Corruption Counteraction Research Articles

Стратегическая трансформация законодательства в сфере противодействия коррупции в Китае

Currently China is at the most important since the beginning of the modernization transformation of turning point, and there are a lot of opportunities in anti-corruption. Now China holds a strategic transformation of the state anti-corruption legislation; carries out a scientific assessment of the possibilities of anti-corruption legislation, creates the concept of active fight against corruption. The main feature of this concept is the control over the exercise of power; and it has to occupy the main place in the state system of counteraction of corruption. The dualistic regulatory system and the mechanism of interaction of state law and party rules are creating now in the country, and soon the fundamental law on anti-corruption will be adopted. Also, the existing system is improving step by step — from the formal to the real anti-corruption as the primary function of the anti-corruption legislation in order to overcome the modern crisis of corruption with Chinese characteristics.

Criminal-Legal and Criminological Features of the Prevention of Corruption Crime in the Republic of China in the middle of the second decade of the XXI century

Subject of study are the legal and organizational basis of counteraction of corruption crime in the Republic of China and measures for its counteraction. In the process of working on a publication the author uses a set of such General scientific research methods as comparison, analysis, synthesis, and formal-logical, comparative-legal and other methods including: statistical and historical methods. The author attempts to describe the complex of problems of both theoretical and applied nature, related to the functioning and improvement of anti-corruption crime in China. They conducted the analysis of the legal framework, the characteristics of the legal techniques relating to the criminal prohibitions of corruption and number of organizational measures aimed at preventing crimes of corruption. In the process of the study addressed the provisions of existing acts of law-making in the field of combating corruption: the Constitution of the PRC, the criminal code of the PRC, laws and regulations, party and departmental documents. The author comes to the conclusion that criminal and disciplinary sanctions are the most commonly used measures in the fight against corruption worldwide and this feature is most clearly evident in China, where such repressive mechanisms represent the main levers of the fight against the considered phenomenon. The necessity of studying the legislative experience of China in the sphere of counteraction of corruption for its application by the Russian legislator, taking into account national specifics of the domestic legal culture and legal practice. Scientific novelty of research is defined by the system analysis of complex counteraction of corruption crime in China. The practical significance of the work lies in the fact that the mastery of the positive and negative sides of the experience of combating corruption crime in China can be used in the preparation of information and analytical materials, practical issues, building the system of organizational and managerial work in fighting corruption. Keywords: People’s Republic of China, the merging of crime and power, industrial growth, anti-corruption activities, punishment for corruption, ethical norms, criminal law, legal techniques, crime prevention.

Актуальные вопросы оценки эффективности подразделений по противодействию коррупции таможенных органов России

Актуальные вопросы оценки эффективности подразделений по противодействию коррупции таможенных органов России

ОРГАНІЗАЦІЙНО-ЕКОНОМІЧНИЙ АСПЕКТ ВИКОРИСТАННЯ ДОСВІДУ СТВОРЕННЯ ТА ДІЯЛЬНОСТІ АНТИКОРУПЦІЙНИХ СТРУКТУР КРАЇН ЄС В РОБОТІ ЩОДО ЗАПОБІГАННЯ ТА ПРОТИДІЇ КОРУПЦІЇ В УКРАЇНІ

The article considers the European experience of creation department to prevent and combat corruption with the aim of developing the basic directions of improvement of the activities of anti-corruption agencies in Ukraine. Based on the analysis of the main legal acts of international and national law, the experience of the European States argued made provisions for the priority ways of improving current legislation in the sphere of prevention and counteraction of corruption in our country. It is concluded that the European experience of anti-corruption and anti-corruption legislation aimed to use the whole arsenal of means of struggle. Special attention in European countries on the use of preventive tools, they are treated as the priority that it is important to use in organizing activities to combat corruption in Ukraine.

On Strengthening the Repressive Potential of Criminal -Law Counteraction of Corruption

On Strengthening the Repressive Potential of Criminal -Law Counteraction of Corruption

Полифакторный индекс коррупции в регионах РФ: методика оценки

Objective: to summarize criminological, social and economic indicators of development of the Russian Federation subjects; to identify and assess the hidden system dependencies between social indicators and levels of corruption; to define the links between individual indicators and to develop the methodology of anti-corruption ranking of the regions.Methods: comparison, analysis, synthesis, mathematical modeling, correlation comparisons and extrapolation.Results: in the work the author describes the methodology of the complex analysis of corruption in the Russian Federation subjects and elaboratesforecasts for its development short term and medium term.Scientific novelty: for the first time in domestic criminology, the algorithm is proposed of studying and forecasting regional corruption on the basis of polyfactorial analysis of criminological, social and political indicators. For profound and comprehensive study of the regional aspects of corruption, a model was developed to monitor and forecast on the basis of measuring the polyfactorial corruption index (PCI). PCI consists of two groups of parameters: corruption potential of the region of the country (CPR) and corruption risk in the region (CRR).Practical significance: the research results can be used in the process of developing regional strategies of corruption counteraction, as well as in adjustment of the existing methods of corruption prevention.

Правовые проблемы квалификации преступлений коррупционной направленности

The main goal of criminal legal science is determination of correlation between action and characteristics of corpus delicti which is constituted by criminal legislation. Only correct classification of crimes can guarantee justice preserved by law. The criminal legal assessment of corruption crimes is a separate problem of classification. Classification of such crimes is difficult in current activity of lawenforcement authorities and courts because of the conflict of law, redundancy of estimation definitions, etc. Besides the problem of counteraction of corruption was formulated as the main challenge of state. In the article are analyzed the legislation and law-enforcement practice. The conclusion contains recommendations which can lower the amount of mistakes in corruption crimes classification.

THE MAIN DIRECTIONS OF REALIZATION OF ANTI-CORRUPTION POLICY IN THE TYUMEN REGION

In article the corruption counteraction problem is investigated, results of anti-corruption activity of public authorities of the Tyumen region for 2013-2015 are presented. As a result of activization of this work in general on a third the number of the criminal cases of a corruption orientation directed to court has increased. Among corruption crimes violations of the law about the public and municipal service, including, providing false information on the income and property, rejection of measures to a settlement of conflicting interests prevail. The held events in this sphere, and also the new directions of realization of anti-corruption policy in the region are considered.

The formation basics of the national anti-corruption strategy in the context of the political transformations in Ukraine

The article is devoted to the analysis of the current state to prevent corruption in Ukraine. Through the use of modern scientific methods, suggested new approach-es to the study of corruption as a negative factor in the process of reforming public administration. Identified the problematic issues of formation of legal mechanism for combating corruption. Based on the analysis of publications of domestic scien-tists, the modern problems of theoretical and practical content of counteraction of corruption. Given the direction of the implementation of the state anti-corruption policy in the context of the demands of the international community. Special atten-tion is paid to the formation of rational mechanism of fighting corruption in govern-ment. Went to his place the social dimensions of corruption counteraction in the direction of public dialogue and interaction between government, business and society.The issues of formation of national anti-corruption strategy In the article are inves-tigated. A comprehensive review of theoretical and practical problems of forming anti-corruption policy of the government as an element of public administration is implement-ed. The role of regulation as part of anti-corruption policy is shown. Clarified anti-social and anti-state nature and content of corruption through constitutional and legislative justification of the importance of prevention and counteraction of corruption in bodies of power. This article analyzes the conditions of forming anti-corruption legislation of Ukraine and suggests directions for the introduction of positive foreign experience of formation of anti-corruption policy. Identify practical recommendations on key ways to improve state anti-corruption policy.

Institute of confidential cooperation in the USA: organizational and juridical aspect

One of the most efficient measures of crime counteraction is timely reporting law enforcement agencies during which a special role is dedicated to persons (informants). They provide assistance to authorized subjects in the sphere of corruption counteraction by giving operative significant information.Thus the article is aimed at the analysis of law enforcement bodies and special services of the USA experience concerning work with confidential sources.The latest tendencies of the US police activities are concentrated on the attraction of citizens to cooperation with police. Such cooperation is efficient in prevention of most hard crimes due to informants' assistance, i.e. people who display desire to cooperate with police.Scientists D. Sunshine and T. Tyler consider that the nature of relations between police and publicity has a great influence on the efficiency of crime counteraction, local citizens' welfare. The authors draw attention to the importance of establishing benevolent relations between police and local population.The given article also reveals the USA law enforcement agencies experience of institute of confidential cooperation using. Using of operative sources of information remains the most efficient tools for detection, suspension, disclosure and investigation of crimes in the whole world.With the aim of achievement of accuracy in terminology it is conducted the identification of different kinds of informants depending on their role and law enforcement institution they collaborate with.Conclusions. Actions in favor of society are a important element of informationship as social institute. The results of conducted analysis testify that the modern understanding of institute of confidential cooperation in the USA is grounded on the following principles:- the object of message is information about any abuses, violations, immoral behavior that may cause significant violations of rights and duties of citizens, damage to society or separate citizens and other public interests;- the motive of moral informant is the protection of public interests durante absentia personal direct interest in the results of investigation of the claim he has made;- informant has to be sure in the truthfulness of information he provides;- the sphere of informationship activity has to be as public as private sphere if its activity can influence the rights and duties of citizens and public interests.Thus the promising trend of further scientific researches has to be analysis of experience of the given problem solving in the other leading countries of international community with the aim of its consideration in domestic practice.

Психологическая компонента в решении проблемы противодействия коррупции

Психологическая компонента в решении проблемы противодействия коррупции

Anti-corruption legal consciousness in the formulation and implementation of anti-corruption policy of the Russian Federation

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.

Правовые аспекты противодействия коррупции в России: трансфер и традиция

Правовые аспекты противодействия коррупции в России: трансфер и традиция

Противодействие коррупции в системе государственной гражданской службы в современной России

In article the author considers problems of implementation of counteraction of corruption in system of the public civil service in modern Russian society. The main directions of the Russian anti-corruption policy in public authorities are analyzed and estimated. Effective mechanisms according to the prevention and counteraction of corruption in system of the public civil service are revealed. The author made an attempt of updating of increase of efficiency of measures for fight against corruption on the public civil service in modern Russia.

Административная ответственность за незаконное вознаграждение от имени юридического лица

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

Corruption counteraction by the civil society: comparative analysis of the experience of Romania, Hungary, and Poland

The article examines the evolution of the civil society in Romania, Hungary, and Poland. A projection is made on one of the spheres of the “third sector” activity – prevention of corruption in politics and other spheres. The author analyzes the experience of the civil society of each of the countries regarding the supervision of policy makers in terms of their compliance with the requirements of transparent activity, prevention of conflicts of interest, and prevention of different manifestations of informal institutionalization. The study focuses on the peculiarities of the forms of corruption counteraction by the civil society in Romania, Hungary, and Poland, and identifies the obstacles that hinder the anticorruption activity of the civil society actors.

Political corruption in Ukraine: main manifestation and counteraction method

The article considers the features of political corruption manifestation in Ukraine. It deter- mines the main methods of counteracting it and indicates the main directions of corruption counteraction in the politics of modern Ukraine, emphasizes the importance of introducing state financing of political parties and accentuates the necessity of implementation of proportional electoral system with open lists. The author emphasizes the expediency of cancellation (restriction) of political advertisement on television. Attention is paid to the role of state and independent public control over the transparency of political parties’ financial activities and over other spheres in which political corruption manifests itself. The necessity of creating a specialized anti-corruption court is emphasized.

Особенности правового обеспечения в сфере предпринимательства и противодействия коррупции: сравнительно- правовое исследование

Abstracts: The article analyses the regulatory and legal framework for busi-ness regulation and the counteraction of corruption in certain countries (Fin-land and Singapore) that have low corruption levels according to the world-wide corrupt practices rating . We reveal a relationship between corruption level and the conditions for entrepreneurial business . Recommendations are given on how to reduce the level of corruption and to improve the economic climate in the Russian Federation .Keywords: corruption, entrepreneurial business, legislation of foreign coun-tries, Finland, Singapore, Russia T he author selected as subjects for research the two countries that, for the last five years, have been ranked highest by Transparency International, the non-governmental interna-tional agency . This agency was organized to fight corruption and to research corruption levels in states all over the world . Their rank-ings are based on the framework of the corruption perception index (CPI) and reflect a state's annual score for how its corruption is per-ceived by analysts and entrepreneurs .

ANTI-CORRUPTION POLICY AND LEGAL REGULATIONS FOR COUNTERACTING CORRUPTION IN GEORGIA

summary. The paper looks at the anti-corruption reforms in Georgia, reveals the legal framework for the counteraction of corruption in the country, gives an assessment of the reforms being implemented and their conformity with international rules and principles, and performs an analysis of the measures that are aimed at optimising the anti-corruption mechanism in the context of a particular state. Keywords: corruption, Georgia, legislation, anti-corruption reforms, anti-corruption policy. Legislators, politicians, and the general public have lately been paying more and attention to the search for new models for an effective struggle against corruption. In this context, the author has selected Georgia as the subject for his research, since in recent years this country has been displaying a pronounced tendency towards taking a strong position to counteract corruption. According to the non-governmental international agency Transparency International, which was organised to fight corruption and to research corruption levels in states all over the world, Georgia’s anti-corruption score, based on the corruption perception index (CPI), increased significantly during the past decade. In 2004 the country was ranked 133, but in 2012 it was ranked 51, which meant that Georgia had drawn ahead of such states as the Czech Republic and Turkey (which share 54th position)

EFFICIENCY OF THE STATE ANTICORRUPTION POLICY: THE POLITOLOGICAL ANALYSIS

In the conditions of system all-consuming corruption in Russia is necessary to build adequate system counteraction. Such counteraction is possible in the presence of political will at political elite. However, in conditions when subjects of counteraction of corruption are and a source of political corruption to have to become thoughtful seriously about efficiency of the state anticorruption policy and to consider possible to it alternatives.