International Cooperation on Combating Corruption on the Example of International Standards for Anti-Corruption Activities
( Pp. 215-220)
More about authors
Oleg A. Kisliy
Cand. Sci. (Ped.), Associate Professor of the Department of Legal Support of the State and Municipal Service of the Institute of Public Service and Management; Russian Academy of National Economy and Public Administration under the President of the Russian Federation
The Russian Presidential Academy of National Economy and Public Administration (RANEPA)
Moscow, Russian Federation Maria A. Isaeva inspector of the department for coordinating the activities of the department for control in the field of migration; Office of Migration Main Directorate of the Ministry of Internal Affairs of Russia for Moscow
The Office of Migration Main Directorate of the Ministry of Internal Affairs of Russia for Moscow
Moscow, Russian Federation
The Russian Presidential Academy of National Economy and Public Administration (RANEPA)
Moscow, Russian Federation Maria A. Isaeva inspector of the department for coordinating the activities of the department for control in the field of migration; Office of Migration Main Directorate of the Ministry of Internal Affairs of Russia for Moscow
The Office of Migration Main Directorate of the Ministry of Internal Affairs of Russia for Moscow
Moscow, Russian Federation
Abstract:
Purpose of the study. The article deals with international cooperation on combating corruption in the system of state (municipal) service on the example of international standards for anti-corruption activities. After all, from the point of view of a scientific approach, the effectiveness of combating corruption should be carried out on a theoretical basis and a practical component. At all stages of the development of civilization, a person tends to violate the «ten commandments» [1], in particular one of them—«do not steal». Theft and its derivative component—a bribe, as well as their highest expression—corruption, refer to the forms of human social behavior, where breakthroughs of instincts «come out»—through the barrier of prohibitions: rights, morality and religion. So, back in the Middle Ages, Dante Alighieri from the nine circles of hell placed bribe-takers in the eighth circle as a warning to all living on earth [2]. Corruption does not recognize state borders and is characteristic, albeit to varying degrees, of all states, regardless of their economic and political structure. In this connection, the international community relies on international legal regulations in the field of combating corruption: it adopted the «UN Convention against Corruption» [3], and the Russian Federation became one of the first states to sign it. In accordance with Article 5 of the Convention, the Russian Federation implements and pursues a coordinated anti-corruption policy by adopting the Federal Law «On Combating Corruption» [4], which establishes the principles and organizational and legal framework for preventing and combating corruption. There are a significant number of forms of its manifestation, however, it is obvious that, compared with the concept of «corruption» reflected in the Convention, this Law does not sufficiently differentiate the types of corruption and does not highlight non-property benefits, which makes it difficult to develop mechanisms to counter it, including in legal practice, article 20. This contributes to the development of social problems, which are also caused by a violation of state administration, leading to a loss of faith in the ability of the state to independently protect the interests of society. Research findings. As a result of the study, the authors come to the conclusion that the fight against corruption in the 21st century is caused by its transformation through political and socio-economic factors that determine the development of states. Thus, it puts their sovereignty and security at risk, often becoming a pretext for interference in their internal affairs by other states through the international community. Corruption affects the «holographic», that is, the unity and diversity of these factors that determine the internal affairs of states, which is negatively perceived by society as a reflection of their state policy. Thus, the moral foundations of society are corrupted, the «normal» development of the sphere of its material well-being is disrupted, and a crisis of confidence in the state is caused. In addition, its influence is associated with the difference in the legislation of states that contain its different definition. Nevertheless, despite this, they are based on international legal regulations—international standards for combating corruption, implementing them at the state level. In our opinion, the death penalty for corruption crimes is losing its effectiveness in the 21st century, although in some way it remains a warning factor for corruption crimes. Having analyzed the modern theoretical component of combating corruption, as well as the provisions of the Conventions, we have identified three of its constituent elements:
investigation procedure as obtaining evidence of commission of corruption crimes while respecting human rights, seizure and return of stolen funds;
measures to prevent corruption crimes through the application of various sanctions, based on the circumstances of their commission;
independence of legal institutions capable of fairly applying legislative norms and achieving the inevitability of punishment for committing corruption crimes.
investigation procedure as obtaining evidence of commission of corruption crimes while respecting human rights, seizure and return of stolen funds;
measures to prevent corruption crimes through the application of various sanctions, based on the circumstances of their commission;
independence of legal institutions capable of fairly applying legislative norms and achieving the inevitability of punishment for committing corruption crimes.
How to Cite:
Kisliy O. A., Isaeva M. A. International Cooperation on Combating Corruption on the Example of International Standards for Anti-Corruption Activities // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 1. P. 215-220. (in Russ.)
Reference list:
Foreign Corrupt Practices Act. Signed on May 5, 1977, its jurisdiction extends beyond the United States.
The African Union Authority is an international intergovernmental organization founded on July 9, 2002. Uniting 55 states of Africa.
The Global Corruption Barometer is an annual sociological survey of the non-governmental international organization Transparency International. It has been held annually since 2003 in more than 60 countries around the world to determine the level of perception of corruption by citizens. It also involves the respondents' assessment of the effectiveness of the authorities' activities in combating corruption.
Golenishchev-Kutuzov I.N., Khlodovsky R.I. Dante Alighieri // Literature of Italy: Literature of the XIII-XIV centuries. / Academy of Sciences of the USSR; Institute of world literature. them. A.M. Gorky. —M.: Nauka 1985. V. 3. P. 51–68. (History of World Literature: in 9 volumes; 1983–1994).
Ten Commandments of God (given through Moses) / (Old Testament, Book of Exodus, ch. 20, article 2, 4-5, 7, 8-10, 12-17).
Kisliy O.A., Isaeva M.A. International experience in the fight against corruption. Bulletin of the Moscow Humanitarian and Economic Institute. 2021. No. 4. P. 196–202.
Kisliy O.A., Isaeva M.A. International experience in combating corruption in the customs authorities. Bulletin of the Moscow Humanitarian and Economic Institute. 2022. No. 1. P. 375–388.
Kisliy O.A., Isaeva M.A. Some issues of combating corruption in the internal affairs bodies. Bulletin of the Moscow Humanitarian and Economic Institute. 2022. No. 2. P. 72–85.
The Code of Conduct for Law Enforcement Officials is an international act adopted on December 17, 1979 by resolution 34/169 at the 106th plenary session of the UN General Assembly.
The African Union Convention on Preventing and Combating Corruption (AUCPCC) was adopted on July 11, 2003 in Maputo. The Russian Federation has not ratified.
Convention against Bribery of Foreign Public Officials in International Business Transactions. Adopted on November 21, 1997 in Istanbul. The Russian Federation has ratified this convention. / The text of the Convention is published in the Bulletin of International Treaties, July 2012, No. 7.
Civil Law Convention on Corruption ETS No. 174. Adopted in Strasbourg on November 4, 1999. The Russian Federation has not ratified. / The text of the Convention was published in the journal «Council of Europe and Russia», 2000, No. 2.
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (ETS No. 141). Adopted on November 8, 1990 in Strasbourg. The Russian Federation has ratified this convention with declarations. / The text of the Convention was published in the journal «Council of Europe and Russia», 2000, No. 2.
UN Convention against Corruption (adopted by the UN General Assembly Resolution No. 58/4 on October 31, 2003). The Russian Federation has ratified this convention with declarations. / Collection of Legislation of the Russian Federation dated June 26, 2006 No. 26. Art. 2780.
Criminal Law Convention on Corruption ETS No. 173. Adopted on January 27, 1999 in Strasbourg. The Russian Federation has ratified this convention. / The text of the Convention was published in the journal «Council of Europe and Russia», 2000, No. 2.
Convention of the Council of the European Union of 26 May 1997 on the basis of Article K. 3 (2) (c) of the Treaty on European Union: Against Corruption. Addressed to the Member States of the European Union. / Text published in the Official Journal, No. C 195, 06/25/1997, p. 2-11 (in English).
The Constitution of the Russian Federation (adopted at a popular vote on December 12, 1993) (with amendments approved during the all-Russian vote of July 2020) / Rossiyskaya Gazeta of December 25, 1993 No. 237 (original text) // «Rossiyskaya gazeta» dated July 4, 2020 No. 144 (current version).
Inter-American convention against corruption (eng. Inter-American convention against corruption). Adopted on March 29, 1996 in Caracas, entered into force on June 3, 1997. The Russian Federation has not ratified.
Federal Law of July 15, 1995 No. 101-FZ «On International Treaties of the Russian Federation» / Collection of Legislation of the Russian Federation of July 17, 1995 No. 29. Art. 2757.
Federal Law of May 28, 2001 No. 62-FZ «On Ratification of the Convention on Laundering, Detection, Seizure and Confiscation of Proceeds from Crime» / Collected Legislation of the Russian Federation of June 4, 2001 No. 23. Art. 2280.
Federal Law of March 8, 2006 No. 40-FZ «On Ratification of the United Nations Convention against Corruption» / Collected Legislation of the Russian Federation of March 20, 2006 No. 12. art. 1231.
Federal Law of July 25, 2006 No. 125-FZ «On Ratification of the Convention on Criminal Liability for Corruption» / Collected Legislation of the Russian Federation of July 31, 2006 No. 31 (Part I) Art. 3424.
Federal Law of December 25, 2008 No. 273-FZ «On Combating Corruption» / Collected Legislation of the Russian Federation of December 29, 2008 No. 52 (Part I) Art. 6228.
Federal Law of February 1, 2012 No. 3-FZ «On the Accession of the Russian Federation to the Convention on Combating Bribery of Foreign Officials in International Commercial Transactions» / Collected Legislation of the Russian Federation of February 6, 2012 No. 6. art. 622.
The African Union Authority is an international intergovernmental organization founded on July 9, 2002. Uniting 55 states of Africa.
The Global Corruption Barometer is an annual sociological survey of the non-governmental international organization Transparency International. It has been held annually since 2003 in more than 60 countries around the world to determine the level of perception of corruption by citizens. It also involves the respondents' assessment of the effectiveness of the authorities' activities in combating corruption.
Golenishchev-Kutuzov I.N., Khlodovsky R.I. Dante Alighieri // Literature of Italy: Literature of the XIII-XIV centuries. / Academy of Sciences of the USSR; Institute of world literature. them. A.M. Gorky. —M.: Nauka 1985. V. 3. P. 51–68. (History of World Literature: in 9 volumes; 1983–1994).
Ten Commandments of God (given through Moses) / (Old Testament, Book of Exodus, ch. 20, article 2, 4-5, 7, 8-10, 12-17).
Kisliy O.A., Isaeva M.A. International experience in the fight against corruption. Bulletin of the Moscow Humanitarian and Economic Institute. 2021. No. 4. P. 196–202.
Kisliy O.A., Isaeva M.A. International experience in combating corruption in the customs authorities. Bulletin of the Moscow Humanitarian and Economic Institute. 2022. No. 1. P. 375–388.
Kisliy O.A., Isaeva M.A. Some issues of combating corruption in the internal affairs bodies. Bulletin of the Moscow Humanitarian and Economic Institute. 2022. No. 2. P. 72–85.
The Code of Conduct for Law Enforcement Officials is an international act adopted on December 17, 1979 by resolution 34/169 at the 106th plenary session of the UN General Assembly.
The African Union Convention on Preventing and Combating Corruption (AUCPCC) was adopted on July 11, 2003 in Maputo. The Russian Federation has not ratified.
Convention against Bribery of Foreign Public Officials in International Business Transactions. Adopted on November 21, 1997 in Istanbul. The Russian Federation has ratified this convention. / The text of the Convention is published in the Bulletin of International Treaties, July 2012, No. 7.
Civil Law Convention on Corruption ETS No. 174. Adopted in Strasbourg on November 4, 1999. The Russian Federation has not ratified. / The text of the Convention was published in the journal «Council of Europe and Russia», 2000, No. 2.
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (ETS No. 141). Adopted on November 8, 1990 in Strasbourg. The Russian Federation has ratified this convention with declarations. / The text of the Convention was published in the journal «Council of Europe and Russia», 2000, No. 2.
UN Convention against Corruption (adopted by the UN General Assembly Resolution No. 58/4 on October 31, 2003). The Russian Federation has ratified this convention with declarations. / Collection of Legislation of the Russian Federation dated June 26, 2006 No. 26. Art. 2780.
Criminal Law Convention on Corruption ETS No. 173. Adopted on January 27, 1999 in Strasbourg. The Russian Federation has ratified this convention. / The text of the Convention was published in the journal «Council of Europe and Russia», 2000, No. 2.
Convention of the Council of the European Union of 26 May 1997 on the basis of Article K. 3 (2) (c) of the Treaty on European Union: Against Corruption. Addressed to the Member States of the European Union. / Text published in the Official Journal, No. C 195, 06/25/1997, p. 2-11 (in English).
The Constitution of the Russian Federation (adopted at a popular vote on December 12, 1993) (with amendments approved during the all-Russian vote of July 2020) / Rossiyskaya Gazeta of December 25, 1993 No. 237 (original text) // «Rossiyskaya gazeta» dated July 4, 2020 No. 144 (current version).
Inter-American convention against corruption (eng. Inter-American convention against corruption). Adopted on March 29, 1996 in Caracas, entered into force on June 3, 1997. The Russian Federation has not ratified.
Federal Law of July 15, 1995 No. 101-FZ «On International Treaties of the Russian Federation» / Collection of Legislation of the Russian Federation of July 17, 1995 No. 29. Art. 2757.
Federal Law of May 28, 2001 No. 62-FZ «On Ratification of the Convention on Laundering, Detection, Seizure and Confiscation of Proceeds from Crime» / Collected Legislation of the Russian Federation of June 4, 2001 No. 23. Art. 2280.
Federal Law of March 8, 2006 No. 40-FZ «On Ratification of the United Nations Convention against Corruption» / Collected Legislation of the Russian Federation of March 20, 2006 No. 12. art. 1231.
Federal Law of July 25, 2006 No. 125-FZ «On Ratification of the Convention on Criminal Liability for Corruption» / Collected Legislation of the Russian Federation of July 31, 2006 No. 31 (Part I) Art. 3424.
Federal Law of December 25, 2008 No. 273-FZ «On Combating Corruption» / Collected Legislation of the Russian Federation of December 29, 2008 No. 52 (Part I) Art. 6228.
Federal Law of February 1, 2012 No. 3-FZ «On the Accession of the Russian Federation to the Convention on Combating Bribery of Foreign Officials in International Commercial Transactions» / Collected Legislation of the Russian Federation of February 6, 2012 No. 6. art. 622.
Keywords:
international cooperation, corruption, corruption-related crimes, legislation, anti-corruption, international anti-corruption standards..
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