Corruption is present in most economies around the world, including the most developed and organized country.In states where the economic system is undergoing a process of development, such phenomena are often not just felt, they directly affect the prospects for political development.In Russia, corruption forms recognized by many experts and social activists problem to solve that, based on the extent of related issues, will probably have to state.What are the practical instruments of the Russian authorities to counter this phenomenon?What are the sources of law are the basis of the activities of agencies associated with this area of work of public administration?
The urgency of combating corruption
Corruption should be realized, of course, in any country in the world.However, of particular importance to the fight against this phenomenon has to States with developing social and economic systems in a state of transit, find their path of development, which, in all probability belongs to Russia.
effective fight against corruption in our country - one of the prerequisites for the further modernization of the political system, the improvement of the economic model so that the crisis trends were not as noticeable as in some areas there today.The most important criterion - the implementation of appropriate policies at the level of the higher authorities, that is, in the aspect of development and skilled execution of the laws that regulate anti-corruption measures.Such sources of law in Russia is.We examine their essence.
Anti-corruption laws
Among the sources of law governing the issues of anti-corruption policy, it is worth noting:
- FZ "On Combating Corruption";
- National Plan signed by the President of the Russian Federation;
We begin the study of their features from the second source, since its publication preceded the adoption of the first.Fighting Corruption in Russia (according to the document) - it is a necessity due to the fact that such negative phenomena prevent the Russian economy and society develop effectively.We study the structure of the National Plan.
National Plan
document in question consists of several sections.In the first in a row to the necessity of legislative measures aimed at combating corruption.It is worth noting the adoption of the Federal Law, which we have named above, it was announced in the National Plan.In the first section of the document was given to the definition of what is a fight against corruption, what kind of measures should be implemented within the framework of the relevant activities and by whom.Also in this part of the document we were presented the necessary tasks of the state.We consider this aspect in more detail - he is considered by many experts to be one of the key in the overall spectrum of anti-corruption initiatives of the authorities.
state anticorruption policy
anti-corruption, thus, largely took to solve the Russian state in the face of higher institutions of power.The National Plan, which we are now considered to have been presented the following conceptual abstracts, reflecting trends in this field.We list the main:
- improve the structure of government, entrusted to the optimization for each office;
- need to develop anti-corruption measures at the level of an environment in which labor and perform their duties employees of state and municipal authorities;
- approval of a special kind of anti-corruption standards, depending on the specific areas of social activity;
- guarantee access to justice, improving the mechanisms for dealing with disputes out of court.
Also, some experts believe the most important area of the state anti-corruption policy (as indicated in the relevant section of the National Plan) improvement of key legislation, such as, for example, the Criminal Code, with emphasis on tightening sanctions related to corruption offenses.
In Search of Excellence system
next element of the structure of the National Plan - a section number two.It has been stated the essence of what must be done to combat corruption measures, reflecting the very mechanism of improving governance structures.What kind of activities have been noted in this section of the National Plan?Mainly, the predicted concentration of efforts towards the use of state and municipal property, to promote competition in the economy, improving the mechanisms for public procurement and government contracts, the development of inter-model revealing corruption phenomena.
lawyer should be qualified
next group of measures, which includes the National Anti-Corruption Plan, set out in the third section of the document and is associated with an increase in staff training in the field of law, as well as carrying out work to improve the legal culture of citizens of the Russian Federation.Thus, there were identified two areas of work.In the first (with regard to skills development) suggested that it would be strengthened in the first state control over the way the institutions work, preparing lawyers.In the second area of work it has been planned that the population of the Russian Federation will be able to replenish their knowledge in the field of legal issues through specialized media resources.
Federal law
In 2008, the Federal Law on combating corruption (in the framework of the practical implementation of one of the tasks set out in the National Plan).Actually, many of the theses that we outlined above, have received appropriate legal status at the official level.Therefore, we will not delve much into the theory, and move on to the practical issues related to law enforcement, reflecting the effect of the Federal Law under consideration.
ambiguity of interpretations
is the thesis according to which the Federal Law, referred to, contains provisions in these terms, that their practical application in some cases can be selectively (and sometimes interpreted the relevant provisions are ambiguous).That is the legal fight against corruption is aimed, according to some experts, in many ways to achieve some resonance effects, seen in the high-profile cases and show trials, but systemic problems are mediocre.
There is also another set of problems.In some cases, the authorities involved in the enforcement practice of the subject Federal Act, apply its rules, from a formal point of view, is true, but in fact is not quite appropriate.
example, the case when several major Russian airlines to hire former employees of state agencies, forgot to notify their previous employers, thereby violating the rules of law were fined as a result.The sphere of combating corruption, as some analysts should not make exceptions in terms of fixing the violations and respond to them.However, the emphasis in the conduct of the relevant activities of the competent authority should arrange the most competently.That is, for example, if all the available human and organizational resources departments to forward to identify correctly drawn up labor contracts, real, significant violations is simply no one to deal with.
statistics should be correct
Another aspect of - statistics.If it is made on the basis of precedents, such as those that have been recorded in the case of airlines - of course, the figures can not be interpreted as reflecting the success of the authorities in the conduct of anti-corruption policy.It is necessary that the statistical data reflecting the results of the relevant activities were representative.And it depends on, analysts say, not only on the wording of the law, and on the ability of the competent authorities correctly emphases in their activities.Although, there is an opposite point of view on this matter.It is based on the priority of the mechanism of reading and not on the interpretation of laws.That is, the penalties that have been imposed on airlines fully valid (based on direct regulations mentioned in the sources of law).All questions must therefore be a legislator.
Commitments business
interesting fact is that set out in the federal law an action plan to combat corruption requires to participate in the practical improvement of social and economic environments in terms of combating this negative phenomenon not only public, but also other institutions that are not directly relatedto the power system.First of all, it's a business.Companies, according to a number of provisions in the sources of law, are required to develop and implement preventive measures related to anti-corruption.Which for example?As an option - the company can develop internal regulations on combating corruption, to develop a code of ethics, which reflects the communion of employees with public authorities.
However, as noted by several lawyers, responsibility for default provisions in question, is not clearly defined in the sources of law.This, incidentally, is another example of the lack, according to some experts, the elaboration of the legislation.Indeed, if a company, for example, did not organize its structure in anti-corruption department, say, or not to develop a code of ethics - no agency, based on the norms of the law, it has no right to oblige the company to make the necessary steps.But, anyway, the company is obliged to fulfill them.She can do this, for example, using the recommendations developed by the Anti-Corruption that represent a list of key principles, which makes sense to stick to businesses wishing to fight the negative phenomenon in question.But, as we said above, the company has the right to develop their own local rules of the respective purpose - to create, for example, position, or order on combating corruption.
What can I give?
proceed to investigate the practice of specific provisions of the Federal Law "On Combating Corruption".Interesting provisions contained in Article 17 of the law.It says that the official has no right to receive compensation for the performance of its functions, expressed in the form of money, gifts or other preferences.If a citizen or entrepreneur still presented some state employee value - he is obliged to transfer it by issuing the respective Act, the federal property.But there is an exception: if the value of the gift - at least 3 thousand. Rub.
What happens if you take the value of an official, the cost of which is known (with high probability) exceeds the amount of?In this case, it can be qualified as an official receipt of bribes (and its transfer, respectively, an individual or organization).The result - more likely, against the violators will be issued imposing the fine.
Anti-corruption policy: foreign experience
How is the anti-corruption policy in other countries?Some experts recommend to pay attention to Hong Kong.To work in this country Anti-Corruption Commission, according to many analysts, is one of the most efficient in the world of their profile.This Office has developed a number of theses and recommendations concerning the conduct of effective measures towards combating corruption phenomena.They are applicable, experts say, not only in one country of the world, and virtually any modern state.What is offered by experts on anti-corruption in Hong Kong?Literally following:
- authorities responsible for anti-corruption policy should be independent from the executive branch, excluding the highest official of the state;in the case of Russia, the president is - it only the relevant departments should be accountable;
- in the direction of personnel policy in the public service must respect the principle of selection of the most suitable candidates, and retain the best talent;
- authorities responsible for fighting corruption should have greater powers in order to uncover possible violations;
- in the country must be a system of strict public supervision over the work of the agency responsible for the relevant area of work;
- activities of anti-corruption bodies should be commensurate with the country's budget possibilities.
far as the Russian National Anti-Corruption Plan is similar to the corresponding recommendations from Hong Kong?An unambiguous trend, reflecting the views prevailing in the expert community, find difficult.But if you examine certain provisions of the Law, as well as the National Plan, the similarity of certain criteria set out in the Russian language and the right sources that we quoted above, it is still possible to fix.For example, theses concerning the personnel are very similar in Russian and Hong Kong version.
social factors
From what success may depend on the practical implementation of the state anti-corruption policy?Experts believe that this is largely determined by the ability of the authorities to build a dialogue with society as a whole or in its individual environments.It often happens that new legislation aimed at combating corruption, is accompanied by excessive bureaucracy in government departments, sometimes - in areas where this kind of phenomenon, and not desirable.For example, in the field of education.Combating corruption in the school or kindergarten, this phenomenon, as experts believe, are not always appropriate to put on a par with the policy of preventive measures against the authorities, such as those associated with the budgetary and administrative tasks.
What should be a specialized body?
Despite the fact that Russia's fight against corruption - a process regulated at the level of federal legislation in our country still does not have a separate body (as in Hong Kong scenario), which would be solely responsible for the implementation of relevant public policies.Is the Anti-Corruption Office of the President of the Russian Federation, but the status of a separate authority it has.Among experts there is the idea that such an agency would be useful to create.
Thus, analysts say, the legislator should be particularly balanced approach to the question of vesting of such authority powers.That is, for example, giving it functions "police" character (arrests, etc.) power can provoke a certain rate differences between the activities of employees of the agency and the existing power structures, experts say.
important, analysts say, is still to focus on proactive rather than reactive actions.Closely intersecting phenomena such as economic security and anti-corruption.We are talking about the fact that, in practice, carried out not only to ensure adherence to the norms of the law, but also respect the interests of businesses, which play a crucial role in the construction of the economic system of the state.Recall the case of airlines - seemingly the authority to hire employees rests entirely on the internal structures of corporations.However, the law provides for a rule that allows the state to legal principles, albeit in a restricted mode (through fines), but still interfere in the affairs of private companies.
in the work of a single anti-corruption body, which may have to create a Russian legislator important aspect of social control.
