Illegal Enrichment As An Instrument In The Fight Against Corruption

Abstract

Corruption in its various manifestations has always been and remains a phenomenon that causes discomfort and anxiety to the broad sections of society, causes indignation, insecurity and injustice among citizens, which creates lawlessness and permissiveness, devaluing both the complex of individual rights and dignified life, as well as discrediting the state, creating a threat to the foundations of statehood. As a result of the change in the socio-political situation in our country in recent years, the fight against corruption, due to the unprecedented political will to fight corruption, has gained new momentum and content. Accordingly, the prevention of corruption and the fight against it in the Republic of Armenia have been declared as priorities of strategic importance. In such circumstances, it is important to introduce new internationally accepted tools for fighting corruption and their continuous improvement, aimed at combating corruption both in the civil, administrative and criminal spheres. In this context, the analysis of the crime of illegal enrichment is more than important, considering its new and still insufficiently studied nature for our legal system. In the article, an attempt was made to justify the need to fight against illegal enrichment with criminal legal measures in the context of the perception of corruption in RA, its level and prevalence, the international obligations assumed by RA, international best practices, the possibility and effectiveness of fighting against illegal enrichment in RA with other, non-criminal legal means. Accordingly, the article refers to the need for criminalization of illegal enrichment in RA, presents the main arguments for and against the criminalization of illegal enrichment, as well as conclusions regarding the justification of criminalization of illegal enrichment in RA.