In recent years an activeanti-corruption policy. What are the criteria for its effectiveness? Which regulatory and legal sources are adopted in the Russian Federation in order to counteract corruption? How do modern researchers understand, in fact, the nature of this phenomenon?
Corruption, according to a widespreaddefinition, a public phenomenon that identifies the actions of officials and other privileged persons in the models outside the standards at the level of laws, industry norms and social principles, usually causing material damage to the state, the company, society. The concept of corruption, therefore, is primarily of an economic nature. A person who carries out the type of action in question is usually interested in material benefits.
According to the definition adopted in the organizationTransparency International, whose activity is focused on the study of corruption phenomena, this type of activity is understood as abuse of a trusted resource - usually power, in private interests. The Russian Federal Law "On Combating Corruption" contains an interesting formulation. It says that the phenomenon under consideration is the abuse of position and authority, the giving or receiving of a bribe, commercial bribery and other options for the unlawful use by a citizen of his official position as opposed to the interests of the society and the authorities with a view to extracting benefits. FZ on corruption, thus, somewhat broadens the interpretation of the term in the version of TI, supplementing it by the fact that the relevant type of unlawful acts can be carried out not only by the authorities, but also by business.
Otherwise, the definition of corruption adopted inUN, it is a fairly general formulation. According to the UN documents, corruption is understood as a phenomenon that has a complex social, cultural, and economic nature, present in all states. Some experts draw attention to the fact that even in the content of the UN Convention against Corruption, there is no specific definition of the phenomenon under consideration. Although, according to some analysts, there is some logic here - the essence and causes of corruption are so multifaceted that even at the level of one of the largest international structures there is no sense to seek a general definition of this phenomenon. In each country of the world there may be precedents that allow to interpret it in the framework of concepts that may be quite different from those adopted in other states. Therefore, some experts believe, a common understanding by the world community of the problems, the emergence of which causes international corruption, can be complicated. And all because there are no guidelines for the search for a unified approach to the interpretation of this phenomenon.
Having considered the concept of corruption, we will study the visioncauses of this phenomenon, which can be found in the research environment. There are, for example, theories of economic nature. Among these is the thesis of correlating profits and costs due to some activity. In this case, corruption. A person with a certain resource, administrative, for example, decides to commit unlawful actions, realizing that there are risks, but at the same time realizing that the prospective benefit of them is likely to compensate. If, in turn, this citizen does not carry out any corrupt acts, and will continue to perform his duties in a regular mode, the preferences and the degree of satisfaction with his work will be significantly lower than even after the punishment in the first scenario.
Causes of corruption some researchersalso connect with the theory of formation of the behavioral model, which is based on the factor of obtaining preferences due to rent. What does it mean? The fact that in the process of carrying out his activities a person who is, conditionally speaking, at an administrative post, realizes that he has in his hands a faultless in most cases an instrument for extracting profits and benefits at the expense of his official position. This factor, analysts believe, can cause even deeper corruption than under the first scenario, which provides for the economic nature of illegal activities. Since in most variants the risks of a person sitting on a "rent" involve relatively small risks. For example, corruption in the internal affairs agencies, experts believe, can be largely explained by the influence of the factor under consideration.
There is a thesis explaining the phenomenon under study from the pointview of the crisis of economic and social institutions in the state. The causes of corruption are due to the inefficiency of the work of government and business. That is, for example, it becomes easier for a citizen to solve a particular issue (to agree on a document, to order a product or service), bypassing staff mechanisms fixed in laws or sectoral agreements. At the same time, an official or employee of the firm who is responsible for document approval procedures, product release or provision of services, rarely agrees to facilitate the informal resolution of the issue for free. And that's why he, one way or another, becomes a violator of laws and norms, damaging power, business and society.
According to the same Transparency studiesInternational, in our country the level of public perception of this phenomenon remains high. The position of the RF in the corresponding rating compiled by this organization is below the 100th place. It should be noted - regarding the correlation of how corruption is accepted by society and what is its real level in Russia, experts are actively discussing. That is, it may well turn out that with a possible change in the methodology of the survey, the ratings of the Russian Federation will be more optimistic. But few argue with the fact that as such, there is corruption in Russia, as in any other country in the world. Even in those that are leading in the ratings compiled by TI and other organizations.
What are the causes of corruption in Russia? Some analysts consider all three of the above theses, explaining the nature of this phenomenon, applicable to our country to be applicable. In addition, experts believe, there are other causes of corruption in Russia - more of a national character. Consider them.
According to one of the most widespread versions, the reasons for corruption in our country should be sought in the traditions accepted in society, as well as the logic of the country's political and socio-economic development.
The fact is that historically Russia is a state,in which the institution of law, in the form in which it was adopted in Western countries, for a long time was not perceived by citizens. Russian people preferred to live in justice, and not according to written laws. In extreme cases - agreed to the court. But not according to the letter of paper rules. In Soviet times, the researchers believe, this social attitude has somewhat changed. Significant interference of the state in the life of the society and economy led to the publication of a large number of regulatory standards, regulations, and expanded the legislative base. As a result, the Soviet people more or less began to get used to living still according to the law. Due to the authority of the party, supported by sufficiently high economic results, stable positions of the country in the international arena, the citizens of the USSR preferred not to violate the norms prescribed by the state. Therefore, the level of corruption in the USSR, according to many researchers, was low. Such kind of phenomena, of course, were (at least at the level of the shadow economy), when certain material resources were distributed outside state channels, the only officially permitted. But the systemic nature of the problem of corruption in the USSR, as many analysts believe, still did not. At the same time, there is a version that in the Soviet time the authorities still did not need to take the economy completely under their control. Private industry, experts say, should be solved - at least in the simplest forms. This would make the adaptation of many categories of citizens to the new realities that came about in the years of perestroika much softer.
When the Soviet Union entered a crisis phasedevelopment, with which it is customary to identify Perestroika, the authority of the state and the party began to decline steadily. The economic factor also played a role - the standard of living of people fell. In the aspect of politics - internal, international - the state has essentially passed in positions. As a result, people began to return to the "traditional" perception of politics, social processes, business - outside the standards of law - when you need to act on a piece of paper.
The main causes of corruption in Russia areThis is a sharp transition from one model of the state to another, accompanied by some historical traditions, accompanied by unpreparedness of society and, to a large extent, political power. The considered phenomenon, experts believe, is prone to growth in almost any country where the corresponding transformations take place. Corruption is not avoided by the party, analysts believe, as well as the developed countries, many of whom are now experiencing credit and financial problems, and are therefore thinking about revising the current concepts of economic development, and therefore are also in the stage of some transit. However, in Russia, as is known, not only economic, but also political system was replaced. As a result, the contrast between the concepts of governance and development is much greater than in Western countries, and the dynamics of corruption growth (as a result) are higher.
Experts identify factors that arethey interfere with the implementation of anti-corruption measures and at the same time affect the aggravation of the corresponding problem. First and foremost, this is an imbalance between the interests of government and business in the non-primary sectors. Difficult conditions for doing business: a high level of government intervention, difficult access to credit - help the business seek additional preferences through corrupt activities.
Another problem is the lack of explicit, in the opinion ofa number of analysts, the state's interest in the fact that the very "tradition" peculiar to Russians historically has been replaced by a high legal culture. Therefore, the society can not always choose the mechanisms of interaction with the authorities, which are alternative to those that are typical for many areas of the country's socio-political and economic development today.
However, in the 2000s, the socio-political andthe economic situation in the Russian Federation has stabilized. On indicators of the quality of life of citizens, activities in the political arena, Russia largely restored the positions reached in the USSR. At the same time, the problems of corruption in the Russian Federation remained. This is connected, the researchers believe, with the incompleteness of a full-fledged economic transit - the transition of Russia from a socialist model of development to a predominantly capitalist one. Mostly, analysts say - in terms of the quality of legislation, as well as the effectiveness of the work of political and public institutions. The Soviet principles of political management and legal registration of various types of legal relations are outdated. Legislation in the sphere of business was developed almost from scratch - there was no private business in the USSR for several decades. As a result - society, power, business in a number of ways began to develop through trial and error, the side effect of which was corruption.
However, in recent years, as believedsome experts, the situation began to improve. The legislative base was improved, first of all, reforms were carried out in a number of government institutions. Consider the legal aspect in more detail. The problems of corruption, as we have already noted, in modern Russia are largely due to the prolonged crisis of regulatory regulation of key public institutions.
What sources of law can you pay attention to? One of those we already mentioned above is the RF Federal Law on Corruption. But it is not the only normative legal act and the source of the implementation of the relevant directions in politics in the organizational aspect. Before the full-fledged RF law on corruption appeared, the authorities developed a national strategy to counteract the phenomenon under consideration. Another important source is the national plan for 2014-2015, which also provides for the work of state institutions in the direction of combating corruption. We will study general information about the mentioned legal acts.
Historically, the very first source - the Federal Law oncorruption, adopted on December 25, 2008. It is considered the fundamental normative acts in the Russian Federation, which establishes key principles aimed at counteracting the phenomenon under consideration, as well as an organizational basis for preventive measures against it. Also, this law on corruption includes provisions aimed at eliminating the possible consequences of the relevant type of offense.
Another important legal act is the Nationalanti-corruption strategy. In terms of status, it is a presidential decree. This document was signed on April 13, 2010. By lawyers, it is characterized as a more than a software source whose wording is aimed at eliminating the key factors that form the basis for the emergence of corruption in the country. It is assumed that the provisions of the National Strategy will be concretized over time, based on objective socio-political and economic realities. This program document reflects aspects of countering corruption at all levels of government - federal, regional, municipal.
Supplements the law on corruption, as well asThe above mentioned program document is the National Plan of the corresponding orientation. It was adopted on 11/04/2014. This is one of the newest sources of anti-corruption orientation. The national plan, like the strategy, has the status of the Presidential Decree.
Lawyers describe it as a sourcebecome an effective tool for implementing the same strategy. It is assumed that this document will fix the list of acts aimed at combating corruption, identify specific individuals responsible for their implementation, as well as ways of practical implementation of activities carried out for the relevant purpose.
How effective is the current anti-corruptionpolicy pursued by the Russian authorities? The opinions of experts on this issue vary widely. There are those who believe that the legislative aspect of state policy alone is not enough. Even if the law has some article on corruption and the envisaged measures of responsibility - this fact, experts believe, has a very indirect effect on the system causes of the phenomenon under consideration.
It is necessary to actively work not only indirection of lawmaking, but also pay attention to the education of new values in society, and also, not least, the training of managerial personnel for whom corrupt practices will not be held in high esteem. Thus, the measure of limiting illegal actions should be not only the article on corruption stipulated in the laws, but also models of public behavior that encourage some citizens to interact with their compatriots, power structures and entrepreneurs within the framework of the law.
A significant amount of work, analysts believe,lies also on business. Private companies constitute a significant percentage of Russian employers, which means that they significantly influence society through internal corporate mechanisms. Economic corruption in forms that are peculiar to businesses can be significantly reduced if companies start cultivating among their own employees views that facilitate the resolution of issues of interaction in the private sector, as well as with government agencies in a legal manner. The success of business policy in this direction, experts believe, will positively affect the trends reflecting the perception of corruption by society as a whole.