Legal mechanisms for combating corruption
By orruptsiey called unlawful use of an official of official powers and rights given to him to extract own benefit. Today, this problem in Russia is more urgent than ever, since corruption has penetrated into all spheres of public life. Corruption offenses negatively affect the development of the economy, the state of the educational system and healthcare, and the work of national security agencies. To combat corruption, it is necessary to eliminate the factors that create uncertainty in the interpretation of regulatory legal acts.
Factors contributing to the commission of corrupt acts
The occurrence of corruption violations is facilitated by such factors as:
- delaying decision-making in government bodies, as well as unlawful lengthening of the deadlines for their execution. This contributes to the formation of queues for services, and pushes people to look for workarounds to solve their problems;
- excessive control over the coverage of public events in the media;
- counteraction to the work of public organizations seeking to expose the illegal actions of senior officials and detect administrative and legal violations;
- ignorance of citizens in legal matters.
Corruption is subdivided into the highest, grassroots and special. The highest is associated with the adoption of laws in government bodies (government, court). Grassroots are observed in local self-government bodies (imposition of unfair fines, illegal issuance of registration documents). A special one is the illegal use of material resources of non-profit organizations for personal gain (for example, issuing loans for non-existent projects).
The forms of corruption are:
- bribery (extortion and bribe-giving), in particular, making illegal decisions in court for a certain bribe;
- misappropriation of property, waste of other people's money;
- fraud (misleading, breach of trust);
- arbitrariness on the part of legal entities and individuals, on whom the decision-making depends;
- illegal receipt of benefits, benefits and other benefits;
- nepotism and favoritism, that is, the provision of positions and rights to pets who do not have proper education and abilities;
- registration for work of "necessary" people under patronage.
Corrupt actions are subdivided into criminally punishable offenses, civil violations, disciplinary offenses, violations in the commercial sphere. The latter include neglect of obligations to keep confidential information secret, issuing it to third parties for material reward.
State Acts Concerning Methods for Eliminating Corruption Offenses
When developing mechanisms to combat corruption offenses, the diversity of its forms and manifestations in the legislative and executive authorities is taken into account.
The documents related to legal regulation include:
- National Anti-Corruption Plan;
- Federal laws "On anti-corruption expertise of regulatory legal acts" and "On combating corruption";
- National Security Strategy;
- The concept of long-term socio-economic development of the Russian Federation for the period up to 2020.
Anti-corruption measures
Anti-corruption measures are legal and organizational measures aimed at eliminating the causes of corruption violations and the factors contributing to their occurrence.
Measures to prevent corruption can be divided into four main groups:
1. Integration and cooperation - improving the awareness of the population about the violations taking place, increasing its literacy in matters of legislation, covering facts of corruption in the press. It is necessary to ensure the possibility of independent investigative journalism, combined with the strengthening of criminal justice. A clear system of ethical norms and rules of social behavior should be developed.
2. Transparency and accountability - putting things in order in government bodies, in the private economy. An important role is played by the development of rules for financing public organizations that have access to solving issues of state importance. It is necessary to take measures to resolve conflicts of interest. In this case, a situation arises in which there is a contradiction between the public duty of a leading person and his personal interest. Example: The head of an enterprise must reduce the number of employees, but at the same time his closest relative remains unemployed. The leader has to make serious choices.
3. Reducing the risks and opportunities for the emergence of corruption - elimination of factors pushing the violation of the law.
The measures in force include:
- declaration of income of government officials and politicians;
- development of rules for the implementation and documentation of national procurement;
- change of officials and fight against fraud in individual companies and socially important organizations. The risk of corruption is especially high in law enforcement agencies, courts, customs services, and authorities in charge of issuing licenses and patents.
4. Control. Anti-corruption is impossible without taking into account the spending of public funds, including those going to finance large-scale projects. Measures are being taken to identify dubious financial transactions, to combat tax evasion. Audit control and systematic analysis of corruption risks are carried out. Control is carried out both by internal services and by state and municipal bodies (prosecutorial, banking, insurance supervision, etc.).
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Countering corruption offenses requires the adoption of legislative and administrative measures to create intolerance in the society towards illegal acts. It is required to carry out an examination of state legislative documents, to eliminate uncertainty in the wording that makes it possible to freely interpret them. An important role is played by the development of a unified anti-corruption legislation and the establishment of administrative and legal norms for combating corruption violations.
04/16/2020
