Anti-corruption methods. What is corruption and how to fight it Effective measures to fight corruption

There are 3 anti-corruption strategies:

1. Public awareness of the dangers of corruption and its consequences

2. Prevention and Prevention of Corruption (Good Governance)

3. Rule of law and protection of citizens' rights.

Within the framework of these strategies, activities, and the coordinated activities of all 3 sectors, are carried out in the following areas:

The first strategy is:

1.1. General analysis of the situation and development of an anti-corruption strategy

1.2. Anti-corruption civic education

1.3. Building Anti-Corruption Coalitions

1.4. Free access to information and independent media

The second strategy is:

2.1. Transparent government, transparent procedures

2.2. Public Participation in Corruption Prevention Processes

2.3. Reducing state interference in the affairs of society

2.5. Reducing administrative barriers for entrepreneurs and introducing competitiveness

The third strategy is:

3.1. Strong and independent judiciary

3.2. Strict enforcement of laws

3.3. Anti-corruption legislation and public expertise

3.4. Legal assistance and protection, introduction of the ombudsman institution.

When planning an anti-corruption program, it is necessary to proceed from the following prerequisites. 1. An absolute victory over corruption is impossible. Moreover, in the normal state of power and society, corruption is a technologically useful signal of malfunctions in the methods of work of power. 2. There are no countries a priori doomed to large-scale and chronic corruption. Russia is no exception to this rule. 3. Restricting corruption cannot be a one-time campaign. The end of any campaign can always be followed by a new, more terrible round of corruption. 4. Corruption cannot be limited only by legislative methods and the fight against its manifestations. Moreover, in conditions when corruption has reached a large scale and climbed to very high levels of power, it is more effective to fight against the conditions that give rise to corruption than an unprepared attack on its manifestations. 5. The fight against corruption is successful if it is comprehensive, comprehensive, ongoing, and all forces and authorities and societies are directed to this. 6. The anti-corruption program should be implemented at the highest level of the country's political leadership and with maximum cooperation with civil society institutions. 7. The losses that the state and society incur from corruption in Russia are so great that any reasonable costs for the implementation of an anti-corruption program will provide a quick return, several times higher than the investment. It follows from the above analysis that the anti-corruption policy should include measures aimed at solving the following tasks: organization of the fight against corruption at all its levels; narrowing the field of conditions and circumstances conducive to corruption; reduction of benefits for both parties involved in a corrupt transaction from the conclusion of the latter; increasing the likelihood of detecting corrupt acts and punishing the harm caused by them; influence on the motives of corrupt behavior; creating an atmosphere of public rejection of corruption in all its manifestations. But even if it is impossible to stop corruption completely, it can be significantly hampered by legal regulation.

The key word for this is "transparency".

It is necessary to influence the economic and corruption crime through the rigid introduction of openness (transparency) in the adoption of economically significant decisions by public officials. Violation of the order of openness should be considered as an act of corruption without proving any harmful consequences (that is, to have a formal, rather than a material offense).

For example, in the field of public procurement (where without transparency it is impossible to ensure a competitive environment and prevent the abuse of a dominant position), it is necessary to publish information not only about the upcoming competition, but also about its results. Thus, inconsistency and unprofitability for the state when choosing a supplier will immediately come to light, which indicates corruption.

If statutory conditions are created for independent judicial review of administration decisions, this will be the first step towards effective fight with corruption. Of course, the executive and judicial authorities must actually ensure the implementation of these rules.

Many national and international regulations regarding public procurement create worldwide competition stemming from transparency.

Meanwhile, 28 industrial states are members of the multilateral agreement Government Procurement Agreement of the World Trade Organization. In the European Community, directives have been adopted to achieve coordination of national public procurement acts and to enable European competitions.

The economic importance of public procurement is shown by the annual turnover of more than 1,000 billion euros in public procurement in the internal markets of the European Union.

All of these national and international regulations not only create competition, but also, through their transparency, greatly limit corruption in this attractive market.

Legal regulation of the placement of government orders is effective, however, only to the extent that its content and its implementation allow.

The right of placement must be linked to the established procedure and to the documentation necessary for the decision. In addition, planning, determination of needs, placement, execution and settlement should be separated.

Control.

It is necessary to control the transition of civil servants to managerial positions in commercial organizations. In many countries, an official, after being fired for several years, without the permission of a government agency, cannot engage in commercial activities related to his previous job.

It is necessary to tighten the requirements for control over reporting and the application of sanctions for their violation against entrepreneurs. Also in Russia, it is advisable to maintain an information database on all violations committed by citizens and organizations in the competitive distribution of government orders. In principle, this would make it possible to organize the exclusion from participation in public procurement tenders not only of violating organizations, but also of their interdependent or affiliated persons.

Combating offenses against the interests of service in commercial organizations

Such offenses, unfortunately, turned out to be “behind the scenes” of state control. Although a number of them are criminalized in the Criminal Code of the Russian Federation, the practice of bringing them to criminal responsibility is negligible. At the same time, these offenses not only in some cases give rise to corruption chains, but directly or indirectly violate public interests. Thus, related party transactions made with violations, hidden affiliation, transfer pricing entail tax evasion, make it impossible to distribute profits through dividends, and lead to the withdrawal of assets to friendly structures. This leads to the stagnation of production, the state's shortfall in tax revenues, the lack of incentives for portfolio equity investment and, accordingly, to the embryonic state of the Russian stock market.

The state should reconsider the policy in relation to such offenses, provide a real opportunity to apply not only criminal and administrative sanctions, but also civil law measures: indirect claims against unscrupulous managers by shareholders, etc.

The international cooperation

Given the need to combat transnational corruption, international cooperation in this area acquires a special role. There is also a need for special means of control over officials who have discretionary powers in the field of foreign investment regulation. This area should become a point of mutually beneficial economic cooperation between entrepreneurs from different countries and, accordingly, an increase in the welfare of their states, and not a barrier and a lever for “lining the pockets” of unscrupulous officials. A clear system of both administrative and judicial control over officials in this area is needed. Only in this case, in the conditions of Russian reality, the subjective (arbitrary) will of an official will not be able to interfere with objective socio-economic laws.

Summing up, I would like to note that in Russia corruption exists in almost all areas of public life.

If we imagine the negative consequences of corruption for the state economy, then one of the most important tasks Russian policy should be the fight against corruption.

This, however, should not remain - as it has been until now - only a lip service.

In conclusion, it should be emphasized once again that an effective fight against corruption involves:

1. Credible self-identification as an anti-corruption advocate

2. Uncovering the sources of corruption

3. Development of countermeasures

4. Effective implementation

Every single step is an absolute must for obvious success.

Widespread and deeply rooted corruption requires courageous and energetic action. The policy of small steps is most likely doomed to failure.

The information needed for this can be obtained in cooperation with non-governmental organizations and the free media.

This will only succeed if appropriate grounds for trust are created.

In this sense, the fight against corruption in Russia can not only decisively improve the conditions of the commodity market economy, but also create grounds for trust between the state and the citizen.

Everyone has heard about the problem of corruption and loud statements about the fight against it. But, unfortunately, many do not fully understand the causes of this phenomenon and the extent of its prevalence. In this case, it is difficult to understand which methods can really counteract corruption, and which are just populism and beautiful words. Let's look at the main causes and consequences of corruption, as well as the problems associated with its eradication in the world and in Russia.

First of all, it is necessary to deal with the very concept of corruption. There are many variants of its definitions. If you turn to the dictionary, the definition of corruption will sound like "moral decay officials and politicians, which include illicit enrichment, bribery, theft, etc. But the fight against "moral decay" is more like a fight with windmills, so it's best to rely on the letter of the law. the federal law"On Combating Corruption" provides the following definition: "Corruption is the abuse of official position (...) or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits" . Benefits can be found in different form ranging from bribes and embezzlement to illegal aid to friends and relatives. The legal definition lists the most common forms of corruption:

• giving and receiving bribes;
• abuse of power;
• commercial bribery.

The Criminal Code of the Russian Federation refers to corruption crimes:

• mediation in giving bribes;
• illegal participation in business;
• violation of the procedure for financing an election campaign;
• smuggling;
• impact on the outcome of a sporting or commercial competition.

Corruption is classified depending on the scope, coverage, status of a corrupt official, government agency or enterprise, equality or subordination of subjects of corruption.

But, regardless of the classification, corruption reflects a certain system, a type of thinking that threatens with serious consequences for society. In addition to the obvious consequences in the form of non-compliance with the provided layers of the legislation and the inaccessibility of certain services to the population, corruption brings great harm throughout the country:

• holds back democracy by turning elections at any level from voting for the best program for all to vote for their patron;
• undermines trust in the authorities and leads to social instability;
• slows down economic development by spending capital on bribery and making market entry nearly impossible;
• reduces the quality of frames, making higher education and hiring impossible without a bribe.

Corruption is as old as society itself. Since the emergence of social inequality, those in power have not missed the opportunity to abuse their position. Such a problem among bureaucrats is mentioned even in the sources ancient egypt and Mesopotamia. The fight against dishonest officials in Russia began as early as Ivan III, but, as you can see, his work was never completed. And this despite the fact that Ivan the Terrible without hesitation executed corrupt officials, and Peter I and Catherine II tried to introduce high salaries for them - in order to discourage the desire to collect it from the people. The Soviet era, which began under the slogan of the fight against bribe-takers and bureaucrats, eventually gave birth to even more of them. The problem remains relevant now, despite all the laws and efforts. So what are we doing wrong?

To cure a disease, you need to understand its causes. The main causes of corruption, in addition to the properties of human nature and mentality, are the imperfection of legislation and control, the lack of transparency standards, political and political instability. economic system. The causes of corruption in Russia are largely rooted in Soviet traditions, the population's tolerance for this phenomenon, and its disbelief in its effectiveness. law enforcement.

Interesting fact: According to The World Bank, countries that actively counteract corruption can increase their GDP by 5 times!!! during a year.

The above factors make the fight against corruption even more difficult. The foundations of combating corruption should lie in a systematic approach aimed not only at actual control and punishment, but also to prevent corruption. Corruption prevention measures include:

• information work with the population, aimed at conveying to society the idea of ​​the inadmissibility of corruption and the need to report it under any circumstances;
• increasing the transparency of state structures;
• media independence;
• increasing the level of social security of civil servants;
• simplification of bureaucratic procedures, their transfer to electronic form.

To fight corruption, it is not enough to adopt normative acts. Significant changes are needed in the system of counteraction, the introduction of new structures and mechanisms. Therefore, anti-corruption measures include:

• active participation of civil society, creation and empowerment of structures of self-organization of the population to combat corruption;
• interaction between law enforcement agencies and civil society;
• particular attention to ensuring the impartiality of judges;
• the adoption of the necessary laws based on the interests of the country, not members of parliament;
• increasing the responsibility of all involved parties.

Corruption is an international problem, and almost every country in the world faces it on one scale or another. The level of corruption in the countries of the world in 2018 is closely related to the level of political and economic indicators of the state. This is due to the legal culture of the population, the effectiveness of the law enforcement system, education and security of the population.

1. Denmark.
2. New Zealand.
3. Finland.
4. Sweden.
5. Norway.
6. Switzerland.
7. Singapore.
8. Netherlands.
9. Luxembourg.
10. Canada.

The most corrupt countries are predominantly in Africa, as well as a few Asian and South American countries.

High scores Western countries are explained by many years of experience in fighting corruption and building democratic states with civil society. Penalties for corruption in these countries range from fines to 15 years in prison.

Of greatest interest is the experience of fighting corruption in Asian countries, many of which succeeded in a very short period of time. short term develop the economy and society to the Western level. At the same time, corruption was one of the main problems on their way, so the chosen counteraction strategy in most countries was especially tough, up to executions and long-term imprisonment.

Interesting fact: One of the toughest laws against corrupt officials exists in China. Since the early 2000s in the country executed more than 10 thousand officials. However, China remains in 83rd place in the ranking of the least corrupt countries.

But today some Asian countries - best example transparency. South Korea has an Internet control system, and almost every adult citizen has the right to start an investigation about corruption. Singapore's anti-corruption system focuses on the prevention of corruption: the relevant body analyzes the shortcomings in government agencies and corporations and points them out even before they are used dishonestly.

Corruption in modern Russia represents a serious problem. According to the Corruption Perceptions Index, the corruption index for Russia does not change, and the position of the Russian Federation in the ranking of countries is slowly deteriorating: from 119th to 131st place. More than half of citizens do not believe that they can contribute to the fight against corruption in Russia.

Interesting fact: Every year in Russia, bribes are paid in an amount equal to the GDP of a country like Greece.

In order to solve the problem of corruption in Russia, the Council under the President of the Russian Federation for Combating Corruption was established, as well as a special department under the prosecutor's office.

According to the legislation of the Russian Federation, the following liability is provided for corruption:

• fine;
• deprivation of the right to hold a position or engage in activities in a particular area;
• correctional, forced or compulsory labor;
• suspended sentence or imprisonment up to 12 years.

As world experience shows, it is possible to achieve real results in the fight against corruption only by involving all citizens in this matter. In most cases, it is possible to collect enough evidence and punish the criminal only thanks to the reports of ordinary citizens. Therefore, everyone should know where to report corruption. An oral or written statement should be made to the nearest police station. You can also apply to the prosecutor's office or court.

It is important for state and municipal employees to remember that reporting on corruption is their direct duty, and failure to comply with it is an offense.

Even if the report of corruption is not confirmed, the reporter is not responsible for this - only if the report was not knowingly false. And yet, for those who are afraid of something, it is possible to report corruption anonymously, using the helpline of the relevant region or by letter by mail.

Corruption is a system in which, in one way or another, the whole society is included, and in order to effectively combat it, the participation of all active members of society is also necessary. The first step - the development of a legislative framework - has already been taken, now all citizens are faced with the task of giving up the temptation to "simplify" their lives with another bribe. Corruption is one of the main obstacles on the way to a developed economy and society, and it cannot be avoided without its elimination.

Here's another recent example.

Left Russia a few hours before his arrest former head Rosalkogolregulirovaniya Igor Chuyan, whom Prime Minister Dmitry Medvedev dismissed on July 11. Chuyan flew to Israel, after saying goodbye to his bodyguards and letting them know that he did not intend to return from the promised land.

Chuyan's emigration can be easily explained - according to PASMI, President Vladimir Putin personally ordered the dismissal of the head of the alcohol department, to whom the FSB presented materials where Igor Chuyan appears as a seasoned corrupt official who laundered hundreds of billions of rubles in the sale of vodka, wine and beer.

Mikhail Yurevich: long treatment

For some time in Israel, the former governor of the Chelyabinsk region, Mikhail Yurevich, also hid from Russian investigators - in Russia he was accused of taking bribes in the amount of 26 million rubles from the minister of health of the region, who paid for promotion, as well as incitement to slander.

The criminal case against Yurevich was opened in March 2017, when he was undergoing treatment in Israel. The ex-governor denies his guilt, but is in no hurry to return to his native land - it is known that Yurevich moved to the UK, where he continued his treatment. Also, the media got information about Yurevich's request for political asylum allegedly received by the British authorities, but he himself hastily denied this information.

For about a year now, there has been no significant progress in the Yurevich case: the accused was arrested in absentia and put on the international wanted list, while he himself is still abroad.

Alexey Kuznetsov: waiting for extradition

In 2010, a major criminal case began to be investigated in the Moscow region, the main defendant in which was the former Minister of Finance of the Moscow Region, Alexei Kuznetsov. Together with Kuznetsov, he received the status of the accused ex-wife Zhanna Bulakh, deputy Valery Nosov and ex-head of the Moscow Investment Trust Company Vladislav Telepnev. The investigation found that from 2005 to 2008, accomplices, using various fraudulent schemes, stole more than 14 billion rubles from the regional budget.

Fraudsters managed to withdraw a significant part of the funds abroad. Kuznetsov himself took refuge in France, where several expensive real estate objects are registered in his name. In 2012, the ex-minister was put on the international wanted list, after which the French authorities detained the official, and also, at the request of the Russian Prosecutor General's Office, seized his property, starting his extradition. The process has been going on for five years - the French law enforcers reported earlier that they had no claims against Kuznetsov and detained him only to execute an Interpol order.

In April last year, the Investigative Committee of Russia published a message in which it expressed indignation at the delay in the extradition, seeing it as politically motivated, but the matter did not move forward. Meanwhile, in Russia, Kuznetsov's ex-wife Zhanna Bulakh was convicted in absentia, who also left the country and lives in the United States, where she has citizenship and remains inaccessible to law enforcement agencies of the Russian Federation.

Alexei Mitrofanov: did not dare to return

Deputy of the State Duma from " United Russia» Aleksey Mitrofanov came to the attention of the security forces in 2012, when he was suspected of fraud - the parliamentarian promised the capital merchant for $ 200 thousand to resolve the issue in the Arbitration Court, where the "client" was suing the "Solntsevskaya". Later, a pensioner complained about Mitrofanov, who accused the deputy of taking a bribe of 2 million rubles.

At first, Mitrofanov was held in criminal cases only as a witness, since parliamentary immunity protected him from the harassment of the investigation. However, in 2014, the immunity from the parliamentarian was removed. Having lost his parliamentary immunity, Mitrofanov immediately left Russia, going to Croatia for treatment.

In 2016, Aleksey Mitrofanov tried to return by offering the investigation a deal - a frank confession in exchange for a guarantee that he would not be put behind bars after leaving the plane. The investigation supported the deal, but the ex-deputy (he was deprived of his mandate for absenteeism) did not have the courage. Now Mitrofanov is still hiding abroad, being on the international wanted list.

Ilya Ponomarev: political waste

The expulsion of opposition deputy Ilya Ponomarev from the State Duma, and then from Russia, dragged on for several years. First, he was deprived of the right to vote in parliament because of the statement “swindlers and thieves” addressed to fellow deputies - this happened in September 2012. Then he was made a witness in the case of the riots on Bolotnaya Square in Moscow in May 2012 - his assistant Leonid Razvozzhaev confessed to preparing the riots.

In 2013 investigating authorities found signs of embezzlement of the Skolkovo Foundation, suspicion fell on the senior vice president of Skolkovo Alexei Beltyukov. In 2014, Ponomarev became a defendant in the case, who was accused of complicity in embezzling 22 million rubles of Skolkovo funds. According to investigators, in 2010 the deputy concluded an agreement with Skolkovo on holding certain scientific works and reading a course of lectures, earning $ 750 thousand on this. In April of the same year, the deputy was deprived of immunity.

When the immunity was lifted, Ponomarev was in the United States, from where he declared his innocence and the political background of the criminal case. In response, he was put on the international wanted list.

In 2016, Ponomarev, together with Alexei Mitrofanov, was deprived of the status of a deputy. By that time, the ex-deputy had fully paid off the damage to Skolkovo, but the criminal case against him had not yet been closed. Now Ponomarev lives in Kyiv, where he received a temporary residence permit.

Glushkov brothers: inhospitable Georgia

The next deputies who fled Russia (as it turned out, not for long) from accusations of corruption, with a lower rank, are Vladimir Glushkov, a member of the Zemsky Assembly of the Balakhna district of the Nizhny Novgorod region, and his brother Alexander Glushkov, with a mandate as a deputy of the Legislative Assembly of the Nizhny Novgorod region. Both brothers were detained on the territory of Georgia in early August. Previously, they were put on the international wanted list by Interpol.

Upon returning to the Nizhny Novgorod region, the fugitives are waiting for arrest, investigation and trial. The Glushkovs are accused of taking a bribe for 6 million rubles - Alexander received a bribe, and Vladimir acted as an intermediary - as well as in an episode of fraud with municipal property. According to investigators, the deputies organized a false reconstruction of the bus station in Balakhna, demolished most buildings, destroying the transport hub, and built a shopping center on this site. The amount of damage to the municipality amounted to about 100 million rubles.

Irina Baranova: judge for raiders

At the end of 2013 the judge Arbitration Court Moscow Irina Baranova flew to the United States for childbirth. A month later, in January 2014, the head of the TFR, Alexander Bastrykin, asked the Higher Qualifications Board of Judges for consent to initiate a criminal case against Baranova on the fact of cooperation with the raiders.

Investigating the case of the raider seizure of house number 3 on Gogolevsky Boulevard in Moscow (920 square meters, $ 50 million), law enforcement officers learned that it was Judge Baranova who helped former owners buildings are tricked into reclaiming their property after the sale by advising them to pay a bribe to their colleague, the judge who heard the case. Baranova received 100,000 euros for her services.

Bastrykin waited for almost two years for the permission of the All-Russian Supreme Court of Justice to initiate proceedings against Irina Baranova. During this time, the fugitive judge managed to give birth to a son in the United States. In 2016, the TFR announced its intention to put Baranov on the international wanted list. The judge is still at large.

Alexey Dushutin: from under house arrest

On August 9, the Metropolitan police asked the Tverskoy Court of Moscow to arrest in absentia the former general director of one of the companies of the infamous Oboronservis (now liquidated) Alexei Dushutin. Dushutin headed the JSC "Military Construction Department of Moscow" and was accused of attempting to swindle - he tried to sell the construction base of the VSUM for 11 million rubles, with a real value of about 140 million rubles.

It's funny, but it was this criminal case that helped Dushutin escape, since he had already been sentenced to four years in prison for the illegal sale of 17 VSUM facilities with a damage of 400 million rubles, but was released from behind bars in connection with a new investigation. For almost six years (the criminal prosecution of Dushutin began in 2011), the top manager of Oboronservis was in custody, and only in the summer of 2017 did his lawyers manage to convince the court to change the preventive measure to House arrest due to the presence of several diseases acquired in the pre-trial detention center.

After leaving the pre-trial detention center, Dushutin did not waste time and almost immediately escaped from house arrest. He was put on the federal wanted list, but to no avail - according to operational data, the fugitive lives in Canada with his parents. If the Tverskoy Court goes to meet the police, then Dushutin will be put on the international wanted list.

Sergei Sapelnikov: disappeared without permission

In June 2013, the Accounts Chamber revealed serious violations in Rosreestr - the department spent more than 42 billion rubles to create a system cadastral registration, but almost half of the amount was spent in violation of the law, and the system was never completed. The main claims of the inspectors were caused by IT projects, all work in the field of which was taken by the deputy head of Rosreestr Sergey Sapelnikov.

In September of the same year, it became known that Sapelnikov left the country without waiting for the anti-corruption check to turn into a criminal case. Without waiting for a call for interrogation, the official drove by car to Belarus, and then to Ukraine. Note that Sapelnikov is the bearer of state secrets of the first category and had to obtain permission from the special services to leave. Since 2013, there has been no hearing or spirit from the fugitive.

Alexander Nistratov: scapegoat

At the beginning of the year, a criminal case was completed in Moscow on real estate fraud of OJSC Kvant-N, which was of interest to Roscosmos, but with the help of corrupt officials in the Federal Property Management Agency and the Presidential Administration, it was sold at a bargain price to a shell company with offshore owners.

The court found the ex-director of the Federal State Unitary Enterprise “Center for Financial and legal support» Administration of the President of the Russian Federation Nikolai Skrypnikov, his deputy, ex-general director of Kvant-N OJSC Andrey Grishin and two businessmen. The convicts were sentenced to three and a half to six and a half years in prison in a penal colony.

Three more people were involved in the fraud - the former head of the UDP Vladimir Kozhin, the former head of the Federal Property Management Agency Yuri Petrov and Petrov's assistant Alexander Nistratov. The signatures of the first and second were on all documents, with the help of which the Kvant-N property was taken out of the control of Roskosmos and the Federal Property Management Agency and sold, but both remained only in the status of witnesses, shifting all the blame to Skrypnikov and Nistratov.

Alexander Nistratov is considered the organizer of the entire fraudulent scheme, but he could not be punished, since the official left Russia in the summer of 2015 and lives in the United States even before the initiation of a criminal case.

Dagestan fugitives: emirates are more reliable than Chechnya

Most of the Dagestan officials who were purged as a result of a large-scale regional anti-corruption campaign did not even try to hide from law enforcement officers, as they were confident in their own invulnerability or adequately assessed their capabilities. But there were also exceptions.

At the end of May, the security forces came with searches to the house of Magomed Makhachev, head of the Bureau of Medical and Social Expertise for Dagestan, but the owner of the house was no longer found. The official, along with a group of accomplices from among his subordinates, was suspected of selling fake certificates of disability put on stream local residents who, according to fake certificates, received benefits from the budget. The account of bribes and forged documents goes into the hundreds.

At first, investigators suspected that Makhachev had fled abroad, presumably to Ukraine. Having accused the official in absentia of bribery, forgery and fraud, the investigation put him on the international wanted list. Then, at the end of July, law enforcement officers detained Makhachev's brother, Ashik, making him a defendant in the case of fake certificates and additionally threatening him with a serious accusation of organizing a criminal community. Either the international wanted list worked, or his brother helped, but on August 2, Magomed Makhachev was detained in Grozny.

The next fugitive - the son-in-law of the former Minister of Health of Dagestan Tanki Ibragimov - will be dragged out of the United Arab Emirates by the security forces. Tanka Ibragimov himself has already been arrested, accused of organizing large cartel purchases, embezzling more than 100 million rubles and creating an organized criminal group. His son-in-law is considered involved in the dark affairs of the ex-minister.

I think it's far from full list well-known officials who stole a lot of money and are now feasting on them abroad. Well, why can't the investigation be planned in such a way that at least put under house arrest the suspects who stole billions and who have a lot of connections. Isn't it difficult to assume that they will disappear to the end? They always explain to me - "it's not allowed, everything is according to the law, procedural norms work so slowly, nothing can be done, this is not 1937."

Corruption is precisely defined in the United Nations Background Paper on Combating International Corruption. It is the abuse of public power for personal gain. Corruption is not limited to bribery, including nepotism, the misappropriation of public funds for private use.

International Anti-Corruption Efforts

Defeat human civilization corruption has been since its inception. Even the laws of King Hammurabi (Ancient Mesopotamia, about 4 thousand years ago) provided for punishment for bribery. This asocial evil is present in any country, regardless of the political system and traditions.
A sharp surge in corruption in European countries was accompanied by the formation of capitalist relations in the 19th century. Anti-corruption was carried out at the legislative level, which to some extent restrained its spread. But since the second half of the 20th century, the disease has flared up with renewed vigor.

Therefore, in many countries fight against corruption acquired the features of a large-scale political campaign.
The international community is trying to consolidate efforts in the fight against the evil of corruption. apotheosis international opposition corruption was the creation in 1993 of an international non-governmental and non-profit organization. It is called Transparency International (Transparency International). To determine the level of corruption in different countries The organization uses the Corruption Perceptions Index. It is calculated on the basis of a number of studies, providing the country with one or another place in the rating table published annually.

Corruption in Russia is more than in Nepal

Russia's position in this anti-corruption rating is more than deplorable. If in 2004 the Russian corruption perception index was 2.8 (90th place), then in 2007 it was 2.3 (143rd place). (The more numerical value index, the lower the level of corruption in the country). In 2010, Russia with an index of 2.1 dropped to 154th place, falling below Nepal and Cambodia. It seems that there is nowhere to go further, although the last (178th) place is still occupied by Somalia.
Large scale, corrosive state system, corruption characteristic of third world countries with poorly developed economies. The leaders in the anti-corruption list are: New Zealand (9.3), Singapore (9.3), Sweden (9.2), Finland (9.2). The top 20 also includes: Germany, Great Britain, Japan, Canada, and others. In 2010, the United States was only in 22nd place.
Corruption in Russia blossomed in full bloom during the country's transition to commodity-money relations in the early 90s. Nouveaux riches from business did not skimp on handouts to officials for the "correct solution" of the necessary issues. As a result, there was a coalescence of business with state structures, which is now quite difficult to break.
Meanwhile, corruption in Russia leads to a significant rise in the cost of services and goods, from which the majority of the country's population suffers. It dooms the economy to degradation, finally discrediting the current political system. Before the corrupt bureaucratic apparatus, the people feel defenseless, like a lamb to the slaughter. That is why he accumulates resentment and for the time being is silent, which gives rise to erroneous ideas among some figures. So, Academician R.R. Greenberg believes that corruption in Russia useful, without it she would allegedly be mired in riots and revolutions. To which one can object that with corruption and mass impoverishment of the population, the final will be the same. Only more furious and catastrophic. No wonder President Dmitry Medvedev said that corruption nothing less than a threat to the national security of the country. Exclaiming at the same time: Stop waiting! Need to do something!
Back in 2006, First Deputy Prosecutor General of the Russian Federation Alexander Buksman stated that the corruption market in Russia is estimated by experts at almost 250 billion dollars. Kirill Kabanov, head of Russia's National Anti-Corruption Committee, openly stated in 2007 that fight against corruption we are more like an imitation.

Corruption law gaping holes

Since then, Russia has had a National Anti-Corruption Plan, approved by President Dmitry Medvedev in July 2008. It includes 4 lengthy sections and a number of legislative acts.
And on December 25, 2008, the Federal Law "On Combating Corruption" was adopted. According to him, Corruption in Russia exists in three guises: giving a bribe, receiving a bribe and abuse of office. The Criminal Code of the Russian Federation qualifies corruption as a serious crime committed for mercenary purposes. That is the legislative framework there is a plan of counteraction too, the intentions of the supreme power are the most decisive.
Well, something, as they say, is still there, more precisely, it is slipping more and more into the quagmire of advancing corruption. So what's the deal? Yes, in that laws against corruption gaping holes, and determination clearly sins with declarativeness.
For example, Art. 291 of the Criminal Code of the Russian Federation, giving a bribe qualifies hardly any more serious crime than receiving it.

Although most people are simply forced to resort to it. As a result, 2,000 people were convicted for taking a bribe in 2009, and 3,500 for giving a dacha.
And how do the courts deal with already exposed corrupt officials? Almost 70% of officials convicted of corruption in Russia got off with suspended sentences?!
In addition, the “corruption roach” mostly gets into the anti-corruption networks so far. With such half-hearted measures corruption in the country is unlikely to be defeated even in the long term.
The ratification of the UN Convention on Combating Corruption was not without cuts. Its 20th paragraph, which requires an official to confirm the legality of the origin of his wealth, was not accepted by the Russian side. Comments, as they say, are unnecessary.
For a successful fight against corruption, as world practice shows, the following are needed: the political will of the top leadership, the removal of "dignitary immunity" from the highest echelons of power, the reality and inevitability of punishment.

The fight against corruption can be successful

AT developed countries curbing corruption is carried out methodically and consistently.
IN THE USA fight against corruption facilitated by the fact that there neither a congressman, nor a senator, nor even the president have immunity from criminal prosecution.
In China, even the children and relatives of "executive workers" are not allowed to do business. They also cannot act as agents or advisers in this area.
But the most significant for us is the successful anti-corruption in Georgia, since the country also emerged from the mossy bowels of the Soviet system.
The Corruption Perceptions Index in Georgia in 2003 was 1.8, putting it in 124th place in the anti-corruption "table of ranks". That is, after the “Rose Revolution”, the country inherited from the Shevardnadze regime the “fat seal” of one of the most corrupt states on the planet. But four years later, as a result of the measures taken by President Saakashvili, corruption began to lose ground sharply. Having increased the anti-corruption index to 3.4, Georgia in 2007 rose to 79th place, and in 2010, with an index of 3.8, to 68th.
The set of anti-corruption methods used by the Saakashvili team can be called standard. During the restructuring of the authorities, a large-scale rotation of personnel was carried out, the staff was reduced by 40 percent. A bribe of 50-60 dollars began to threaten the official with 6 years in prison. The "impunity syndrome" was quickly overcome by mass arrests of high-ranking civil servants. The narrowing of the scope of bureaucratic powers and the introduction of the “single window” principle also reduced the zone of corruption risks. These and some other measures were enough for the country to get out of the corruption swamp in 3-4 years.
The dominance of corruption in Hong Kong at the turn of the 60s and 70s was simply rampant. The main tool in the fight against it was the creation in 1974 of the Independent Commission against corruption. Moreover, the NKPC was removed from the subordination of the Ministry of Internal Affairs and state security agencies, having received a wide range of powers. The first year of operation of the new structure brought "harvest" in the form of the arrest of 200 major officials. As a result, Hong Kong has become one of the "cleanest" regions in the world. If in the middle of the 70s corruption covered 90% of its state apparatus, in the late 90s it was only 6%.
So that real war with corruption gives quite real results. But to dare her, you have to be a bit of a warrior. After all, in war they sometimes shoot, including at presidents ...

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“The fight against corruption should become a truly national matter, and not a subject of political speculation, a field for populism, political exploitation, campaigning and throwing in primitive solutions - for example, calls for mass repressions.

Read more…

Strict laws and high level lives are an excellent recipe for fighting corruption.

Anyone who receives or gives bribes must be severely punished so that he understands that he has committed a crime.

And every employee, from a policeman to a judge, must understand that corruption will immediately put an end to his career.

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Corruption as a socio-economic phenomenon, its main elements and principles. Analysis of combating corruption in international law. Criminal Law Convention on Corruption. Criminal-legal characteristics of corruption crimes.

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Criminal-legal problems of the fight against corruption in the Russian Federation

Corruption as a negative socio-legal phenomenon: essence, causes, forms of manifestation. Regulatory and criminal measures to combat corruption in the Russian Federation and in foreign legislation; responsibility for concealing corruption crimes.

thesis, added 08/13/2012

Basic principles of anti-corruption

Historical aspects of the phenomenon of corruption, its causes and consequences. Methodology for the study of corruption relations in the context modern theory rights.

Principles and problems of combating corruption offenses, measures to combat them in Russia.

thesis, added 02/16/2013

Constitutional and legal ways to combat corruption in the system of state and municipal service

Normative-legal acts regulating the fight against corruption in the Russian Federation. Ways to fight corruption. Analysis of the practice of bringing state and municipal employees to criminal liability as a way to combat corruption.

term paper, added 05/02/2015

Foreign practice and Russian experience in the fight against corruption

The history of the development of corruption in Russia. Corruption as a socio-economic phenomenon. Corruption crimes in modern world. The main directions of the fight against corruption crimes in foreign countries. Anti-corruption policy of Russia.

thesis, added 08/16/2012

Legal and organizational forms and methods of combating corruption in the system public service

Concept and essence of corruption. Civil Law Convention on Corruption. Criminal liability for corruption crimes under the Criminal Code of the Russian Federation.

Bribery in international practice. Corruption in the public service system in the Russian Federation.

thesis, added 03/03/2010

The concept of corruption and the legal framework for combating corruption offenses

Characteristics of anti-corruption legislation. The concept of corruption and its subjects. Statistics of corruption in the world and in Russia. Organizational bases, principles and subjects of combating corruption. Powers of anti-corruption subjects.

thesis, added 01/14/2017

Legislative Framework for Combating Corruption in Russia

The concept of corruption, its public danger and connection with organized crime. Characteristics of international legal acts on the fight against corruption, the possibility of their application in Russia. Russian legislation in the field of combating corruption.

term paper, added 04/30/2014

The role of non-governmental organizations in the process of combating corruption

Conceptual foundations of state policy in the field of combating corruption and the shadow economy in modern Russia. The activities of non-governmental organizations in the field of combating corruption on the example of the city of Moscow and their role in the fight.

term paper, added 10/07/2014

Criminal legal regulation corrupt practices

Essence, structure, scope and impact of corruption in Ukraine. Criminal-legal characteristics of malfeasance. Corruption in law enforcement and government. Organizational, legal and economic foundations for combating corruption.

term paper, added 11/28/2014

Corruption as a kind of socio-pathological phenomena

Grounds for corruption in the system government controlled. Systemic dysfunctions of the public service. Implementation of anti-corruption mechanisms in public authorities. Measures to combat corruption in the Federal Migration Service.

The means of combating corruption are mainly divided into two types - preventive or soft methods, and reactionary or hard methods. Soft methods include, for example, training, personal policy (eg rotation) and organizational and cultural development, as well as certain control mechanisms. Harsh methods include laws and punishments. In the fight different states against corruption apply various methods. Thus, television and radio broadcasts, social campaigns, training courses, information for the public, legal acts, studies of corruption, information booklets, supplements to laws, etc. have been developed for this purpose. In most Western European countries, laws that regulate anti-corruption activities are largely similar. The OECD is one of the biggest champions of punishing corrupt acts and imposing equivalent penalties for them. working group in the fight against bribery. Their purpose is to ensure that a bribe-taker does not go unpunished in one state if the penalties in a neighboring state are very severe. They are also trying to ensure that similar requirements apply for officials in all allied states.

There is no clear position on which of the methods of combating corruption is the most effective. The same methods do not have to be suitable for different cultures. At the same time, it is well known that freedom of the media, accessibility necessary information etc. are prerequisites for reducing corruption.

It should be noted that there are several models of corruption in the state, these are Asian, African, Latin American models. Clearly, Russia does not yet fall under either of the models described above, or any combination of them. This means that corruption in Russia has not yet become systemic. The chance has not been lost yet.

Russia's problem in the fight against corruption may lie in the fact that we are fighting not with the causes of bribery, but with its consequences, trying to patch this or that hole in the legislation and in society. We do not look at the root of the problem, we do not solve the problem systematically, totally, everywhere, although only such an approach could bring us benefits, benefits and results. What do we need to do to eliminate this evil. Perhaps the will of the government is needed, which has not yet been observed.

As organizational measures - the creation of specific structures, the exclusion of their departmental and administrative-territorial fragmentation, the provision of powerful legal protection for law enforcement officials, material equipment, taking into account the latest achievements of science and technology.

In order to improve the operational-search and criminal procedural legislation in order to increase the effectiveness of the fight against corruption in the process of lawmaking, it is necessary to take into account a number of provisions of fundamental importance. First, unreasonable restrictions on the rights and freedoms of citizens, and even more so their violation, cannot be allowed. Secondly, legal regulation should be systemic and cover the phenomenon under consideration in general. Thirdly, the state and society must be ready to consciously incur significant material costs in the fight against corruption.

Legislation aimed at preventing corruption as a criminal phenomenon should be based not only on fixing increasingly stringent measures of responsibility, but first of all on a clear limitation and impossibility of state authorities and their employees to carry out or have any relation to any economic activity. I mean precisely economic, and not specifically entrepreneurial activity, since any relation to economic activity gives rise to the temptation of an official to use his position for "commercial" purposes.

Powerful state and commercial activity for the provision of services and the extraction of profit cannot be combined in one person, should not be carried out by one organization. Even with maximum control and the absence of obvious abuses, such a combination of two various kinds activity deforms each of them. At present, it is clearly seen that engaging in both economic activity and the implementation of public administration functions serves as a provoking factor, creating favorable conditions for the abuse of power and the penetration of corruption into the state apparatus. The body of state power, exercising the function assigned to it, should be guided only by the state interests. No other interests or motives should influence this activity.

Thus, in order to prevent corruption in the system of public authorities, legislation should be guided by two fundamental rules:

• 1) state bodies and local self-government bodies should not receive income or derive other benefits for themselves from the exercise of power;
• 2) they also should not carry out, along with powers of authority, any other activity aimed at extracting income for themselves or obtaining other benefits.

The first normative act designed to regulate the fight against corruption in Russia was the Decree of the President of April 4, 1992 N 361 "On the fight against corruption in the system of public service bodies"

This decree, before the adoption of the "Law on Civil Service in the Russian Federation" and before the adoption of other regulations designed to regulate the fight against corruption, despite its small volume, established the basic principles of protection against corruption by officials of state authorities.

engage in entrepreneurial activities;

render any statutory promotion of physical and legal entities using his official position;

perform other paid work (except for scientific, teaching and creative activities);

be a member of economic societies and partnerships.

2. Establishment for civil servants of the mandatory submission of a declaration on income, movable and immovable property, deposits in banks and securities.

Violation of these requirements entails dismissal from the position held and other liability in accordance with applicable law.

The Decree of the President of Russia "On the fight against corruption in the public service system, despite its timeliness and importance, is not without known defects (narrowness of the range of issues to be resolved, insufficient elaboration in terms of legal technique, etc.). The absence of a well-developed mechanism for implementing the Decree and monitoring its implementation creates serious obstacles to the effective application of both the decree itself and the entire meager anti-corruption legislation.

The Law on Corruption has not yet been adopted, the draft of which was rejected several times by the President. It is in this law that a definition of a qualitatively new offense is given - an offense related to corruption.

The difficulty that the State Duma faces in adopting this legislative act is quite understandable. Despite the severity of this problem in Russia, not a single law in Russia, except for the Criminal Code, can establish the criminality of an act, in other words, not a single normative act cannot determine which acts are considered criminal and which are not. The same can be said about property liability, which is intended to be regulated by the civil code. Some norms established by the Law are at odds with that huge mass of laws and other normative acts, which at the moment constitutes the existing system of law. Unfortunately, the norms of the Law, which allow to more or less adequately regulate the fight against corruption, inevitably run counter to and contradict the existing legislation, and, therefore, if the Law is adopted, destabilize the system of law, which is already torn apart by various interests. First of all, it is necessary to check all laws for corruption capacity, that is, whether this law can be used to receive a bribe. Here, for sure, many lobbies - laws will come up.

It is wrong to believe that the judiciary is to blame for this problem. Many believe that it is impossible to win a case against a major official. Statistics show that 68% of complaints against state bodies and officials are satisfied by the judicial system. However, in general, lawsuits are filed by owners of medium and large businesses, where the administrative system has already been established and worked out.

To date, there are 3 anti-corruption strategies:

• 1. Public awareness of the dangers of corruption and its consequences
• 2. Prevention and prevention of corruption
• 3. Rule of law and protection of citizens' rights.

There are foundations without which corruption cannot be defeated. First, in the absence of independent media, it is pointless to fight it, because no corrupt government without external public control will be able to remake itself. The media should constantly heat up this problem, keep it in sight, show that the state is fighting corruption, thanks to this there will be a slow, gradual education in this area, young people will realize that bribery in Russia is stopped in the bud, and the level of corruption will gradually begin to fall .