Administrative and municipal law - rubric Public service, municipal service and issues in the fight against corruption

Abstract: Due to the development of information development processes in the sphere of public management civil officers get involved into the system of information legal relations. Therefore it is almost impossible to image their control, supervisory, permissible and jurisdictional activities without necessary information. Taking this fact into account, it seems necessary to develop a new model of administrative law regulation of information legal relations in the system of civil service which would take into account the new issues of global information development of the modern society.

Keywords: service, officer, security, information, information system development, management corruption, support, control, procedures.

Abstract: The article considers legal and organizational issues of anti-corruption measures in the state service system. The author shows a great role of supervisory commissions on state officers’ behavior at work.

Keywords: corruption, anti-corruption measure, conflict, commission, struggle, rating, state service, state officer, minimization of corruption, corruption risk

Abstract: The article studies the legal and organizational issues of implementation of state service principles in anticorruption management. It is also underlined that the process of reformation of state service resulted in formation of state civil service as a form mf state service, construction of the system of federal state civil service and state civil service of the Russian Federation constituents, enforcement of principles of interactions between state civil service and municipal service and beginning of transformation of military services. Adoption of new police laws also realized suggestions on formation of legal grounds of law-enforcement services.

Keywords: service, officer, service officer, carrier, management, corruption, mechanism, principle, control, publicity, organization.

DOI: 10.7256/2454-0595.2013.1.62048

Abstract: The article describes legal mechanisms of corruption management in the Russian Federation. In the author’s opinion, the most efficient anti-corruption measures are legal measures. The author analyzes regional experience of anti-corruption law based on the example of the Republic of Tatarstan. Particular attention is paid at the questions of corruption management in the sphere of civil service.

Keywords: corruption, anti-corruption policy, regional anti-corruption policy, corruption management, anticorruption law, state service, public officer, legal measures, legal mechanisms.

Abstract: The article views the legal, organizational and information problems of anti-corruption measures. The author of the article analyzes the problems of anti-corruption expertise as well as the procedure of such an expertise. The article also covers the problems of enforcement of the law on anti-corruption measures at the federal level

Keywords: corruption, expertise, corruption risk, information, information support, portal, website, access

Abstract: The article provides an analysis of law enforcement and theory issues that arise when a punishment for corruption forgeries is imposed. Based on the thesis that the fairness of punishment depends on the nature of crime and its threat for the society as well as circumstance of the offense and personal traits of the guilty, the authors recommend certain changes in the current legislation on this matter.

Keywords: punishment, corruption, forgery by an official, problems, criminal responsibility, total, criminialization, court practice.

Abstract: The article is devoted to the procedural grounds and judicial review of the obligatory decisions of the Commissions on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff and Conflict of Interests Regulation. The authors singles out the following grounds: a) unlawful composition of the Commission when hearing a case and making a decision; b) dealing with the case in the absence of any parties to the case, who was not duly notified on place and date of the hearing at the Commission; c) the decision of the Commission, which was made without due inquiry into all of the relevant circumstance.

Keywords: state service, municipal service, conflict of interests, municipal officer, state officer, corruption, fighting corruption, address, the Commission on Compliance to the Requirements to Staff Behavior of State Civil (Municipal) Staff

DOI: 10.7256/2454-0595.2022.3.38519

Abstract: The subject of the study is the norms of Russian administrative law regulating the obligation for state and municipal employees (and some other categories of persons) to transfer securities, participation shares, shares in the authorized (stock) capitals of organizations to trust management, within the framework of the institute for the prevention and control of conflicts of private and public interests in the process of these persons performing their direct responsibilities. In the course of this study, the author intentionally does not address the issues of civil law regulation of the trust management agreement, focusing on the organizational and administrative side of the studied relations, nevertheless, stating that the application of civil law norms to administrative relations is also not free from a number of problems. The main conclusions of the study are the following points. The Federal Law "On Combating Corruption" prescribes certain categories of persons to transfer securities belonging to them, etc., to trust management if possession of them leads or may lead to a conflict of interests. This norm is variably duplicated in a number of laws and by-laws. At the same time, a number of laws establish the obligation for designated persons to transfer their valuables to trust management, due to the occurrence of a conflict of interests, others assume unconditional transfer. Article 12.3 of the Law "On Combating Corruption" contains a reference to civil legislation regulating the trust management of property as a civil contract. This determines additional issues related to the application of civil legislation in the context of administrative and legal relations. Based on judicial practice, the transfer of property to trust management does not limit the right of the founder of the management to dispose of the management object. In this regard, there are reasonable doubts about the effectiveness of the transfer of conflict-prone property by employees and other persons, in simple trust management, as a way to prevent (prevent) conflicts of interest.

Keywords: anti-corruption policy, conflict of interest prevention, trust management agreement, public service, corruption, municipal employee, civil servant, trustee, conflict of interest, trust management

Abstract: Corruption does not allow to perform various functions of civil service. Speaking of the law reforms which have been ongoing in our country lately it should be noted that these reform must minimize the drawbacks and gaps in the sphere of executive-administrative activity, form the platform for further social and economic development of the country, reinforce the prestige of civil service and contribute to the improvement of the legal and administrative status of a civil officer. However, instead of an expected decrease of the corruption level, it has the tendency to grow. It may sound paradoxical, but prevention and suppression of corruption have caused even more corruption in the system of civil service. This circumstance sparks most concern both by the state authorities and the institutions of civil society of our country.

Keywords: corruption standard, ethics, behavior, service, prohibition, liability, principles, control, law.

DOI: 10.7256/2454-0595.2013.1.62049

Abstract: In the article it is underlined that corruption in the sphere of public health creates a serious threat for the society. This is why the government needs to focus on corruption management and make legal entities criminally liable for corruption. Such an approach would allow the government to increase anti-corruption measures and, at the same time, it would comply with the international regulations and laws aimed at corruption management.

Keywords: corruption, public health, fight, state institution, organization, global, agreement, damage, threat, combating, death rate.

Abstract: The author of the article forms general and special requirements for members of the Commission for observance of requirements for official behavior of civil servants and management of conflict of interest by non-civil officials. The author also provides classification of these requirements depending on the provisions of law on state civil service.

Keywords: civil service, state civil servant, independent expert, Committee for observance of requirements for official behavior of civil servants and management of c, professional competence, composition of the committee, representative of a professional union, representative of an academic institution.

Keywords: service, officer, security, information, information system development, management corruption, support, control, procedures.

Abstract: The article considers the subject and object of anti-corruption expertise, their relations and issues of carrying out such an expertise by prosecution authorities

Keywords: anti-corruption expertise, subject, object, corruption, corruption risk, propensity for corruption, expert

Abstract: The article studies the legal and organizational issues of establishment and implementation of official and ethical standards of official behavior and describes their role and place in the anti-corruption mechanism.

Keywords: corruption, anti-corruption policy, ethics, standard, service, revenue, information, risk, interest, conflict, state institution, official, commission, profit motive.

Abstract: the author of the article considers peculiarities of anti-corruption expertise of legal acts and draft acts realized by state authorities of the Russian Federation constituents with the purpose to establish effective measures of detecting and eliminating corruptogenic factors

Keywords: corruption, expertise, resistance, state institution, service, corruptogenic, violation, detection, elimination, factors, corruption risk

Abstract: The article is devoted to the study of some issues of anti-corruption measures at a trans-regional level of state administration. The author analyzes the state of things in this sphere and their regulatory basis. The latter enabled the author to suggest certain ways to increase the efficiency of anti-corruption measures at such a level of state administration

Keywords: legal science, administrative law, corruption, anti-corruption measures, anti-corruption legislation, federal district, trans-regional state administration, presidential structures, executive authorities, state officer

Abstract: This is the first time in Russian law that we view the issues of prosecutor’s supervision over creation and performance of the Committee on compliance with requirements for official behavior of civil (municipal) officials and management of conflict of interests in the Russian Federation. The author of the article provides a list of issues that need prosecutor’s supervision and certain actions.

Keywords: corruption, civil service, municipal service, conflict of interests, prosecutor supervision, anti-corruption measures, committee on compliance with requirements for official behavior and management of conflict of intere, state authorities, local self-government authorities.

Abstract: The article studies the legal and organizational issues of implementation of anti-corruption measures at higher educational institutions and reveals the nature of the anti-corruption mechanism. The author of the article also analyzes the status of anti-corruption subjects.

Keywords: corruption, anti-corruption, activity, act, document, risk, factor, propensity for corruption, array, mechanism, education, institution.

Abstract: The article is devoted to the legal and organizational grounds for termination of proceedings of the materials received by the Committee for Compliance with the Requirements for Official Behavior of Civil (Municipal) Officers and Arrangement of Conflict of Interests: Grounds and Procedure. The author of the article suggests certain measures of improvement or legal regulation of such committee’s activities, in particular, termination of proceedings of the received materials.

Keywords: corruption, conflict of interests, civil service, municipal service, termination of proceedings, civil official, municipal official, committee for compliance with the requirements for official behavior and arrangement of conflict of , appeal.

Abstract: The article is devoted to the issues of monitoring of performance by the Commission of Compliance with the Requirements for Official Behavior of State (Municipal) Officers and Management of the Conflict of Interests at state and local authorities in the Republic of Tatarstan and suggests certain organizational and legal measures of improvement of performance evaluation of such activity.

Keywords: conflict of interests, anti-corruption monitoring, municipal service, municipal officer, state service, state officer, Commission of Compliance with the Requirements for Official Behavior of State (Municipal) Officers a, performance evaluation, anti-corruption measures.

Abstract: The author of the article describes legal regulation of anti-corruption activities performed by the Presidium of the Russian Federation President’s Council and support facilities (teams and committees) from the point of view of criminology. The author also describes and analyzes specific features of their activity and proposes his own ways to improve it. One of such ways to raise efficiency of the Presidium of the Russian Federation President’s Council in the sphere of corruption is to bring this provision into compliance with the current federal laws about state service and corruption. In order to raise efficiency of activities performed by support facilities (teams and committees) it is necessary to establish certain legal provisions that would fix the purposes and tasks of their activity as well as unified requirements for the personnel and etc.

Keywords: corruption, fight against corruption, committee, presidium, council, conflict of interests, state service, state officer, working team.

Abstract: The article analyzes the objects of commissions on compliance with the requirements for public officers’ behavior and management of conflict of interests. The author views the issues of training and functioning of commissions on compliance with the requirements for public officers’ behavior and management of conflict of interests. It is concluded that the system of federal state civil service certainly needs a well-managed mechanism of overcoming ‘conflict of interests’ and the mechanism of control of officers’ behavior in every federal agency

Keywords: state civil service, requirements for behavior at work, conflict of interests, commission on compliance with the requirements for public officers’ behavior at work and management

Abstract: It is well know that corruption has a very negative impact on the development of economics and social infra-structure. First of all it affects state authorities and government. As a result of corruption of a great portion of state and municipal officials, citizens are literally excluded from the sphere of free mandatory services in the sphere of education, health and social security: they have to pay for free public education and social and administrative services.

Keywords: control, corruption, anti-corruption, service, officer, damage, risk, fight, civil servant, standard.

Abstract: The article analyzes the legal framework and the condition of administrative and legal regulation and positive experience of anti-corruption measures in the Ukraine. The author of the article also defines the opportunities of recording those measures in order to improve the Russian anti-corruption laws

Keywords: corruption, national security, constituents of the CIS, improvement of legislation

Abstract: the article analyzes the influence of existing ideology on formation of morals, legal consciousness, professional objectives of a civil servant conditioned by moral and ethical principals, political regime and ideology of the state they live in. The author assumes that absence of a clear state ideology is one of the factors of high rate of crime in general and corruption in particular

Keywords: studies of law, state, officer, ideology, duty, corruption, moral, set of morals, responsibility

DOI: 10.7256/2454-0595.2017.8.23855

Abstract: The research subject is the set of provisions of Chinese and Russian legislation regulating relations in the sphere of public service. The authors study the peculiarities of China’s law “On public service” and the related subordinate acts. Special attention is given to the provisions of this law, which would be appropriate to use for the administrative reform in Russia. The authors analyze the provisions of the Chinese legislation concerning entering public service, training public servant and preventing corruption among officials. For the profound study of Chinese legislation, the authors use the comparative-legal and formal-legal research methods, analysis and synthesis. As empirical materials, the authors use reports of mass media. The scientific novelty of the study consists in the fact that it considers the modern China’s legislation on public service and pays attention to the detection of provisions, which could be used by the Russian legislator. Based on the conducted research, the authors formulate recommendations for the improvement of the Russian legislation on public service, particularly, in the sphere of training public officials and their entering on public service.

Keywords: conflict of interests, resignation, training , State Council of the People's Republic of China, Communist Party of China , certification, corruption, public servant, law of China, public service

Abstract: The article is devoted to the procedural matters of viewing the documents received by the officials of the committee on compliance with the requirements for official behavior of state (municipal) officers and management of the conflict of interests based on legal acts regulating such committee’s activities. As a result of his study, the author makes the following conclusions: a) the committee views the documents at the stage of preparation of documents for the review; b) papers are viewed by the committee secretary; c) the period for the review of documents received by the committee starts at the moment when the documents are recdeived and continues until the committee meeting; d) based on the results of the review the committee secretary can prepare a service document – the review list of documents received by the committee.

Keywords: corruption, state service, municipal service, conflict of interests, committee on compliance with the requirements for official behavior of state offices and management , review period, review list, committee secretary, commitee chairman.

Abstract: Corrupion is a very multi-faced and complicated phenomenon. At different times, in different sciences and almost in all legal systems researchers and experts have been trying to give a definition of this phenomenon. Some definitions were too broad and included more types of criminal behavior, the others definitions are more narrow. However, this way or another, there are the two features of this phenomenon which always remain unchanged and stipulated in national and international laws. At the persent time, due to the development of economic turnover, market globalization processes and direct interaction between officials and foreign business entities the most dangerous form of corruption is becoming the bribary of foreign pubilc officials.

Keywords: corruption, bribery, OECD, transaction, official, combating, struggle, minimization, crime, violation, community.

DOI: 10.7256/2454-0595.2020.6.33458

Abstract: The subject of this article is certain anti-corruption trends that utilize digital technologies and can be taken into account in setting the priorities of anti-corruption legal policy of the Russian state. The author examines new opportunities for corruption prevention in the conditions of systematic implementation of information and communication technologies in the area of public administration. The goal of this work is to outline new opportunities for corruption prevention using digital technologies in public administration and various spheres of social life. The scientific novelty lies in the generalization and comprehensive analysis of digital technologies in the area of corruption prevention. The conclusion is made that the new digital technologies create unprecedented opportunities for modification of the model of anti-corruption policy, shifting the focus from administrative, criminal and other mechanisms of bringing to responsibility the participants of corruption relations to the benefit of development of the mechanisms for technical incapability, economic insolvency and inexpediency of corruption actions, ties and relationships. The information and communication technologies on their own are the tool of legal policy; not self-standing and without reference to the general principles of corruption prevention, they are able to generative destructive occurrences of technocratic bureaucracy, totalitarian political control, and systemic violations of human rights and freedoms.

Keywords: public administration, public service, digital technology, anti-corruption technology, conflict of interest, corruption, anti-corruption policy, legal policy, digitalization, digital control

Abstract: the article studies the legal and organizational problems of implementation of anti-corruption expertise and describes the essence of expertise as a part of the anti-corruption mechanism. The author of the article also analyzes the status of entities implementing the anti-corruption expertise.

Keywords: expertise, corruption, anti-corruption, activity, act, document, risk, factor, propensity for corruption, masse, mechanism.

DOI: 10.7256/2454-0595.2020.2.31904

Abstract: The subject of this research is the normative legal support of the process of settlement of conflict of interest in the department of internal affairs of the Russian Federation, with consideration of various views of researchers upon the problem of correlation of categories such as “conflict of interests”, “corruption”, “personal interest”, “settlement of conflict of interests”. Special attention is given to the mechanism of settlement of conflict of interests in anti-corruption legislation, as well as prospects for improvement of legal regulation in this area. The goal of this work is to attract attention of the scientific community to the relevant problems of settlement of conflict of interests in the service of the department of internal affairs of the Russian Federation. The methodological framework includes general scientific methods, particularly dialectic and systemic, as well as private scientific methods such as formal-legal, comparative-legal, and content analysis. The scientific novelty of this research consists in an original proposal for changes to the mechanism of the settlement of conflict of interests in the service of the department of internal affairs by introducing specific procedural measures that would contribute to its effective resolution, which in turn would allow eliminating a number of gaps within the content of the issues of not only direct settlement of the conflict, but also prevention of pre-conflict situation.

Keywords: responsibility of civil servants, the mechanism of legal regulation, legal restrictions, combating corruption, personal interest, conflict of interest, police service, public service, the prevention of conflict of interest, official behavior

DOI: 10.7256/2454-0595.2014.1.10525

DOI: 10.7256/2454-0595.2014.1.63949

Abstract: The object of this study includes: a) key provisions of the regional by-law normative legal acts regulating the activities of specialized regional advisory, coordinative, expert, consultative, inter-departmental anti-corruption bodies (councils and commissions on fighting corruption) in the sphere of information support for the state policy against corruption at the regional level; b) key forms and means of information support of state policy against corruption at the regional level, as provided for in the normative legal acts; c) main measures aimed at the improvement of legal regulation of the information support of the state policy against corruption at the regional level. The author uses comparative legal method as the main scientific study method, and it is used to analyze the activities of specialized regional advisory anti-corruption bodies together with the general scientific methods: analysis and synthesis. The scientific novelty of the study is due to the fact that for the first time in the Russian legal the author evaluates legal regulation of the activities of the specialized regional advisory anti-corruption bodies in the sphere of information guarantees of the state policy against corruption. The main conclusions are as follows: the author offers measures for the improvement of legal regulation of the activities of the specialized regional advisory anti-corruption bodies, which include formation of the regional anti-corruption information policy; monitoring of efficiency of the information support system for the regional anti-corruption policy; development of proposals on the improvement of the system of information support of the regional anti-corruption policy.

Keywords: corruption, fighting corruption, anti-corruption propaganda, anti-corruption policy, anti-corruption advertisement, anti-corruption agitation, anti-corruption information, information policy, state policy, information support.

DOI: 10.7256/2454-0595.2014.1.10160

DOI: 10.7256/2454-0595.2014.1.63950

Abstract: The article includes analysis of the requirements to the experts holding anti-corruption expertise of legal acts and their drafts. She notes positive and negative features of the expertise by various state bodies, and states, that in some cases they are not sufficiently professional, causing the need to involve competent independent experts on contractual basis for anti-corruption expertise. The article includes analysis of scholarly propositions on stricter requirements to independent experts. It is substantiated that the current requirements are sufficient, while it is necessary to improve the education level of independent experts by providing specialized courses and certificates. As an alternative to the certificate courses it is offered to organize obligatory seminars for the experts. The author also notes the need for additional education of state officials involved in anti-corruption expertise according to their competence.

Keywords: anti-corruption expertise, competence, independent experts, the Prosecution of the Russian Federation, the Ministry of Justice of the Russian Federation, professionalism, normative legal acts, state officials, certified education, requirements.

DOI: 10.7256/2454-0595.2021.2.35148

Abstract: The subject of this research is the practices of advanced legal regulation of the constituent entities of the Russian Federation on the example of the sphere of corruption prevention. Examination of the regional legislative practices is of particular interest within the framework of implementation of the single state policy in the area of corruption prevention and development of anti-corruption legislation. The selected topic also reflects general interest for the assessment of advanced legal regulation of the constituent entities of the Russian Federation as a whole at the current stage. The goal of this research is to develop proposals on improving anti-corruption regulation on the federal level based on the regional anti-corruption practices, using the formal-legal, systematic, and comparative methods. The conducted analysis allows assessing the regional lawmaking practices, as well as the legislation on corruption prevention. The regional practices are aimed at unification of anti-corruption regulation on the regional and municipal levels, as well as filling the gaps caused by imperfection of the federal legal regulation. The constituent entities of the Russian Federation use the right to advanced legal regulation conservatively, although they have such opportunity in for synchronization of legal regulation on the regional and federal levels. This substantiates the need for addressing these issues in the federal laws. The introduction of anti-corruption restrictions, mechanisms of compliance thereof, and liability for their violation (noncompliance) should be established by the federal laws. The author believes that the considered in the article regional practices deserve support and reflection in the federal laws.

Keywords: restrictions, anti-corruption regulation, anti-corruption, subjects of the Russian Federation, advanced legal regulation, prohibitions, requirements, obligations, liability, corruption offense

DOI: 10.7256/2454-0595.2021.4.36383

Abstract: The subject of this research is the anti-corruption legal regulation with regards to public officials from the perspective of balance between centralization and decentralization of such regulation. The goal lies in critical analysis of the established normative framework in the area of prevention of corruption for assessing the effectiveness of the applied mechanism of legal regulation. Anti-corruption legal regulation is characterized with multiplicity of normative acts, distribution or duplication of the normative legal content of acts of superior legal force in the acts of inferior legal force. Special attention is given to the examples of decentralization of anti-corruption regulation and methods of ensuring its coherence. The author provides the examples of centralization of anti-corruption regulation, which stemmed from the development of anti-corruption instruments. The conducted research allowed making recommendations on systematization of anti-corruption legislation with centralization and comprehensive anti-corruption regulation with regards to public officials. The key decrees of the President of the Russian Federation in the sphere of anti-corruption regulation with regards to public officials have been adopted over the period from 2009 to 201, and require refinement, taking into consideration the accumulated experience of their legal enforcement. The author also suggest legislating the content of the principle of uniform state policy in the sphere of prevention of corruption.

Keywords: prohibitions, restrictions, decentralization, centralization, public official, anti-corruption regulation, anti-corruption, requirements, obligations, principle of legal economy

DOI: 10.7256/2454-0595.2017.1.21382

Abstract: The paper considers the problem of corruptogenic risks in social legislation and administrative means of their elimination. The problem is determined by legal and organizational problems of implementation of anti-corruption legislation in the system of social relations. The topicality of this issue is determined by the fact that anti-corruption issues are especially significant in the social sphere, since it affects the quality and expectancy of life. The author substantiates the necessity to increase the effectiveness of administrative anti-corruption measures in the social sphere. The author suggests improving anti-corruption mechanisms in the social sphere using anti-corruption expertise means. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve legislation on social guarantees and social protection and harmonize it with anti-corruption legislation. The author states the necessity to improve the quality of the struggle against corruption in the social sphere using anti-corruption expertise.

Keywords: coercion, punishment, social, means, responsibility, implementation, corruption, risk, problem, quality

Abstract: The authors of the article suggest solutions of some issues of legal regulation of conducting anti-corruption expertise of legal acts and draft regulations b y the prosecutor’s office of the Russian Federation. According to the author, it would raise efficiency of the expertise. The authors also make concrete suggestions on how to solve these issues.

Keywords: anti-corruption expertise, prosecutor’s office of the Russian Federation, improvement, legal, regulation, efficiency, corruption, anti-corruption measures, risk, factor.

DOI: 10.7256/2454-0595.2015.1.12226

DOI: 10.7256/2454-0595.2015.1.66041

Abstract: The Decree of the President of Russia of 11.04.2014 №226 “On the National Plan of Combating Corruption for 2014 – 2015” formed the topical problems of scientific research for 2014 – 2015 years. One of them is a formation of a system of bans, restrictions and responsibilities, also in relation to commercial organizations, aimed at combating corruption. From the viewpoint of security measures this article considers the anti-corruption restrictions imposed on a former commercial organization employee who continued in a government body. The author uses the general scientific and the special methods of cognition: analysis, synthesis, modeling, the formal-logical method, the system-structural method, and the statistical and sociological methods. According to the existing legislation there can appear a situation when a manager of a commercial or another organization, which has been noticed using the corruption methods (the very organization, or its employees have been mage answerable for corruption offences), can without any restrictions apply for an executive position in a state or municipal authority. It is supposed that public service doesn’t change person’s behavior or code of conduct. In this case the state as an employer, having received the information about the previous offences or illegal activities of a job applicant, should have the guarantees of honesty of the applicant on a public service. At the moment in order to prevent getting jobs by dishonest persons the employer can use the institution of the manager’s responsibility for the organization’s actions. It is suggested amending the Law on Combating Corruption with the article 12.6 “Restrictions imposed on a person getting job in a state or a municipal service who had worked as a manager in a commercial or a non-commercial organization which was made accountable for corruption offences”.

Keywords: prevention on organizations, combating corruption, organization manager, public service, municipal service, security measures, system of restrictions, the Decree of the President of Russia of 2014 – 2015, private sector, responsibility of organization manager.

DOI: 10.7256/2454-0595.2015.1.13956

DOI: 10.7256/2454-0595.2015.1.66042

Abstract: The article considers the basic principles of anti-corruption expertise of normative legal acts, their essence and the problems of application. The article analyzes the difficulties with specification of education and competency requirements of the professionals carrying out the anti-corruption expertise of legal acts, and evaluation of a normative legal act in its connection with other normative acts. The author considers the requirement of sufficiency, objectivity and verifiability of anti-corruption expertise results. The article raises a problem of possibility of cooperation between independent experts and public authorities during anti-corruption expertise carrying out. The article studies the problems of application of anti-corruption expertise principles application, and offers the ways of solution. The author uses the method of textual analysis of legislative enactments, the dialectical-materialistic method of scientific cognition, the methods of social-legal research (the comparative legal method), and the formal logical method. The author concludes that the principles of anti-corruption expertise should regulate anti-corruption expertise carrying out, set the frameworks and the character of functioning for the developers of normative acts and the experts. The conclusions made will facilitate the development of anti-corruption policy.

Keywords: anti-corruption expertise, normative legal acts, principles of carrying out, obligatoriness, sufficiency, objectivity, verifiability, independent experts, cooperation, bodies of executive power.

DOI: 10.7256/2454-0595.2013.2.62119

Abstract: Based on the analysis of the provisions of the Federal Law on Control over Matching Expenses of State Officials and Other Persons Against their Revenues’, the author of the article makes a conclusion about the appearance of an independent activity of the prosecutor’s office. This activity has all the signs of a function. The author also pays attention at numerous features of the legal position of the prosecutors within the framework of implementing the aforesaid new law.

Keywords: prosecutor, prosecutor’s office, functions of the prosecutor’s office, independent function, official, control over matching expenses against revenues, legal position of the Prosecutor, General Prosecutor.

DOI: 10.7256/2454-0595.2014.2.10629

DOI: 10.7256/2454-0595.2014.2.63960

Abstract: The article concerns the possibility of using the mechanisms for public-private partnerships in relation to fighting corruption. It is noted in the article that the Anglo-Saxon states have a progressive approach towards fighting corruption in the private law sphere. There is a positive practice of responsibility for the bribery in the private sphere not in a domestic territory of the state, but also abroad. At the same time the measures for the prevention of private law corruption, rather than the repressive measures, are regarded as having the most perspective in company sphere. Due to taking a number of obligations within a number of international anti-corruption acts (first of all the UN Convention Against Corruption of October 31, 2003 and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions) the legislation of the Russian Federation on corruption prevention was significantly changed and amended. One of such changes included legislative provisions for the prevention of corruption in the private law sphere. In particular, the Federal Law “On Fighting Corruption” was amended with the Art. 13.3 “Obligation of organizations to take measures to prevent corruption”, according to which the organizations were obliged to develop and adopt measures for corruption prevention. The implementation of a complex of such measures should be aimed at formation and introduction of internal corporate anti-corruption policy with detailed regulation of such activities.

Keywords: corruption, partnership, fight, counteraction, influence, official, servant, prophylactics, prevention, punishment.

DOI: 10.7256/2454-0595.2014.2.10111

DOI: 10.7256/2454-0595.2014.2.63961

Abstract: In this article for the first time in the Russian legal science based upon the analysis of regional anti-corruption legislation and relate normative legal acts, as well as Russian and foreign scholarly sources the author provides comparative legal analysis of the legal category “anti-corruption agitation” and related legal definitions. Using the method of structural analysis the author uncovers the key contradictions and defects in the approaches of Russian and foreign scholars towards elements of anti-corruption agitation as information means for fighting corruption, and the author offers his own definition of anti-corruption agitation. The definition, which is offered by the author has a number of advantages, namely, it has a more complete description of a range of competent subjects in the sphere of anti-corruption agitation, points out the object of anti-corruption agitation, defines and fixates the main goals of anticorruption agitation, refers to the subjects of anti-corruption agitation, provides for the use of unlimited range of anticorruption information means, forms and methods of implementation, allows to unify anti-corruption law-making and improve the quality of regional and municipal law-making activity.

Keywords: corruption, fighting corruption, agitation, anti-corruption policy, anti-corruption advertisement, anticorruption agitation, anti-corruption information, anti-corruption worldview, anti-corruption enlightenment, anticorruption behavior.

DOI: 10.7256/2454-0595.2015.2.13465

Abstract: The research subject is the Anglo-Saxon legal system as one of the most widespread systems in the world juridical practice. The authors note that many countries of this legal system have been more successful in combating corruption than the Russian Federation, and the adoption of their experience could have positive results in the Russian practice. It is possible that the results of the analysis of different methodological approaches, applied in the formation of norms about the subjects of corruption crimes, based on the international and foreign experience, will help the scholars to formulate the universal system of efficiency criteria of the national penal legislation depending on the degree of coverage of corruption crimes subjects whose socially dangerous acts form penal corruption. On the base of the comparative-legal method the authors analyze a wide range of archive materials, scientific works, and press. The application of the formal-juridical method helped formulate the authors’ definitions. In the authors’ opinion, Russian penal legislation should organically allocate with penal legislation of foreign states in order to provide the functioning of a single interstate legal system of combating corruption as a crime. It should meet the modern corruption challenges and timely criminalize the most dangerous forms of corruption. It should also contain certain principles, providing the opportunity (following the principles of legality and guilt) to immediately react to the new ways, methods and forms of corruption crimes within the provided by penal legislation (in the special part of Criminal Code of the Russian Federation) components of crime.

Keywords: corruption, foreign law, corruption crime subject, combating corruption, juridical technique , Anglo-Saxon law, organized crime, blanket rules, corporation responsibility, prevention of corruption

DOI: 10.7256/2454-0595.2015.2.66160

Keywords: corruption, foreign law, corruption crime subject, combating corruption, juridical technique, Anglo-Saxon law, organized crime, blanket rules, corporation responsibility, prevention of corruption

DOI: 10.7256/2454-0595.2015.2.13872

Abstract: The article is devoted to the disputable questions of the existing legal normative acts expertize by the public prosecution bodies of the Russian Federation. The research subject is a review expertise in the sphere of combating corruption. The author considers the peculiarities of corruptibility expertises carried out by the public prosecution bodies, and their difference from the expertises carried out by other bodies. The research contains the discussion about the role of the Investigating Committee of the Russian Federation in anti-corruption expertize. Special attention is paid to the assize, dealing with the Public Prosecutor’ office’s demands. The methodology of the research is based on the dialectical materialism and the universal general scientific methods of cognition: comparison, analysis, synthesis, and others. The author concludes that review expertise, held by the public prosecution bodies, is one of the most effective types of expertise due to the absence of its dependence on the authors of legal acts, on the one hand, and the regularity of anti-corruption expertize and, consequently, a wide experience in this sphere, on the other hand. In the conclusion the author proves the necessity of amending of part 1 art 251 of Civil Procedure Code of the Russian Federation “Filing Applications for Disputing Legal Normative Acts”

Keywords: anti-corruption expertise, public prosecution bodies, peculiarities, independence, corruption, review expertise, legal normative acts, combating corruption, the Investigating Committee of the Russian Federat, the Public Prosecutor's Office of the Russian Fede

DOI: 10.7256/2454-0595.2015.2.66161

DOI: 10.7256/2454-0595.2013.3.62439

Abstract: The author of the article underlines the fact that almost all documents devoted to social, economic and political development of the country or crime prevention deal with corruption issues in this way or another. Corruption was also given special attention in the Letter of the President of the Russian Federation to the Assembly of the Russian Federation in 2012. This particular article is devoted to international law sources of corruption management. Based on their analysis, the author suggests how to improve corruption management in the system of state service.

Keywords: corruption, source, right, struggle, service, control, regulation, index, standard, officer, official.

DOI: 10.7256/2454-0595.2015.3.12928

Abstract: The aticle is devoted to the problem of definition of typical features of anti-corruption ezpertize by municipal bodies. The study considers the specificity of liability for curruption of particular types of municipal legal acts. The author pays attention to the most frequent factors encouraging corruption in these legal acts, reveals regularities, typical faults and shortcomings of legal acts and their projects anti-corruption expertize in municipalities according to the data of the research. The results of the research give the opportunity to formulate the suggestions about anti-corruption expertize improvement. The author uses the method of contextual analysis of legal acts and the practices of their application (returns, judicial practice, documents circulation). The analysis of regional legislation, judicial practice, returns of state authorities demonstrates the absence of systematism in subjects' actions. The bodies organize different events aimed at the decrease of corruption risks, but they are of fragmentary character. Thus the author makes a suggestion for the bodies, executing anti-corruption expertize, to systematize anti-corruption activities, to adjust their cooperation. The article can be of interest to scientific researchers, lecturers, students and postgraduates of juridical universities, and for the developers of legal acts.

Keywords: anti-corruption expertise, municipal legal act, liability for corruption, charters of municipalities, normative legal acts, minicipal body, local administration, representative body, factor encouraging corruption, expertise

DOI: 10.7256/2454-0595.2015.3.66238

DOI: 10.7256/2454-0595.2013.4.62539

Abstract: Corruption is one of the threats to national security in the Russian Federation. The author of the given article conducts a critical analysis of Russian anti-corruption legislation and shows its gaps and drawbacks based on practical examples. As a result of this research, the author suggests that the term ‘administrative corruption’ should be defined by the law as the usage of an official state position for one’s personal benefits. The author of the article also makes particular suggestions bout how to increase the efficiency of corruption management in the Russian Federation.

Keywords: corruption, corruption management, administrative law means of corruption management.

DOI: 10.7256/2454-0595.2013.4.62540

Abstract: The article is devoted to administrative law grounds for arranging and carrying out anti-corruption monitoring in the Russian Federation constituents as the basic tool for measuring the level of corruption, its causes and efficiency of anti-corruption policy implemented in a region. The author defines and describes the main drawbacks of administrative law regulation of anti-corruption monitoring and arrangement of its implementation: selective nature of using such monitoring; no common approach to legal regulation, arrangement and carrying out such monitoring; incomplete conduction of monitoring (faked results of monitoring). The author of the article also suggests particular ways to change the grounds of legal regulation of anti-corruption monitoring.

Keywords: corruption, corruption management, anti-corruption monitoring, legal regulation, monitoring, corruption monitoring, monitoring procedure, monitoring of causes.

DOI: 10.7256/2454-0595.2015.4.13115

Abstract: The highest level of social danger of corruption activity is unquestionable: firstly, nowadays corruption is an inevitable concomitant of all authorities execution, especially in the sphere of social goods distribution; secondly, the increase of corruption in society indicates the low efficiency of the existing measures of coercion and other forms of social control and prevention; thirdly, corruption, including its active aspect, is a dynamic, developing and various social phenomenon, and this fact determines a relative character of any scientific results of the study of this phenomenon and predetermines the perspectives of the future research. The article considers the particular criminological aspects of combating corruption. It reveals the forms and types of corruption; characterizes the causes and the consequences of corruption. The study of corruption as a social phenomenon is carried out in complex: using criminology, administrative, constitutional, public and labour law, political science, economics, and psychology. The authors come to the conclusion that the scale of criminogenic factors, determining the corruption activity nowadays, is not proportional to anti-corruption measures. The authors note that for an adequate assessment of corruption in Russia and application of effective measures of coercion, for revelation and prevention it is necessary to consider corruption not as a one-time case, but as a considered, illegal "custom of corruption business intercourse", and to admit that corruption is a serious scientific problem which should be solved within interdisciplinary approach.

Keywords: corruption, corruption activity, state, bribe , offences, combating corruption, social danger, anti-corruption measures, authority, criminality

DOI: 10.7256/2454-0595.2015.4.66320

Keywords: corruption, corruption activity, state, bribe, offences, combating corruption, social danger, anti-corruption measures, authority, criminality

DOI: 10.7256/2454-0595.2013.5.62700

Abstract: The article includes the results of the study of experience of legal regulation of organization and implementation of anti-corruption monitoring in the constituent subjects of the Russian Federation. The author provides comparative legal characteristics of the municipal anti-corruption monitoring, he shows the typical shortcomings of legal regulation, including lack of uniformity in legal regulation of organization and implementation of municipal anti-corruption monitoring in the municipal units, as well as measures for its improvement, such as development of the model municipal normative legal act, which would provide for the procedural and technological bases for its organization and implementation.

Keywords: Corruption, fighting corruption, monitoring, anti-corruption monitoring, corruption monitoring, causes for corruption, monitoring order, monitoring methods, monitoring rules.

DOI: 10.7256/2454-0595.2013.5.62701

Abstract: The article is devoted to the state anti-corruption measures regarding control over the financial and property status of state officials, and persons holding state office. The author analyzes the history of formation and development of such measures in the current legislation. The author also analyzes the normative acts, which provide for the control over the property and financial situation of state officials and other persons. The author shows the key tendencies in the normative regulation in this sphere, establishes the influence of international law on the formation of the Russian domestic legislation in the sphere of fighting corruption.

Keywords: jurisprudence, corruption, fighting, prevention, state official, control, income, property, declaration, spending.

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.

Keywords: medical services, public agencies, subject of crime, object of crime, criminal liability, officials, struggle against corruption, health care, crime, corruption

DOI: 10.7256/2454-0595.2016.5.67708

Keywords: medical services, public agencies, subject of crime, object of crime, criminal liability, officials, struggle against corruption, health care, crime, corruption

DOI: 10.7256/2454-0595.2014.5.11934

DOI: 10.7256/2454-0595.2014.5.64250

Abstract: In the modern social, economic and political conditions the Russian Federation is facing many threats and challenges. One of the problems considerably complicating many public reforms, violating rights and lawful interests of the natural persons and legal entities interacting with the state government and administration bodies I the problem of corruption. This problem has been involved with the public interests of states throughout the history of development of human civilization and statehood. Due to corruption many empires have fallen, and the sovereignty of many states was undermined, moral and material damage was caused. That is why for the sake of its own survival the public government has to fight the negative social and legal phenomenon of corruption, which undermines its fundamentals and makes the system of state administration inefficient. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). There is not a single industrially developed state without corruption. At the same time, there are rather many states, where the corruption level according to the national statistics and studies by international NGOs is very low. That is why, one may see the direct dependency between solving the corruption problem and growth of the national well-being of the state and society. Almost every state, which has achieved any success in fighting corruption, followed a certain pattern with due consideration to the national traditions, mentality of the people, political and legal regime.

Keywords: corruption, risk, official, service, servant, counteraction, regulation, system, offence, principle.

DOI: 10.7256/2454-0595.2015.5.14937

Abstract: The article is devoted to the legal analysis of one of the means of combating corruption – reporting by a public servant his revenue (expenses), property and property commitment. The issues of combating corruption in Russia are urgent; they are considered by the scientific community as well as by law enforcers. In the present conditions the state works out and implements new anticorruption mechanisms of legal regulation of a wide range of public relations. The research is based on the general methods of scientific cognition, including the theoretical methods of analysis and synthesis, the method of deduction and others. Taking into account that the executives are often the participants of anticorruption procedures, the essential part of anticorruption measures relates to the subject of responsibility of administrative law. The scientific novelty of the research lies in explanation of anticorruption avowal from the position of institutional building of a system of administrative law.

Keywords: counteraction, a declaration, public servant, expenses, revenue, sub-institution, corruption, avowal, measures, administrative law

DOI: 10.7256/2454-0595.2015.5.66447

Keywords: counteraction, a declaration, public servant, expenses, revenue, sub-institution, corruption, avowal, measures, administrative law

DOI: 10.7256/2454-0595.2014.6.12178

DOI: 10.7256/2454-0595.2014.6.64970

Abstract: In the current social, economic and political conditions the Russian Federation faces numerous challenges and threats. One of the problems forming a significant obstacle in the way of many state reforms, infringing upon the rights and lawful interests of natural persons and legal entities in their interaction with the state government and administration bodies is the problem of corruption. This problem influenced the public interests of states throughout the development of human civilization and statehood. Due to the corruption many empires have fallen, great moral and material damage was caused. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The problem of corruption cannot be resolved within a short period of time. Almost every state took a certain amount of time to overcome this problem, and throughout this period of time the legislation against corruption was passed, necessary structures against corruption were formed, civil society developed, etc. This was the evolutionary way of many states, which are now industrially developed states. A similar process is currently ongoing in the Russian Federation.

Keywords: corruption, risk, fight, counteraction, responsibility, punishment, standard, official, service, servant.

DOI: 10.7256/2454-0595.2016.7.18006

Abstract: The research subject is the Model provisions on the corruption prevention coordination Commission in the subordinate entity of the Russian Federation established by the Presidential Decree of 15 July 2015 No 364 “On the measures of corruption prevention improvement”. The paper considers the issues of legal status of the corruption prevention coordination Commission, the legal grounds of its activities and its purpose, analyzes the experience of this Commission in the Republic of Tatarstan. The research is based on the Presidential Decree of 15 July 2015 No 364 “On the measures of corruption prevention improvement”, and statutory instruments of the federal and local level. The author applies general scientific and specific research methods: formal-logical, comparative-legal and the method of legal provisions interpretation. The scientific novelty of the study is determined by the lack of scientific works in this field. The author concludes that the formation of corruption prevention cooperation commissions in the entities of the Russian Federation promotes the standardization of the state policy of corruption prevention in the entities of the Russian Federation and establishes a vertical in the system of corruption combating in Russia.

Keywords: conflict of interest management, conflict of interest, legal ground of activity , anti-corruption legislation, regional anti-corruption policy, public service, state policy, corruption prevention, anti-corruption policy, corruption

DOI: 10.7256/2454-0595.2016.7.67951

Keywords: conflict of interest management, conflict of interest, legal ground of activity, anti-corruption legislation, regional anti-corruption policy, public service, state policy, corruption prevention, anti-corruption policy, corruption

DOI: 10.7256/2454-0595.2016.7.18107

Abstract: The research subject is the range of administrative problems of corruption prevention in the social sphere. The author analyzes administrative rules of corruption prevention in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the corruption prevention concept. The main attention is paid to the development of methods and methodology of constitutional regulation of corruption prevention in the social sphere. Besides, the author analyzes the concepts of administrative law development in the context of corruption prevention. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of administrative regulation of corruption prevention. The author states the necessity to develop constitutional regulation of corruption prevention. The scientific novelty consists in the proposals about the development of forms and methods of administrative regulation of the social sphere.

Keywords: sphere, standard, safety, prevention, risk, minimization , service, corruption, social, management

DOI: 10.7256/2454-0595.2016.7.67952

Keywords: sphere, standard, safety, prevention, risk, minimization, service, corruption, social, management

DOI: 10.7256/2454-0595.2015.6.15342

Abstract: The object of the research is anti-corruption consultation as a form of anti-corruption education. The aim of the research is to develop a scientific legal category of “anti-corruption consultation” and to reveal its content. The tasks of the study are: a) to analyze normative legal acts referring to anti-corruption consultation; b) to evaluate the specificity of anti-corruption consultation legal regulation; c) to understand and to reveal the content of anti-corruption consultation as a form of anti-corruption education; d) to analyze normative legal acts and scientific literature devoted to the problems of anti-corruption consultation. The methodology of the research is based on dialectical materialism and the correlating methods of comparative jurisprudence, structural and system analysis. The scientific novelty and the importance of the research lie in the fact that on the base of analysis of federal, regional and municipal normative legal acts for the first time in Russian legal science it reveals the content of anti-corruption consultation as a form of anti-corruption education and offers its scientific legal category.

Keywords: Corruption, combating corruption, anti-corruption policy, anti-corruption education, anti-corruption consultation, legal regulation, anti-corruption behavior, anti-corruption informing, anti-corruption worldview, anti-corruption activity

DOI: 10.7256/2454-0595.2015.6.66583

DOI: 10.7256/2454-0595.2013.6.62796

Abstract: The author holds comparative legal analysis of the current Russian federal and regional legislation on municipal self-government and legislation on fighting corruption, and he uncovers an obvious legal gap – the lack of specialized Commissions on compliance with the service behavior of the heads of municipal unions and on conflict of interests regulation. In the point of view of the author this legal gap may lead to the involuntary violations of requirements to the service behavior and conflict regulation by the heads of municipal units, as well as to violation of their lawful rights and interests in the process of their professional administration activities even after their resignation from their official positions.

Keywords: jurisprudence, municipal service, municipal servant, head of the formation, conflict of interests, fighting corruption, corruption, official, municipal unit, service requirements.

DOI: 10.7256/2454-0595.2014.7.12085

DOI: 10.7256/2454-0595.2014.7.65182

Abstract: The object of this study is the combination of norms of the Russian criminal, criminal procedural, tax, financial and other branches of law, regulating the protection of social relations, criminal responsibility for the corruption-aimed official crime, as well as the measures of special (criminological) prophylactics, which are aimed at abolition, weakening and neutralization of crime-generating factors, correction of persons, who may commit or have already committed such crimes. The article involves analysis of preventive measures in the sphere of fighting corruption with the consideration of the criteria influencing their efficiency and perspectives. The methodological basis involved the general research methods for corruption-aimed official crimes as social-legal manifestations. The work involved general scientific methods: deduction and induction, analysis and synthesis, as well as specific scientific methods of studies: comparative legal method, systemic structural method and statistical method. The scientific novelty involves scientific substantiation by the authors of the need to develop preventive measures in the sphere of fighting corruption crime. The authors attempt to reveal a number of topical aspects of preventive ( prophylactic) measures, providing substantiated statements and proposals for the improvement of legal norms for the minimization and abolition of corruption elements in the modern society.

Keywords: corruption, preventive measures, fighting corruption, prophylactic activity, corrupt official, criminological prophylactics, legal norms, improvement, corruption elements, officials.

DOI: 10.7256/2454-0595.2016.8.18103

Abstract: The research subject is the range of legal problems of combating corruption in the social sphere. The author analyzes constitutional regulation of combating corruption in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the combating corruption concept. The main attention is paid to the development of methods and methodology of constitutional regulation of combating corruption in the social sphere. Besides, the author analyzes the concepts of development of constitutional law in the context of combating corruption in Russia. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of constitutional regulation of combating corruption. The author states the necessity to develop constitutional regulation of combating corruption. The novelty of the study consists in the proposals about the development of forms and methods of state regulation of the social sphere.

Keywords: education, prevention, bribe, graft, standard, corrupt official, public health, sphere, corruption, constitution

DOI: 10.7256/2454-0595.2016.8.68037

Keywords: education, prevention, bribe, graft, standard, corrupt official, public health, sphere, corruption, constitution

DOI: 10.7256/2454-0595.2013.7.62972

Abstract: The article concerns topical issues of fighting corruption, which are due to the modern legislative, political and legal solutions in the sphere of prophylactics of corruption, and the restorative justice measures. The article includes analysis of defects in law enforcement, regarding many-fold fines assigned as additional punishment to the persons guilty of offences. The author notes the obstacles to the application of civil law measures of responsibility for the corruption-related offences. The existing shortcomings of the anti-corruption legislation is regarded as one of the sources of determination and development of criminal threats (organized crime, drug crime, legalization of money, earned by criminal means), as well as other corruption-related matters (non-payment policy, lack of financing, non-performance under state contracts).The perspective approaches to the prevention of corruption and active application of restorative legal measures are related to correction of legislation, optimization of law-enforcement (including the context of correlation of criminal law and civil law measures).

Keywords: corruption, corruption-related offence, prevention of corruption, shadow economy, compensation of harm, practice of criminal punishment.

DOI: 10.7256/2454-0595.2013.7.62973

Abstract: The article includes descriptions of organizational and legal mechanisms of development of the system of normative legal acts, regulating the issues regarding organization and implementation of the regional and municipal anti-corruption monitoring. In the point of view of the author, at the first stage it is necessary to develop the concept of legal regulation of anti-corruption monitoring in the constituent subject of the Russian Federation. At the second stage, it is necessary to draft and adopt the normative legal acts regulating procedural and technological issues of anti-corruption monitoring, such as order and methods (methodological recommendations) or rules for the regional anti-corruption monitoring. At the third state the author offers to develop and adopt the institutional and municipal normative legal acts on information guarantees of regional anti-corruption monitoring. As a result of his study, the author came to a conclusion that in order to improve the organizational and legal bases for the anti-corruption monitoring in the constituent subjects of the Russian Federation, it is necessary to form a group of model codified normative legal acts on its organization and implementation. It shall allow to support the unified approach towards the evaluation of corruption level, its causes and efficiency of the measures against corruption in various regions and municipal units, and to form a united national system of anti-corruption monitoring.

Keywords: corruption, monitoring, anti-corruption monitoring, corruption monitoring, legal regulation, legal act, rules of monitoring, method of monitoring, order of monitoring.

DOI: 10.7256/2454-0595.2015.7.15274

Abstract: The subject of the research is anti-corruption audit as a special instrument of combating corruption and a form of control over realization of the government anti-corruption policy. The main tasks of the research are: a) to analyze the Russian normative legal acts in the sphere of organization and realization of anti-corruption audit; b) to develop the author’s scientific legal definition of anti-corruption audit; c) to reveal the essence of anti-corruption audit as an instrument of combating corruption and a form of control over realization of the government anti-corruption policy. The methodology of the research is based on dialectical materialism and the general scientific methods of cognition: analysis, synthesis, comparison and others. The scientific novelty of the study lies in the development of the scientific legal category of “anti-corruption audit”, the revelation of the content of anti-corruption audit as an instrument of combating corruption and a form of control over realization of the government anti-corruption policy, and the analysis of the legal base of anti-corruption audit organization and realization.

Keywords: anti-corruption legislation, anti-corruption awareness, prevention of corruption, audit, anti-corruption audit, anti-corruption policy, anti-corruption, Corruption, anti-corruption behavior, anticorruption activity

DOI: 10.7256/2454-0595.2015.7.66668

DOI: 10.7256/2454-0595.2016.9.19222

Abstract: The article studies the problem of application of administrative instruments of combating corruption in the social sphere. This issue is conditioned by legal and organizational problems of combating corruption in the social sphere. The problem of corruption in the social sphere is particularly important since it affects the quality of people’s life. The author explains the necessity to increase the effectiveness of administrative instruments of combating corruption in the social sphere. The author suggests improving both material and procedural administrative instruments of combating corruption in the social sphere. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the quality of various administrative instruments of combating corruption in the social sphere. The author states the necessity to develop legal regulation of combating corruption in the social sphere with the help of administrative instruments.

Keywords: public health, responsibility, punishment, crime, offence, corruption, delict, subject, sphere, composition

DOI: 10.7256/2454-0595.2016.9.68123

Keywords: public health, responsibility, punishment, crime, offence, corruption, delict, subject, sphere, composition

DOI: 10.7256/2454-0595.2013.8.8988

DOI: 10.7256/2454-0595.2013.8.63123

Abstract: The article contains analysis of declared and achievable goals of regional anti-corruption monitoring with the use of comparative legal instruments. The author uncovers the obvious contradictions between the regional anti-corruption legislation and by-laws regulating organization and holding of regional anti-corruption monitoring related to goal-settings. Characterizing the goal-setting in the legal regulation and holding regional anti-corruption monitoring, the author found out that while in some constituent subjects of the Russian Federation the goals of anti-corruption monitoring as provided by the regional legislation are expressed broader than in the by-laws, in other constituent subject the situation is the opposite, when the goals anti-corruption monitoring in the by-laws are broader than the goals in the regional anti-corruption legislation. Due to the above-mentioned matters, the author comes to a conclusion that the norms of regional legal acts on organization and holding anti-corruption monitoring need to be unified, including the sphere of main goals of organization and holding of such monitoring.

Keywords: Corruption, fighting corruption, causes of corruption, corruption — generating factors, corruption monitoring, anti-corruption monitoring, monitoring.

DOI: 10.7256/2454-0595.2015.8.15981

Abstract: The object of the research is anti-corruption education. The subject of the research is a range of quantitative indices characterizing the effectiveness of anti-corruption education as an instrument of corruption combating, contained in federal, regional and municipal normative legal acts. The aim of the study is to develop the system of indices characterizing the effectiveness of anti-corruption education. The main tasks of the research are: 1) to analyze and assess the main indices characterizing the effectiveness of anti-corruption education, contained in the existing Russian normative legal acts; 2) to systematize the existing indices characterizing the effectiveness of anti-corruption education; 3) to develop and suggest the author’s indices characterizing the effectiveness of anti-corruption education and to reveal their essence. The author uses the comparative-legal method, the structural and the systems methods of analysis of legal documents and other methods of the modern Russian jurisprudence. The scientific novelty of the research lies in the analysis of quantitative indices characterizing the effectiveness of anti-corruption education, contained in federal, regional and municipal normative legal acts. The described system of anti-corruption education effectiveness assessment can be used for the monitoring of efficiency of this instrument of corruption combating.

Keywords: anti-corruption behavior, effectiveness indices, anti-corruption informing, anti-corruption legislation, anti-corruption consulting, anti-corruption education, anti-corruption policy, corruption combating, Corruption, anti-corruption activity

DOI: 10.7256/2454-0595.2015.8.66806

DOI: 10.7256/2454-0595.2016.10.19972

Abstract: The research subject is legal regulation of the control functions of regional anti-corruption agencies. The purpose of the research is to systematize the control functions of regional anti-corruption agencies, to analyze their essence and to develop the proposals about the improvement of legal regulation of their activities. The study solves the following tasks: - To reveal the essence of the control function of regional anti-corruption agencies; - To detect, describe and systematize the main forms of control in the sphere of anti-corruption activities of these agencies; - To define the main forms of public control, applied by regional anti-corruption agencies; - To analyze legal regulation of control functions of regional anti-corruption agencies; - To develop recommendations about the improvement of legal regulation and organization of anti-corruption control activities of regional anti-corruption agencies. The research methodology is based on dialectical materialism and the relevant general scientific research methods: analysis, synthesis, comparison and other methods, used in the legal sciences. The scientific novelty consists in the analysis and explanation of the control functions of regional anti-corruption agencies, description of their main forms, essence and main directions of their control activities.

Keywords: anti-corruption legislation, anti-corruption control, legal regulation, corruption prevention, struggle against corruption, anticorruption policy, anti-corruption, Corruption, constituent territories of the federation, anti-corruption agency

DOI: 10.7256/2454-0595.2016.10.68257

DOI: 10.7256/2454-0595.2014.8.12199

DOI: 10.7256/2454-0595.2014.8.65280

Abstract: The article concerns specific features of interaction between the state government bodies and civil society institutions. The author provides administrative legal characteristics of participation of the civil society institutions in the sphere of implementation of the public administration. The author makes a conclusion on the presence of two interrelated problems in the sphere of interaction between the state government and civil society institutions. Firstly, while institutional fundamentals for the interaction between the state and civil society are provided, the society is not ready for active interaction and it is not an equally important partner in these relations. Secondly, the mechanism for such an interaction requires stage-by-stage implementation in order to involve the society in the participation of public administration. The author analyzes the role of interaction between the state bodies and civil society in the sphere of reform of public administration via fighting corruption. The author provides comparative legal analysis of current legislation regulating various aspects of interaction between society and state and representative data of various non-governmental organization based upon polls among the citizens and business structures in order to reveal their opinions on the situation in the sphere of civil society in Russia. Scientific novelty of this article is due to the fact that for the first time it provides analysis of the problems of interaction between the stage government bodies and civil society both in general, and from the standpoints of fighting corruptions and gaps in their administrative legal regulation. Raising efficiency of interaction between the government and civil society is de facto declarative, while being one of the directions of administrative reform. Interaction between the government and civil society did not result in either real influence of society upon the administrative decision-making of the government bodies, or the control over the activities of the state apparatus by the people, or fighting corruption. However, changes in the policy on raising efficiency of public administration is already aimed at a comprehensive solution of the problems in these spheres targeting at the social and public-private partnership. Accordingly, the measures taken in order to involve the citizens into modernization of public administration should work. Therefore, comprehensive solution of the problems in the sphere of interaction between the state and civil society should have a positive influence upon the involvement of the latter in fighting corruption.

Keywords: public administration, regulation, civil society, interaction, fighting corruption, administrative reform, efficiency, concept, anti-corruption policy.

DOI: 10.7256/2454-0595.2014.8.10741

DOI: 10.7256/2454-0595.2014.8.65281

Abstract: Current Russian legislation provides that anti-corruption expertise of normative legal acts and drafts of normative legal acts of state government and municipal bodies is one of the directions in the sphere of fighting corruption (Federal Law of December 25, 2008 N. 273-FZ “On Fighting Corruption”, Federal Law of July 17, 2009 N. 172-FZ “On Anti- Corruption Expertise of Normative Legal Acts and Drafts of Normative Legal Acts”). This article is devoted to the issues of holding an independent anti-corruption expertise, its specificities and recommendations for the practical application of normative legal acts regulating the procedure for this expertise. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The article provides analysis of the foremost important principles and aspects of application of norms of the Russian legislation on holding independent anti-corruption expertise. In the process of studies based upon the analysis of the legal practice, the author reveals existing problems in this sphere and proposes possible solutions to overcome these problems. The conclusions of the article may be of use for the state government and municipal bodies, law-enforcement bodies, as well as persons and legal entities qualified as independent experts by the Ministry of Justice of the Russian Federation.

Keywords: state government bodies, municipal bodies, normative legal acts, drafts of normative legal acts, efficiency, independent expert, principles, subjects of anti-corruption expertise, fighting corruption, anti-corruption expertise.

DOI: 10.7256/2454-0595.2014.8.12609

DOI: 10.7256/2454-0595.2014.8.65282

Abstract: The object of studies involves legal regulation of the activities of the specialized federal anti-corruption body: the Presidential Anti-Corruption Department. The goal of the study is to describe goals and targets, competence and structures of the Expert Council under the auspices of the Presidential Anti-Corruption Department. The target of the study is to reveal the contents of the main goals of the Expert Council under the auspices of the Presidential Anti-Corruption Department, as well as the main spheres of its competence and to propose the measures for the improvement of regulation of activities of the Expert Council under the auspices of the Presidential Anti-Corruption Department in the sphere of fighting corruption. The main method of studies was the traditional dialectic cognition method and the general scientific methods based upon it, such as analysis, comparison, etc. The article for the first time in legal literature provides description and explanation of legal regulation of the activities of the specialized federal anti-corruption body — the Expert Council under the auspices of the Presidential Anti-Corruption Department, as well as description of its activities, main goals, competence and structures. Also, some measures are offered for the improvement of legal regulation of activities of this body.

Keywords: corruption, fighting corruption, anti-corruption body, expert council, anti-corruption policy, structure of the Council, goals of the Council, purposes of the Council, fighting corruption, expert body.

DOI: 10.7256/2454-0595.2013.9.9428

DOI: 10.7256/2454-0595.2013.9.63190

Abstract: The article includes the comparative legal study of the contents of the legal category “anti-corruption propaganda” as used in the current Russian regional anti-corruption legislation. As a result of the study the author comes to a conclusion that the current Russian regional anti-corruption legislation has no unified approach towards the legal category of “anti-corruption propaganda”, so sometimes it gains various meanings, which do not correspond to its initial elements. The main reasons for the ambiguity within the legal category of “anti-corruption propaganda” in the regional anti-corruption legislation include lack of professionalism by the drafters of the regional anti-corruption legislation an lack of scientifically supported legal definition of this anti-corruption instruments and provisions for it in the federal normative legal acts. Based upon the study the author comes to a conclusion that there is need to scientifically develop a legal category of “anti-corruption propaganda” and to improve legal regulation of this type of anti-corruption activity.

Keywords: corruption, fighting corruption, anti-corruption legislation, anti-corruption education, anti-corruption agitation, anti-corruption agitation, anti-corruption information, anti-corruption legislation, propaganda goals, subject of propaganda.

DOI: 10.7256/2454-0595.2013.9.63191

Abstract: The article includes criminal and criminally-related corruption matters in private legal sphere. The author provides a typology of corruption acts and offences in the private spheres, and she analyzes their consequences. Based upon the above-mentioned study, she formulates proposals for the current legislation.

Keywords: corruption, private legal sphere, consequences of corruption, typology of corruption offences, limitation, control, regulation.

DOI: 10.7256/2454-0595.2015.9.15178

Abstract: The research focuses on the essential characteristics of anti-corruption enlightenment and anti-corruption education as two interconnected and interdependent forms of anti-corruption activity, and their correlation. The study aims at: a) revelation of essential characteristics of anti-corruption enlightenment and anti-corruption education; b) assessment of their correlation as the forms of anti-corruption activity; c) outlining of the common and the specific features of both notions; d) the analysis of normative legal acts regulating the sphere of anti-corruption enlightenment and education. The methodology is based on dialectical materialism; the main research method is structural analysis which helped to define the correlation of anti-corruption enlightenment and education. The main conclusions of the study are: a) anti-corruption education and anti-corruption enlightenment are different means of combating corruption with a significant anti-corruption potential, though having some similarities; b) they differ in all structural elements: goals and tasks, subjects and objects, means of implementation, legal regulation and legal consequences.

Keywords: anti-corruption informing, prevention of corruption, anti-corruption enlightenment, anti-corruption education, anti-corruption policy, combating corruption, Corruption, anti-corruption worldview, anti-corruption behavior, anti-corruption activity

DOI: 10.7256/2454-0595.2015.9.66890

DOI: 10.7256/2454-0595.2014.9.12769

DOI: 10.7256/2454-0595.2014.9.65457

Abstract: The object of studies involves anti-corruption functions of the cadres divisions for the prophylactics of corruption- related and other offences of the public government bodies of the Russian Federation. The goal of the studies is to describe and to explain main and subsidiary guaranteeing functions of the cadres divisions of the public government bodies in the sphere of prophylactics of corruption-related and other offences. The immediate goals of the studies involve the following: a) description of the legal fundamentals for the activities of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies reflecting their anti-corruption functions; b) classification of anti-corruption functions of the cadres divisions of the public government bodies regarding corruptionrelated and other offences; c) discussing elements of the anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies. The methodological basis for the studies involved a dialectic method, and general scientific methods widely accepted in the sphere of jurisprudence: systemic and structural analysis, comparison, etc. The scientific novelty is due to the fact that for the first time in the Russian legal science the author provides the definition of anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies based upon the analysis of normative legal acts and other documents, discussing their contents and providing a scientific classification of anti-corruption functions of the cadres divisions for the prophylactics of corruption-related and other offences of the public government bodies.

Keywords: corruption, fighting corruption, cadres service, corruption prophylactics, anti-corruption consulting, anticorruption enlightenment, anti-corruption education, functions, anti-corruption functions, public government bodies.

DOI: 10.7256/2454-0595.2014.10.13207

DOI: 10.7256/2454-0595.2014.10.65566

Abstract: The object of studies involves public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control. The goal of the study is to describe and to explain the contents of public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control. The immediate goals of the study involve: a) describing the contents of public hearings on the issues of fighting corruption as one of the forms of public control; b) to develop the scientific legal definition of public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control; c) to offer mechanisms for the implementation of the public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control. The methodological basis for the studies is based upon the dialectic materialism, and the general scientific methods of cognition used in the modern humanities. The scientific novelty is due to the fact that for the first time in the legal science the author offers a scientific legal definition of the public hearings on the issues of fighting corruption as one of the forms of interaction of the civil society institutions with the public government bodies in the process of public control, discussing the contents of this legal category, offering procedural and technological mechanisms for the implementation of the public hearings on the issues of fighting corruption as a form of public control.

Keywords: corruption, fighting corruption, anti-corruption system, public hearings, public hearing, anti-corruption legislation, anti-corruption programs, hearings, public government bodies, civil society institutions.

DOI: 10.7256/2454-0595.2013.12.10313

DOI: 10.7256/2454-0595.2015.11.15261

Abstract: The subject of the research is the range of legal and organizational problems of combating corruption in the system of civil service. The object of the research is the range of public relations connected with combating corruption in the system of civil service. The author considers the components of the mechanism of administrative-legal regulation of combating corruption and formulates the proposals about the increase of the efficiency of administrative-legal means of combating corruption. The main attention is paid to the development of the criteria of efficiency of combating corruption. The methodology of the research is based on the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods of special sociological research (statistical methods, expert assessment, etc.). The author concludes that combating corruption in the system of civil service is not efficient enough. Therefore, it is necessary to develop the legal base for the activities of public authorities and public administration aimed at combating corruption. The main contribution of the author is the attention to this problem. The novelty of the research lies in the development of instruments for combating corruption in the system of public service.

Keywords: corruption, the offence, damage, service, chenovnik, bribe, opposition, the fight, system, tool

DOI: 10.7256/2454-0595.2015.11.67093

Keywords: struggle, combating, bribe, official, service, damage, offence, corruption, system, means

DOI: 10.7256/2454-0595.2015.12.16873

Abstract: The subject of the article is the process of formation of a set of indicators reflecting dynamics and character of corruption offences in the system of public and municipal service. The author analyzes the existing approaches to the assessment of corruption level taking into account the international and Russian practice. The main attention is paid to the classification of indicators based on corruption crimes revealed by corruption prevention units of public and local authorities. These offences rate among disciplinary delinquencies, and the proposed indicators reflect the level of anticorruption discipline in public and local authorities. The author applies general philosophical methods (the systems method, analysis, synthesis, analogy), traditional legal methods (formal-logical) and statistical methods. The author concludes that it is necessary to connect corruption indicators with the formation of anticorruption policy and efficiency assessment of anticorruption measures, which corresponds with the methodology developed by the Audit Chamber of the Russian Federation. The novelty of the research lies in the development of suggestions about the application of corruption indicators for development and (or) correction of targeted anticorruption measures in public or local authorities.

DOI: 10.7256/2454-0595.2015.12.67158

Keywords: public service, municipal service, corruption, indicator, latency, susceptibility to corruption, corruption scale, anticorruption policy, targeted character, efficiency

DOI: 10.7256/2454-0595.2013.8.63122

Abstract: The article reflects upon the importance of the topical issues in the sphere of fighting against corruption offences, and special attention is paid to the dangers of corruption offences in the customs bodies of the Russian Federation. The author provides delict-based, social and legal characteristics of corruption and uses its legal definition. The article contains evaluation of topical issues and current administrative legal mechanisms for fighting corruption within the state service system in the Russian Federation, as well as of administrative anticorruption legal norms in accordance with the modern legislative tendencies. The author then makes a conclusion on the insufficiency of criminal legal means for the efficient fight against corruption offences, and evaluates the perspectives for the application of administrative legal norms against corruption in the customs bodies of the Russian Federation. As a result of the study, the author draws a conclusion on the formation of the system of administrative legal norms against corruption. The article includes analysis of some Federal Laws and Decrees of the President of the Russian Federation containing anti-corruption provisions. The author offers to develop the provisions of federal anti-corruption legislation in the departmental normative legal acts.