prospects for the development of the economy, society and the state, since commercial organizations remain defenseless against the lawlessness of unscrupulous civil servants. And the most effective ways of protection are to reduce tax rates, increase the pay of civil servants, eliminate direct contact between officials and taxpayer organizations and limit arbitrary decisions, etc.
Fight against bribes
The scope of anti-corruption measures today is impressive. Especially in comparison with the anti-corruption struggle ten years ago, when such an influence on private organizations was impossible.
Ten years ago, the very word “corruption” was banned in the World Bank. And now this organization is the leader of the global anti-corruption struggle.
Another founder of the anti-corruption movement is the World Organization for Economic Cooperation and Development. It was she who initiated the adoption in 1999 of the Convention on the Fight against Bribes to Officials of Certain Countries during the Conclusion of International Business Agreements.
This Convention gives a clear definition of corruption and bribery, regulates the rules for the implementation of anti-corruption legislative norms, and establishes mechanisms for international legal assistance.
The third organization that develops international anti-corruption standards is Transparency International. It is a non-profit non-governmental organization that unites 80 states. Its branches are open all over the world.
Organization of preventive anti-corruption measures
To ensure the smooth operation of organizations - institutions of different forms of ownership - it is necessary to develop and implement the rules and measures to combat corruption:
- anti-corruption policy;
- the procedure for identifying and registering the facts of corruption and its provocation;
- a comprehensive plan of measures to combat corruption in the organization for the year.
Sample Anti-Corruption Plan and how to write it
The anti-corruption action plan is approved by the head of the organization by drawing up an order. The original of the Plan is filed together with the order of the director of the organization. Changes can be made after its approval by issuing a new order "On amendments". An Anti-Corruption Plan for 1-3 years is being drawn up.
After the approval of the name of the document and the main graphs, a table is drawn up containing five columns:
- event number;
- name of measures;
- deadlines;
- the employee responsible for implementation;
- note (note on the fulfillment of the plan item).
The following are listed as anti-corruption measures:
- formation of legal awareness among employees of the organization and a negative attitude towards corruption;
- informing all employees of the organization of the facts of committing corruption acts;
- creating a negative attitude among the employees of the organization towards accepting gifts for the performance of their official functions;
- intensification of work on the part of employees of the organization to prevent behavior that may be perceived by clients as provocation, coercion or a promise to give a bribe;
- obligatory official investigations on allegations of provocation of the organization's employees to receive bribes or commit other corrupt acts;
- transfer of materials of internal verification to law enforcement agencies or the prosecutor's office;
- creation and activation of the work of a "hot line" for the filing of applications by citizens on the facts of corruption by employees of the organization;
- monitoring applications from citizens or companies about the facts of provocation or receiving bribes by employees of a state (municipal) organization or the lack of results of consideration of such applications;
- creation of optimal conditions for the provision of services to the organization's clients - the “one-stop shop” principle;
- professional development of employees of the organization, conducting personal consultations, participation of employees in seminars, training in the organization itself or with the participation of invited specialists;
- explaining to new employees the anti-corruption laws and local regulations of the organization;
- monitoring and analysis of the implementation of internal procedures;
- monitoring accounting information of the organization and checking the accuracy of documentation;
- cooperation with law enforcement agencies, prosecutor's office, other state and budget organizations;
- obtaining and summarizing information from the media regarding the factors of corruption acts;
- formation and transmission of a report to a higher state or budgetary organization on the detection of corruption facts committed by employees of the organization, as well as on the measures taken to eliminate them;
- periodically summarizing and sending in the form of a report to a higher organization of information on the work done to combat corruption, analysis of its effectiveness and proposals for improvement;
- monitoring of the anti-corruption policy carried out in the organization and its revision (in case of insufficient efficiency).
At the end of the document, the position and name of the employee responsible for combating corruption are indicated.
14.12.2020
