Abstract: This article presents the results of the 5th Siberian Anti-Corruption Forum “Anti-corruption security: determination of threats and strategy for counteraction, held in Krasnoyarsk on December 19-20, 2019. The dialogue was organized by the Center for Combating Corruption and Legal Expertise, Law Institute of the Siberian Federal University, Governor’s Office of Krasnoyarsk Krai, Procesutor’s Office of Krasnoyarsk Krai, Administration of the Ministry of Justice of the Russian Federation for Krasnoyarsk Krai, Krasnoyarsk Regional Office of the Association of Lawyers of Russia, and the Union of Criminalists and Criminologist. The rich program of the event allowed representatives of the scientific-practical community to discuss the phenomenon of security within the applied anti-corruption aspect. The following were key topics of the scientific-practical dialogue: the concept and content of anti-corruption security as a scientific category; determination and classification of the threats to anti-corruptions security; system of ensuring anti-corruption security; improvement of federal anti-corruption policy for ensuring anti-corruption security; state and trends of corruption crimes; subjective and objective determinants of corruption crimes; anti-corruption behavioral standards as the main rules of anti-corruption security; reserves of civil society in ensuring anti-corruption security; identification and overcoming corruption stereotypes in mass consciousness; stimulation of anti-corruption behavior as an alternative to legal responsibility for commission of acts of corruption.

DOI: 10.7256/2454-0706.2019.12.31871

Abstract: Openness in the work of state and municipal authorities and organizations is one of the basic principles in corruption prevention. The subject of this research is the normative acts and local normative acts that regulate the transition from paid to free education. Special attention is devoted to the analysis of the extent and accessibility of corresponding information on the official websites of federal universities. In the aspect of determination of anticorruption reserves, the research examines the state of the information, procedural and participative openness of this transition (on the example of federal universities). The conducted research allows concluding that federal universities generally ensure openness in the procedure of transitioning from paid to free education. At the same time, some colleges initiatively strive to provide full range of information needed for the students to transition to the free education. The level of procedural and participative openness differs from university to university.

DOI: 10.7256/2454-0706.2019.12.43301

DOI: 10.7256/2454-0706.2019.8.30324

Abstract: The subject of this research is the legislation of the Russian Federation on countering corruption, bylaws and departmental normative legal acts containing provision on corruption prevention, materials from the legal precedent, as well as the works of the national experts on criminology and criminal law. The article explores the approaches towards determination of the role and place of anti-corruption programs within the system of counteracting corruption, and analyzes its current state. Special attention is given to the characteristics of the object, subjects, and corruption prevention measures in the area of education. The author comes to the conclusion that anti-corruption programs has its peculiarities with regards to education management system and organization of educational activities. At the same time, within the framework of education management system, it is characterizes by the uniform, consistent and centralizes work of the authorized subjects on corruption prevention. While in the field of organization of educational activity, there is no systemic precautionary approach. The author believes that for improving the efficiency of anti-corruption programs in educational institutions it is necessary to determine the basic conceptual directions, provide methodological support along with coordination of this activity by the government and municipal authorities that control the sphere of education.

DOI: 10.7256/2454-0706.2019.8.43261

DOI: 10.25136/2409-7136.2019.7.30358

Abstract: The matter under research is openness and availability of information about the law-making process of local authorities based on the example of municipal units of the Krasnoyarsk Region. By applying the continuous reading method, the authors of the article have carried out monitoring of availability and contents of official web sites provided by 88 municipal units (44 municipal regions, 17 urban districts and 27 municipal settlements). Within the framework of the research, the authors have discovered a number of criteria that may be used to evaluate accessibility and сonveniency of using these sites for legal information inquiries. The results of the analysis demonstrate that there is access to information about municipal legal acts posted on official sites of local authorities. In the course of their research the authors have applied dialectical analysis method as well as a number of private research methods such as structured systems, formal law methods (deduction, induction, definition and division of definition), statistical observations, summary, groupping and oethers. As a result of the research, the authors have defined qualitative and quantitative indicators of openness and availability of information about rule-making processes of local authorities. They have also described gaps and defects of the process of posting such information that violate the anti-corruption principle of publicity and openness of local authorities' activities. The authors make conclusions aimed at execution of citizens' constitutional right to information about activity of local authorities.

DOI: 10.25136/2409-7136.2018.12.28548

Abstract: The subject of the research is the legislation about education and anti-corruption measures as well as local regulatory acts of higher education establishments. The authors of the article analyze the current state of the legal regulation of the state final certification procedure carried out at schools or universities (federal universities) for the purpose of discovering corruption risks. The authors focus on the discovery of corruption risks at each stage of state final certification (preparation, conduction, follow-up of results, and appeal) and development of prevention recommendations. In the course of their research the authors have used the dialectical research method as well as structured systems approach, comparative law, formal logic and others. The results of the research demonstrate that the preventive anti-corruption potential of local acts regulating the state final certification procedure at universities is way below the established procedure of state final certification (Unified State Exams at schools). The authors describe the main corruption risks that may arise at different stages of state final certification at school or university and make suggestions on how to improve the legal regulation of state final certification procedure taking into account the successful experience of the legal regulation of the aforesaid certification procedure.

DOI: 10.7256/2454-0595.2018.6.26763

Abstract: The subject of the research is the statutory provisions of the Russian Federation legislation on corruption prevention, regulatory and departmental normative legal acts as well as local normative acts that focus on the contents and anti-corruption education procedure. In his research Damm focuses on legal and organising capacities of a higher educational organisation to implement anti-corruption education. The researcher pays special attention at describing successful practices of anti-corruption educational activities oriented at both educational organisation employees and students. In his research the author has used the dialectical research method as well as structured system analysis, formal logic method, and others. The research carried out has demonstrated that educational organisations face difficultis of methodological, legal and organisational nature when they implement anti-corruption education. In his research Damm describes the basic trends of the Siberian Federal University in anti-corruption education of employees and students, defines the key problems and offers his solutions thereto.

DOI: 10.25136/2409-7136.2018.5.26711

Abstract: The subject of the research is the regulations and laws of the Russian Federation that set forth an order of secondary employment at a higher educational organisation as well as researches, legal acts and law enforcement act devoted to the question of prevention and management of conflicts of interests. The authors focus on cases when a conflict of interests may arise because an individual works as a head of an educational organisation (rector or vice principal) and as a professor (department head) at the same time. In their research the authors have used the dialectical research method as well as structured-system, formal law and other methods of research. The results of the research cast light on the drawbacks of the legal regulation and methodological support of prevention and management of a conflict of interests in cases when an individual works as a head of an educational organisation and department head at the same time. The fact that there are no official explanations or recommendations of the federal authorities regarding the problem as well as contradictory judicial practice prove the importance of such analysis of corruption in social relations in cases of internal secondary employment at a higher education institution.

DOI: 10.7256/2454-0668.2018.4.27591

Abstract: The subject of this research is the criminological literature and legislation of the Russian Federation on counteracting corruption, bylaws, and departmental normative legal acts that contain regulations on corruption prevention. The article examines the approaches to determination of the role and place of corruption prevention within the national criminological doctrine and legislation, as well as studies the correlation of the concepts of “prevention”, “fight” and “counteraction” of corruption. Special attention is given to the general characteristic of the object, classification of subjects, and corruption prevention measures. The conducted research allowed revealing the features of corruption prevention and determining its place within the system of conceptual coordinates of counteracting corruption. Study of the approaches to understanding of prevention, as well as the peculiarities of this type of preventative activities in counteracting corruption, allowed enunciating the concept of corruption prevention. The author provides characteristics to the object, subjects and basic measures aimed at prevention of corruption crimes, as well as suggests their classification.

DOI: 10.7256/2454-0668.2018.3.26461

Abstract: The subject of this research is the legislative regulations of the Russian Federation on education, anti-corruption management, bylaws and departmental normative legal acts, as well as the local normative acts of educational organizations that enshrine the anti-corruption security measures. The article carefully examines the role and place of anti-corruption security measures within the corruption prevention system. The author demarcates the security measures and other preventative measures (social preventative measures, compensation measures, and responsibility measures). Particular attention is given to classification of the anti-corruption security measures in the sphere of education. The conducted research allows determining the characteristic features of security measures in educational sphere, as well as formulate their definition. An important methodological importance for ensuring the systemic approach within the framework of corruption prevention in the sphere of education consists in allocation of the security rules and security sanctions in the content of security measures in the sphere of education. Unlike the responsibility sanctions (punishment), the implementation of security sanctions in educational sphere does not require the determination of all constituent elements of the corruption-related offence (legal infraction). The ground for implementation of anti-corruption security sanctions in the sphere of education is the occurrence of legal fact stated in the security rules. The anti-corruption security rules in the sphere of education encapsulate the anti-corruption responsibilities, prohibitions and limitations established with regards to the employees of educational sphere.

DOI: 10.25136/2409-7543.2018.3.26684

Abstract: The subject of this research is the researches of Russian scientists, statutory regulations of the Russian Federation law on corruption counteraction and other legal acts. Damm analyzes the issues of conceptual and categorical framework of corruption counteraction. There is a common belief that the criminal science does not have an agreement regarding the terms that describe the combination of measures and responses to crime. However, there is a certain consistency in such legal definitions as 'counteraction', 'prevention', and 'fight against', at the same time the correlation between terms 'prevention' and 'preventive measures' is rather unclear. In his research Damm has applied the dialectical method, structured system and formal law research methods. Based on the analysis of approaches to the definition and correlation of aforesaid terms in criminology and legislation, the author concludes that criminology mostly uses the term 'prevention' as the general term. Criminology uses both terms, prevention and counteraction, to describe corruption, while legal researches mostly use the term 'counteraction'. In its turn, the use of the term 'corruption counteraction' as a general term, as well as its definition, are good findings of the law.

DOI: 10.25136/2409-7136.2018.2.25488

Abstract: The subject of the research is the provisions of the anti-corruption law of the Russian Federation, sublegislative and institutional legal acts as well as local regulations and provisions of the code of ethics that fix anti-corruption standards of educators' behavior at higher education establishments. Damm examines current tendencies in developing anti-corruption standards of behavior in the field of education that have been established for educators of higher education establishments. The author applies the dialectical research method as well as system structured analysis, formal logic, etc. The results of the research demonstrate that there are no single anti-corruption standards of behavior for educators of higher education establishments. Anti-corruption standards of behavior are set forth by sublegislative legal acts and departmental regulations set forth by the Ministry of Education and Science of the Russian Federation only for educators who manage educational establishments. Anti-corruption standards, restrictions, guidelines for other educators are set forth by an educational establishment itself through the codes of ethics and local regulations. According to the author of the article, in oder to prevent corruption at higher education establishments, it is necessary to fix single anti-corruption standards of behavior at the federal level, develop local legal acts that would guarantee observation of anti-corruption standards of behavior; to carry out relevant training for educators aimed at explaining these standards, procedure and responsibilities.

DOI: 10.7256/2454-0668.2018.1.25323

Abstract: This article presents the results of work of the third Siberian Anti-Corruption Forum with international participation “Anti-corruption Security of Electoral process: State and Prospect” that was held on December 7, 2017 in the Siberian Federal University (Krasnoyarsk). Rich program of the event allowed viewing the key problems of examination and prevention of corruption in electoral process form various perspectives. Among the forum participants were the leading Russian and foreign scholars, heads and employees of the law enforcement agencies, representatives of government authorities, mass media, and civil society institutions. The key topics of the scientific practical dialogue became the general questions of corruption control in the Russian Federation, as well as specific issues of examination and organization of prevention of electoral corruption. The forum participants have discussed the major trends in development of the state anti-corruption policy in the area of protection of electoral rights of the citizens; formulated a number of propositions aimed at increasing efficiency of preventing corruption during the organization and conduct of elections; as well as acknowledged the need for implementation of the extensive anti-corruption awareness and education program for the majority of subjects of the electoral process.

DOI: 10.7256/2306-9945.2018.1.26070

Abstract: Most of participants in the educational relations take a number of educational traditions as a norm, however, some of them are of a corruptive nature. The present article is devoted to particularities of corruptive tutoring as well as the main preventive measures that can be undertaken. Based on the analysis of related laws and regulations, the author of the article differentiates between legal and illegal tutoring. Damm pays special attention to typical features of corruptive tutoring and what makes it different from other unlawful acts. The author gives examples of bringing to criminal liability for corruptive tutoring in the most dangerous forms thereof. In the course of the research the author uses the dialectical research method, structured system approach, formal logical and other research methods. The analysis carried out allows the author to give a definition of corruptive tutoring and describe the most typical features, forms and kinds of corruptive tutoring. The results of the analysis of laws and local acts of education organisations of different kind demonstrate that certain measures to prevent corruptive tutoring are undertaken yet not systemic.

DOI: 10.7256/2454-0706.2017.12.25104

Abstract: The subject of this research is the norms of anticorruption legislation of the Russian Federation, bylaws and departmental normative legislative bills, local normative acts of organizations, as well as positions of the codes of ethics of universities, setting anticorruption standards of conduct for the educators. The article carefully examines the current trends in formation of the anticorruption standards of conduct in the education sphere. Special attention is given to the establishment of anticorruption responsibilities, prohibitions, limitations and recommendations placed on the individuals carrying out the executive functions in educational institutions. The research allowed concluding that there are currently no unified anticorruption standards of conduct for members of educational institutions. With regards to a small circle of individuals carrying out the executive functions in educational institutions, the anticorruption standards of conduct are set by the orders of the Government of Russia, as well as departmental orders of the Ministry of Education and Science of the Russian Federation.

DOI: 10.7256/2454-0706.2017.12.43125

DOI: 10.7256/2454-0706.2017.8.23638

Abstract: The subject of this research consists in ensuring openness and accessibility of the municipal normative legal acts for citizens, organizations, state authorities, local self-government, and independent experts. The authors examine the merits and flaws of the possible ways for obtaining legal information by the concerned parties, among which are: search for the official printed publications of local self-government bodies in the archives of libraries; search on the official websites of the local self-government; search in the register of municipal normative legal acts of constituents of the Russian Federation on the website of the Ministry of Justice of Russia; sending of personal request to the bodies or officials of the local self-government. The conducted allows establishing that none of the existing methods of obtaining normative and legal information regarding the activity of local self-government does not ensure fast and convenient access to the total volume of the municipal normative legal acts of a specific municipal entity in existing version. The authors conclude that it is necessary to create an electronic information system that allows the local self-government bodies to store, systematize, and update the normative legal acts, as well as provide open access to all parties concerned.

DOI: 10.7256/2454-0706.2017.8.43090

DOI: 10.7256/2454-0595.2017.3.22334

Abstract: The paper studies Russian statutory instruments regulating the procedure of conflicts of interest prevention and management by the head of a municipal unit and a city district. The authors consider such aspects of the topic as the formalization of the responsibility of the head of a municipal unit to inform about personal interest in official duties, which causes or can cause the conflict of interest, and the problems of performance of such a responsibility. Special attention is paid to the analysis of the possible directions of development of federal legislation related to the procedure of informing about the conflict of interest by the highest officials of municipal units and city districts. The authors apply the dialectical method of cognition, and the system-structural, formal-logical and other methods. The authors conclude about the lack of normative formalization of the procedure of reporting about the conflict of interest by the highest officials of municipal units and city districts. The official (body), which should be informed, the terms, the form, the procedure, and the results of consideration of such reports haven’t been regulated. At the same time, the failure to perform such a responsibility is the reason for the resignation of the highest official of a municipal unit or a city district. The authors consider different variants of possible behavior of the highest official of a municipal unit or a city district in case of the situation of the conflict of interest, and offer the ways to eliminate this legal gap.