Corruption-related Crimes Research Articles

Problems of implementing the principle of justice in certain norms that criminalize corruption-related crimes

Problems of implementing the principle of justice in certain norms that criminalize corruption-related crimes

Коррупционные преступления в сфере здравоохранения: анализ и практика

Periods of instability and disasters have always been associated with special risks of corruption. The coronavirus pandemic infection has exacerbated all the problems existing in healthcare, including those related to the commission of corruption crimes and other illegal irregularities in medicine. The subject of the study is corruption crimes in the field of healthcare, analysis and practice of their commission taking into account the current legislation. The purpose of the study is to identify and analyze shortcomings in the organization of activities for the protection of citizens’ health, to assess the effectiveness of the regulatory framework, the quality and transparency of medical services, as well as various kinds of irregularities of a criminal nature in this area. In the work, we set the following tasks: to assess the state of corruption-related crime, including corruption in healthcare sector, to analyze the norms of criminal legislation appearing in law enforcement practice in criminal cases of the group of crimes under consideration, to determine the causal complex of criminogenic corruption manifestations, as well as to develop scientific and practical recommendations and proposals aimed at reducing the risks of corruption-related crimes. The use of dialectical, statistical and comparative legal methods in combination with the use of system analysis made it possible to comprehensively study this problem.

Порядок осмотра денежных средств, обнаруженных при задержании лица, подозреваемого в получении взятки

The issues related to the procedure for inspecting the subject of a bribe - money are considered. The quantitative growth of corruption-related crimes, including bribe-taking, is stated. Cash remains a common bribe. It is concluded that, when investigating the receipt of a bribe, it is difficult to prove the fact of accepting a bribe. In this case, the peculiarities of the procedure for inspecting banknotes have a special role. On the basis of the analysis, the sequence of actions related to the inspection of the packaging of the subject of bribes and money was determined. Typical traces found during the examination are indicated (sweat marks of hands, traces of DNA, odor traces). The authors have proposed recommendations for the detection of these traces when examining funds. The emphasis is made on modern methods of detecting handprints. The possibilities of using the results of studies of traces by DNA analysis (by the method of genotyposcopy) have been determined. It is concluded that when examining funds, it is advisable to use the methods and techniques recommended by forensic science that ensure the effectiveness of their further expert research.

Коррупция в сфере государственных закупок в части обеспечения здравоохранения Российской Федерации

The article presents an urgent problem that affects many countries around
 the world. The paper disclose the basic concepts of corruption, examines the
 facts and consequences of committing corruption-related crimes in the field
 of public procurement in terms of providing health care in the Russian Federation. At the same time, statistical data of studies on the study of proposals
 of the public procurement market in Russia, as well as ways of improving
 the system of combating and preventing corruption in Russia are presented. On the basis of the analysis, the importance of control over the sphere
 of public procurement in terms of providing health care in the Russian Federation is explained.

Inaccuracy of Information about the Property of the Subject of the Declaration as a Qualifying Feature of a Corruption-Related Offence

The article investigates the composition of administrative offences and corruption-related crimes on the subject of “declaring inaccurate information about property and income”, criminal and administrative liability for their commission. Based on the comparative and legal analysis, the main differences of the mentioned corruption offences’ structures have been determined. It has been established that the basic differences in the composition of corruption administrative misconduct and corruption-related crime refer to the object (the value of the property concerning which inaccurate information has been submitted) and the subjective aspect. The distinctions in liability have been determined for submitting of deliberately inaccurate information in the declaration by the subject regarding the property or other objects of value. Judicial practice reveals that in case of an administrative offence, “the submission of deliberately inaccurate information” refers to the subjective aspect, whereas the qualification of a corruption-related crime takes place in the case of deliberate misrepresentations about property value by the declarant. Analysis of judicial practice in the Unified State Register of Judicial Decisions has revealed the following features: a fine is a common form of punishment; imprisonment is much less often used; evidence of fact that a person has committed an act in the form of non-filing, untimely submission of the declaration or submission of inaccurate information in the declaration is sufficient to make a conviction; lack of a thorough investigation of the subjective aspect of crimes with a predominance of judgments in favor of intent or submission of inaccurate information in a declaration; lack of a detailed investigation of the subjective aspect of crimes with a predominance of judgments in favor of criminal intent.

A Promising Model of the “Symmetrical Federation” State System in the Context of Ensuring National Security of Russia

The problem of ensuring national security is so important for the Russian Federation that, along with the rule of human rights and freedoms, as well as patriotism, it can become an ideological pillar. The asymmetry of the state system of Russia poses one of the treats to the state security. It invariably affects the vector and pace of socio-economic development of the Russian Federation, creates conditions for decentralization and, in the long term, could lead to more serious political consequences. A potential for improvement of the state system lies in strengthening of the institution of plenipotentiary representatives of the President of Russia in the federal districts, as well as in considering the further enlargement of certain constituent entities of the Federation. The fact is that the existing model of the state system that evolved as a result of the Russian Federation succession to the USSR does not any longer comply with the national interest creating a gap in the field of ensuring state security.The existance of the constituent entities that are heterogeneous in territory, population size and composition, economic potential, and the most importantly — the actual amount of political rights granted to ethnos -- inevitably raises the question of the illusory of the equality of peoples settled in the republics, autonomous districts and regions, with other indigenous and non-indigenous small peoples, as well as with the Russians. Such differentiation forms the dynamics of latent migration processes, as well as complicates the criminogenic situation due to “ethnic crime”, including corruption-related crimes, creating problems for the State in the field of law enforcement. This kind of metamorphoses, which require constitutional changes, forces the domestic legal science to develop a perspective model of the state structure of Russia. Discussions on this issue are valuable in themselves, as they allow us to formulate possible directions for the development of the state and law with due regard to the historical destiny and international mission of our State, especially in light of the 75th anniversary of the Victory in the Great Patriotic War. The considerations stated above mainstream this paper.

Новая редакция Постановления Пленума Верховного Суда РФ о судебной практике по делам о коррупционных преступлениях: комментарий сложных и неоднозначных положений

Новая редакция Постановления Пленума Верховного Суда РФ о судебной практике по делам о коррупционных преступлениях: комментарий сложных и неоднозначных положений

Features of Public Perception of Corruption-Related Crimes in the Nizhny Novgorod Region: A Criminological and Sociological Analysis

Introduction. The study is of relevance due to the need to explore and understand the nature of corruption in terms of Sociology, which is often hampered by the lack of effective tools for studying corruption in individual countries, regions, and cities. The purpose of the study is to identify real characteristics and features of perceptions of corruption by the population of the Nizhny Novgorod Region on the basis of relevant empirical data obtained using specific tools devised by the authors. Materials and Methods. The study is based on the materials of the questionnaire “Features of Corruption-Related Crimes in the Nizhny Novgorod Region: A Criminological Analysis” carried out using specific tools devised by the authors – the developed scales making it possible to identify respondents’ attitudes to various corruption situations and the reasons that cause them by using a system of indirect questions (the projection method). Scales (with a minimum variable part) were also used in the subsequent questionnaire of representatives of small and medium-sized businesses, and police officers, making it possible to perform a comparative analysis of attitudes towards corruption in different groups of respondents. Results. Perception of corruption-related crimes by the population of the Nizhny Novgorod Region has been analyzed; patterns of the general level of tolerance for corruption, the correlation of sex, age, education, and place of residence of respondents with their attitude to corruption have been revealed. Attitudes of residents of the Nizhny Novgorod Region to corruption in everyday life have been systematized. The authors have identified significant factors affecting the level of corruption. A number of recommendations for employees of the internal affairs bodies involved in the implementation of preventive measures on corruption-related crimes have been formulated. Discussion and Conclusion. In the ordinary perception of the region’s inhabitants, the concepts of ‘corruption-related crimes’ and ‘corruption’ do not coincide. Attribution of certain acts to manifestations of corruption-related crimes in some cases is caused not only by the general legal literacy of the population, but also by the peculiarities of the national mentality, culture, and sometimes professional affiliation. The results of the study are of both theoretical and practical significance and can be used to improve the work of regional divisions of the internal affairs bodies engaged in countering corruption.

Combating corruption-related crimes in the context of counterterrorism efforts

The authors study in details such aspects of the problem as the processes of criminal concrement of organized crime, corruption and terrorism, in which organized crime plays the role of initiating (defining) factor of emergence of corruption interconnections of government institutions and terrorist groups. It means that terrorist activity, possessing a range of common features typical for, among other things, organized crime, is impossible without corruption-related contacts in government institutions and self-government bodies. Therefore, long-term functioning of terrorist groups means the presence of a corruption element. The authors study the common patterns of using corruption-related practices by terrorists and substantiate the list of corruption-determined terrorist threats. The authors formulate the suggestions about the extension of the list of risks connected with the corruption-based financing of terrorism. Corruption in government institutions, local self-government bodies and security agencies is a fueler for the development of terrorism, acting, on the one hand, as a reason for its emergence, and on the other hand, as an indispensable condition of its existence. The recognition of corruption as an independent risk factor of the creation of favorable conditions for the financing of terrorism will help to improve counterterrorism efforts.  The authors note that the terrorist threat increases with the level of corruption. Thus, the fight against corruption should remain one of the key directions of national policy, and the effectiveness of these counterterrorism efforts will affect the reduction of terrorist threat level for the state.   

Mediation in Bribery as a New Type of Criminal Professional Activity: Statement of the Problem and Issues of Qualification

The article examines the interrelation between the structure of mediation in bribery in modern criminal legislation of Russia and the criminal activity performed on the professional basis, justifies the need to study the prerequisites for such an interrelation when countering corruption-related crimes, determining the object of legal protection. The article is also devoted to the issues of qualification of mediation in bribery in relation to the current level of criminal policy in Russia. The authors examine the topical problems of criminal and law assessment of mediation in bribery, promises or offers of mediation in bribery based on objective and subjective characteristics of the analyzed body of the crime. The article pays attention to a number of controversial formulations in art. 291.1 of the Criminal Code of the Russian Federation as applied to the theory of criminal law and modern law enforcement, offers author's interpretations, taking into account the rules of formal logic, explanations of judicial practice by the Supreme Court of Russia, determines the algorithm for qualification of mediation in bribery and criteria for distinguishing from related bodies of crimes.

GENESIS OF CRIMINAL LIABILITY AND THE PREVENTION OF CORRUPTION CRIMES IN UKRAINE

This article presents a view on peculiarities of criminalization of acts of corruption (corrupt practices, offences) and on their prevention in Ukraine in different historical times. Besides, a personal variation of periodization of this practice has been introduced that allows performing the comparison of correspondent corruption phenomena in foreign countries with classification of genesis. It has been established that acts of corruption fixed in written sources have been developing during rather long time. In the criminal laws of state formations on the territory of Ukraine of past ages there were no direct indications on “corruption-related” crimes (offences), their list and specific types, and therefore, we define the most typical forms of their objectivization as “corruption expression”, “corruption practices”, “acts of corruption”, etc., which could have various forms of their external manifestation and which in different ages had various names (“sacrifice”, “offering gifts”, “palm greasing”, “bribability”, “sin”, “extortion”, “feeding”, “bribetaking”, “venality”, “bribery”, “favouritism”, etc.). If to speak about measures to prevent acts of corruption, it has to be mentioned that within a historical context they cannot be characterized by systemacity, large scope, correspondent levels, and other important features. Only in 2014 the concept of corruption-related crime was firstly introduced into the criminal law of Ukraine of 2001 as a consequence of implementation of provisions of correspondent international Anti-corruption Conventions of previous decades. Phenomenality of corruption crimes is tightly connected with the absence of any historical example of its complete liquidation both in a separate state and within separately determined chronological period. Corruption as one of the oldest phenomena in social relations has continuously been altered and modified throughout history and new forms of its expression have appeared due to complication of political and economic order. Taking into consideration the aforesaid, in order to have comprehensive understanding of modern issues of criminal liability and prevention of corruption-related crimes (corruption-related offences) in Ukraine, it is actual to appeal to an estimation of practice of the fight against various acts of corruption and their prevention in correspondent state formations of the past ages from the perspective of its optimality, reasonableness, and correlation with political, economic and social challenges of the life in those days. Besides, the comparison of periodization of criminal liability development and corruption-related crimes in Ukraine and in foreign countries would be of great importance as such investigations are practically non-existent. At the same time we understand that we may actually speak about criminal liability just for corruption-related crimes and their prevention (both on national and worldwide basis) in a strict sense taking into consideration only the last hundred years, that means the period, when the term “corruption” and its derived concepts have become steadily used in policy, regulatory legal acts, and legal literature, when international Anti-corruption Conventions have been adopted, basing on which the correspondent provisions in the criminal law of some specific countries have been approved and reformed thereafter, and also anti-corruption programs (laws) have been developed. However, the diverse corruption phenomena of the past (sacrifice, offering gifts, palm greasing, extortion, “feeding”, “bribetaking”, “venality”, bribery, etc.) have formed the basis for appearance of modern complex concept of “corruption-related crime (corruption-related criminal offence)”.

Anti-Corruption Legislation of Russia: A Retrospective Analysis of the Formation of the Mechanism of Legal Effect

The paper investigates methodological, organizational and practical aspects of the legal effect on corruption during the period of formation and development of the national statehood. The novelty of the subject under consideration lies in the issue associated with: 1) the disclosure of the causes and conditions of corruption as a socially negative phenomenon at certain stages of the state and legal development; 2) identification of key directions of the legal policy in the field of anti-corruption predetermined by socio-economic and political transformations. In the course of achieving the goal of the study, the author has applied special legal methods of cognition contributing to the retrospective analysis of the legal regulation of legal liability for corruption-related offenses. As the result of the study, the paper shows the legal nature of corruption, its essential specificities and features as a socially negative phenomenon. The authors have identified peculiarities of anti-corruption measures undertaken during the period of the Russian statehood under review. Also, they have determined the tendencies in the legal regulation of corruption-related crimes and defined the features of the mechanism of the legal regulation of legal responsibility for corruption. The authors have expressed their opinion about the absence of categorical and legal assessment of the concept of corruption in the domestic legislation of the period under review that would predetermine recognition of measures having effect under criminal law as a strategic resource of counteracting corruption-related offenses. The paper draws conclusions about the factors inspiring the legislative regulation of corruption-related crimes and about the specifics of the implementation of punishment and other measures under criminal law.

The influence of the amount of a bribe and commercial bribery on the qualification of corruption related crimes

The influence of the amount of a bribe and commercial bribery on the qualification of corruption related crimes

Corruption Red Flags in Public Procurement: New Evidence from Italian Calls for Tenders

This paper contributes to the analysis of quantitative indicators (i.e., red flags or screens) to detect corruption in public procurement. Expanding the set of commonly discussed indicators in the literature to new ones derived from the operating practices of police forces and the judiciary, this paper verifies the presence of these red flags in a sample of Italian awarding procedures for roadwork contracts in the period 2009-2015. Then, it validates the efficacy of the indicators through measures of direct corruption risks (judiciary cases and police investigations for corruption-related crimes) and indirect corruption risks (delays and cost overruns). From a policy perspective, our analysis shows that the most effective red flags in detecting corruption risks are those related to discretionary mechanisms for selecting private contractors (such as the most economically advantageous offer or negotiated procedures), compliance with the minimum time limit for the submission of tenders and subcontracting. Moreover, our analysis suggests that greater standardization in the call for tender documents can contribute to reducing corruption risks. From a methodological point of view, the paper highlights the relevance of prediction approaches based on machine learning methods (especially the random forests algorithm) for validating a large set of indicators.

Corruption Red Flags in Public Procurement: New Evidence from Italian Calls for Tenders

This paper contributes to the analysis of quantitative indicators (i.e., red flags or screens) to detect corruption in public procurement. Expanding the set of commonly discussed indicators in the literature to new ones derived from the operating practices of police forces and the judiciary, this paper verifies the presence of these red flags in a sample of Italian awarding procedures for roadwork contracts in the period 2009-2015. Then, it validates the efficacy of the indicators through measures of direct corruption risks (judiciary cases and police investigations for corruption-related crimes) and indirect corruption risks (delays and cost overruns). From a policy perspective, our analysis shows that the most effective red flags in detecting corruption risks are those related to discretionary mechanisms for selecting private contractors (such as the most economically advantageous offer or negotiated procedures), compliance with the minimum time limit for the submission of tenders and subcontracting. Moreover, our analysis suggests that greater standardization in the call for tender documents can contribute to reducing corruption risks. From a methodological point of view, the paper highlights the relevance of prediction approaches based on machine learning methods (especially the random forests algorithm) for validating a large set of indicators.

Strengthening the Fight against Economic and Financial Crime within the EU

EU legislation in the field of financial and organised crime is affected by different issues. The anti-money laundering (and counter-terrorist financing) legislation is dense, but it still lacks effectiveness. Although the approximation between the Member States still presents some concerns, what seems to be desirable is not further legislative intervention from the EU but to foster monitoring activities (on criminal law usage, suspicious transaction reports, and FIU functioning, etc.). In this context, a specialised agency could be of remarkable value, but the corresponding draft needs accurate analysis. With regard to organised crime, FD 2008/841/JHA features too narrow a scope, on the one hand, when it requires the aim of obtaining “financial or other material benefit.” On the other hand, the EU definitions on the matter are too broad (e.g., as to what concerns participation in a criminal organisation). A more specific set of autonomous definitions oriented towards the specific forms of crime that criminal organisations aim their activities at would considerably enhance and facilitate judicial cooperation. In this regard, not only a review of the broad EU definitions is encouraged, but the FD itself should be quickly replaced. The current EU legal framework on corruption in both the public and private sectors also seems outdated, notwithstanding the pivotal role of such matters on EU criminal policy. Although EU law already provides for a duty to criminalise corruption in the private sector, it does not sufficiently clarify the object of protection, i.e., “fair competition.” This enables possible national transpositions that may thwart the utility of the relevant criminalising provisions. In addition, a definition of EU officials in EU law is desirable as well as the introduction of corruption-related crimes concerning such subjects in the Euro-crimes list.

Динамика коррупционной преступности в Вооруженных силах РФ и некоторые вопросы наказуемости военнослужащих за совершение преступлений коррупционной направленности в 2002–2018 гг. (на материалах Дальнего Востока России)

The paper presents statistical data on the prevalence of corruption and the punishment of military per-sonnel for committing corruption-related crimes using the example of the Far East for the period from 2002 to 2018. Based on a comparison of judicial statistics and the results of the author’s study, an assumption was made of high latency of corruption among military personnel. It was found that since 2008 there has been a decrease in the number of military personnel convicted of corruption crimes in the Far East, which is associated with military reform measures. Correlation of statistics with court mate-rials allowed us to conclude that a significant factor that can reduce the level of corruption in the military environment is the punishability of such a crime. The author identified some trends in the sentencing of military personnel who committed crimes of cor-ruption, for the study period. An analysis of the ac-tually imposed punishment for corruption offenses among military personnel in the Far East of Russia suggests the need to tighten the practice of sen-tencing for corruption crimes committed by military personnel.

ABOUT SOME TYPES OF CORRUPTION CRIMES IN THE MOSCOW LAW OF THE XVI CENTURY

The article is devoted to criminal-legal characteristics of the false accusations with the aim of seizing someone elses property as a form of corruption crimes, known to the medieval law of Moscow of the XVI century based on the analysis of public-law acts (statutory and labial letters), legislative (the Pskov Judicial Charter, Code of Laws of 1550) and other sources (notes of foreigners about the Moscow state in XVI century) substantiates the assignment of the considered compositions acquisitive criminal offences to the group of corruption-related crimes. The scheme of the criminal act assumed, first, the presence of secondary crime of false testimony, usually from a person already arrested robber, who pointed to their alleged accomplices of the obviously innocent locals. Secondly, the seizure by confiscation of property belonging to knowingly agreed and convicted of complicity in the primary crime. The acquisition of part of someone elses property determined the selfish motivation of the secondary crime. Thirdly, especially the subject composition, the core of which were representatives of the judiciary and other officials a kind of organizers and active participants in the secondary criminal assault. This was the peculiarity of the analyzed tort, characterized by such a social and legal feature as complicity in a secondary mercenary crime of officials exercising their powers in the field of justice.

Extradition in the absence of state agreements: Provisions in international treaties on extradition

By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists between the states concerned. As such, states are increasingly ratifying international treaties mandating cooperation to ensure that individuals responsible for certain categories of crimes are brought to justice. It is worth noting that some of these states lack extradition treaties with each other. For example, South Africa and the United Arab Emirates (UAE) are party to the United Nations Convention Against Corruption (UNCAC) which mandates that they cooperate with each other in ensuring that crimes related to corruption are prosecuted. However, there is no extradition treaty between South Africa and the UAE. In these circumstances, a question arises as to whether they can they rely on the UNCAC to extradite individuals for corruption-related crimes. If they can, what is the nature of the international obligation entrenched under the UNCAC? Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties?

Extradition in the absence of state agreements: Provisions in international treaties on extradition

By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists between the states concerned. As such, states are increasingly ratifying international treaties mandating cooperation to ensure that individuals responsible for certain categories of crimes are brought to justice. It is worth noting that some of these states lack extradition treaties with each other. For example, South Africa and the United Arab Emirates (UAE) are party to the United Nations Convention Against Corruption (UNCAC) which mandates that they cooperate with each other in ensuring that crimes related to corruption are prosecuted. However, there is no extradition treaty between South Africa and the UAE. In these circumstances, a question arises as to whether they can they rely on the UNCAC to extradite individuals for corruption-related crimes. If they can, what is the nature of the international obligation entrenched under the UNCAC? Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties?