DOI: 10.7256/2454-0692.2016.6.17545

Abstract: The author considers such aspects of the topic as international legal standards of the struggle against corruption in the social sphere. Despite the serious character of the problem of corruption-related crimes in the social sphere – especially in the developing states – the existing international statutes consider the struggle against corruption in general, not paying any special attention to the corruption in the social sphere. Corruption in the social sphere is in the focus of specialized universal institutions, working in the social sphere (WHO, UNESCO); it is regulated by regional and supranational legislation. The author applies the set of general scientific and special methods of cognition of socio-legal reality. The research methodology includes the dialectical method with the typical requirements for objectivity, comprehensiveness, historicism and the solidity of truth. Among the most topical tendencies of international statutes development in the field of the struggle against corruption (including the corruption in the social sphere), the author names the involvement of non-governmental organizations and the strengthening of anti-corruption impact on commercial entities; the extension of the notion of corruption on illegal actions of officials of commercial entities along with the actions of public officials. The author notes that for the purpose of the struggle against corruption, international law counts upon the criminalization of corruption-related activities of legal entities. This fact is of a special importance for the social sphere. 

DOI: 10.7256/2454-0595.2016.5.17323

Abstract: Corruption in health care is not limited to damaging legal activities of public authorities, local authorities, state and municipal organizations, state corporations, Armed Forces of the Russian Federation, other troops and military units of the Russian Federation, but influences directly the condition of observance of citizens’ rights for health protection and finally the preservation of life. The problem of corruption crimes in health care hasn’t been sufficiently covered in the scientific works. The research object of this paper is the range of social relations protecting legal activities in health care. The author considers the corruption crimes statistics, studies the examples of judicial and investigatory practice. The author forms the list of corruption crimes in health care. The obtained results are compared with the empirical data of studies of other scholars in the related subjects. The author uses the set of general scientific and special methods of cognition. The author ascertains the fact that neither the existing legislation nor law enforcement practice can effectively resist corruption so far, particularly in health care. Therefore it is necessary to continue studying the problems of corruption crimes qualification in the social sphere, including health care, and the reasons and conditions furthering them. 

DOI: 10.7256/2454-0692.2016.5.17546

Abstract: The article studies corruption-related crimes in the social sphere. The author notes the common feature of corruption-related crimes in this sphere in Russia and abroad – the absence of special components of corruption-related crimes in the social sphere. Indeed, the legislation of Russia and foreign state doesn’t provide special components of corruption-related crimes in the social sphere. The only exceptions are the acts of corruption in particular public functions (for example, in delivery of justice). In such cases, special components of corruption-related crimes are separated on the base of the peculiarities of a subject or an object of a crime and are limited to performing the functions in the sphere of delivery of justice, electoral law, military service, etc. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author applies general scientific methods, including the methods of analysis, synthesis, comparison and measurement. Among special methods, the author uses formal legal and comparative legal methods. The author finds out that in the states with the prevailing private sector of the economy, there are practically no corruption-related crimes on the basic level, i.e. on the level of interaction between a student or a patient with a teacher or a doctor, since most corruption-related crimes are committed on the level of subjects interacting with public authorities (private clinic, private educational institutions, etc.). 

DOI: 10.7256/2306-9945.2015.5.18067

Abstract: In the last 5-7 years the current criminal law has been supplemented with a significant amount of regulations imposing liability for particular types of commercial crimes. This situation arouses concern. Criminal legislation is traditionally considered as one of the conservative branches of the Russian law system, therefore the frequent changes and supplements to the Russian criminal law can indicate the lack of clear understanding of the goals of the contemporary criminal policy and (or) the means of their achievement. The authors study the issues of the correct use of the components of legislative technique in the provisions of particular regulations of criminal legislation on commercial crimes. The authors apply the set of general scientific and special methods of cognition. On the base of the research of particular articles of chapter 8 of the Criminal Code of the Russian Federation the authors conclude about the poor quality of these regulations. The analysis shows that many rules of legislative technique have been broken in the process of describing legally relevant elements of socially dangerous deeds. This circumstance causes the possibility of ambiguous interpretation and improper practical application of criminal regulations on particular commercial crimes.