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SCIENCE TIME
ANTI-CORRUPTION SYSTEM IN THE FOREIGN COUNTRIES
Indarbaev Ashab Alievich, Financial University under the Government of the Russian Federation, Moscow
E-mail: [email protected]
Abstract. There is no country where corruption would not take a place all. Just need to distinguish between petty corruption when officials take bribes from citizens, and corruption at the highest level, when a major government official receives a reward, for example, the allocation of public orders or pushing favourable laws for someone interests. In this regard, the particular interest attracts the state, attained some success in the fight against corruption. The idea of isolating anti-corruption programs that have proven their effectiveness in practice, is enormous potential for positive borrowing of foreign experience.
Key words: corruption, anti-corruption activities, national security.
The top ten or twenty rated of the level of corruption countries, which formed the anti-corruption strategy at the state level and managed to reduce its level to the minimum, are: Finland, Denmark, New Zealand, Iceland, Singapore, Sweden, Canada, the Netherlands, Luxembourg, Norway, Australia, Switzerland , United Kingdom, Hong Kong, Austria, Israel, the US, Chile, Ireland, Germany, Japan.
In countries such as the Netherlands, Sweden or Denmark, petty corruption is practically impossible. The fact is that in the public mind there is cultivated commands respect by officials as the person who performs the important task - pursuing a policy of the state and serves a population. Even if an official working in the government, it does not change with the arrival of a new prime minister [1]. Therefore, the main task of the officials is to keep loyalty to the state, rather than a particular person.
Some features of the organization of anti-corruption activities in the above relatively healthy countries are as follows. Corruption is realized by their governments as a serious national security issue. In this case, corruption is seen as external and internal threats. Clearly separated two aspects of corruption: political and economic. The development of political corruption can lead to uncontrolled political situation in the country and poses a threat to democratic institutions and the balance of the
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different branches of government. Economic corruption reduces the effectiveness of market institutions and the regulatory activities of the state. It is important that efforts to curb corruption in these countries tend to be institutionalized, and is impressive in its scope.
American criminal law is of particular structure. It consists of federal criminal law and criminal codes of individual states. And state and federal law generally provides for liability for the same kinds of malfeasance in corruption. The main part of the federal criminal law relating to a greater or fewer degree of corruption, is contained in section 18 of the Laws of the United States.
In the US, the concept of official corruption includes a number of offenses, provided mainly in the four chapters of Title 18 of the Code of Laws:
a) Chapter 11 "Bribery, dishonest gains and abuse of public officials";
b) Chapter 93 "Officials and contract employees";
c) Chapter 41 "Extortion and threats";
d) Chapter 29, "Elections and political activities."
Liability for bribery to be anyone who gives, offers, promises anything of value to a public official or candidate for this position to:
- influence his official actions, ie the decision in his custody matter, business, litigation proceedings;
- not to affect the official order to commit to help make, conspire to allow any fraudulent act or create an opportunity to commit fraud;
- induce the official to act or omission in breach of its legal obligations [2].
The penalty for those who give and those who receive bribes, is a fine of up to $ 10 000, or (and) imprisonment for a term not exceeding two years. Punished along with the now functioning as the former is subject to, and future employees.
Among the federal malfeasance and actions included employees of banks, which may cause damage to the federal banking system. Officers, directors or employees of the employment of any banks in the Federal Reserve System or insured by the Federal Insurance Corporation, National Agricultural Credit Corporation, the proposed inspector bank loan or a tip, commits an offense punishable by a fine up to $ 5,000, or (and) by imprisonment for up to one year. The same punishment awaits inspectors themselves bank if they accept credit or gratuities (§ 212, 213).
Any employee of the bank, deposits that are insured by the Federal Insurance Corporation, the Federal Employee bank lending or intermediate National Agricultural Credit Corporation, which for commissions or gifts contributes to obtaining a loan by a person by the company and the corporation commits the same offense (§ 215).
A peculiar kind of malfeasance is bribery in order to use the influence of the appointment to public office. In this case, it is not about bribery in the strict sense, the remuneration received or given for the mere promise to use its influence in the future. The subject of this crime can be not only an individual, but also firm, corporation.
Liability is incurred and for those who pay and those who offers or promises to pay for future support or influence in the appointment.
To prevent the spread of the forms of illegal use of official position for personal gain, legislation and departmental rules regulate the situation defined in American law the concept of "conflict of interest» (§ 203-209 of Title 18, Code of Laws), which may be 1) in the performance of official their official duties; 2) as a result of a person already terminated their service in government. About the dangers of this phenomenon and its prevalence as evidence enough detailed study of the legal responsibility of officials for its commission, and that the Department of Justice has a special department aimed at combating crimes related to conflict of interest. Legislating the "conflict of interest" is intended to ensure that private considerations do not unduly influence the decisions of national importance to fair and equal treatment were developed to those who deal with the government.
Federal law provides for the restriction of business activity of former public officials after leaving the public authorities. If the current official "personally and substantially" participated as a government official in the resolution of specific problems, he has no right after retirement to represent anyone's interests to allow the executive authorities of the same problems in the future. This ban is permanent and applies to any action before the Office. Within one year after the resignation of former high-ranking civil servant has no right to represent anyone's interests on any matter before the same department where he served.
Punishable by US government employees receive remuneration in addition to the amounts due to him under the law. These acts provided by Chapter 93 of Title 18, United States Code. For example, if an official, employee recruitment, or a representative of the United States of any of the federal agencies receiving fee or reward for their service in addition to the amounts that he relied on the law, it is punishable by a fine up to $ 500 or (and) imprisonment for up to six months, with the obligatory loss of the right to hold this position (§ 1912) [3].
Extortion, as a special part of malfeasance, is allocated in a separate chapter. According to § 872, "the one who, being an officer or employee of any department or representation of the United States, as well as the one who pretends to be such, solicits or attempts to extort something, shall be punished by imprisonment for a term up to three years, or (and) a fine up to $ 5,000. "
Malfeasance related to elections and political activities are reflected in the US law is not accidental. Political campaigns in the United States are the most expensive. Chapter 29 provides for the responsibility of candidates for any elective office, who in exchange for support for his candidacy promise anyone was appointed to the position of public or private, or getting employment.
Liability is incurred and for those who during the political campaign promises employment or other benefit for participating in political activities, advocating for or
against a candidate or political party.
This group is assigned and the harassment of political cooperation on the part of senators, members of the House of Representatives, US officials or persons receiving salary or remuneration from the US Treasury, which directly or indirectly harass, receive, or otherwise participate in the solicitation or receipt of any donations, subscriptions or rewards for political reasons for cooperation with other such official.
However, the United States shall adopt such legislative initiatives not only in terms of corruption that exists within national boundaries, but also due to the practice of international corruption. United States became the first country to pass a law "On foreign corrupt practices" (1977), which prohibits bribery of foreign officials. [4] Precisely because of this act and the constant lobbying by the US adoption of similar legislation in other countries (to neutralize the fact of non-competitive US companies in the global market), in December 1997 was adopted, and in February 1999, entered into force on the OECD Convention on Combating Bribery Foreign Public Officials in international transactions. The Convention obliges signatory states to adopt domestic laws criminalizing foreign bribery.
Democratic regime, though does not guarantee freedom from corruption, but provides more opportunities to deal with it. Firstly, the competition of parties to expose corruption of the ruling elite. Second, freedom of speech allows the press to monitor government officials. Civil society, as an institution, inherent democratic regime, can enhance the effectiveness of the Independent Commission Against Corruption. These organs are functioning successfully in Hong Kong, Singapore, Malaysia, Taiwan, which confirms their CPI.
Literature:
1. Kovalev N.D. Sovremennoe sostojanie i perspektivy reformy antikorrupcionnogo zakonodatel'stva v Rossii. Bor'ba s korrupciej: aktual'nye problemy zakonodatel'nogo obespechenija. Sbornik statej i dokumentov. M., Izdanie Gosudarstvennoj Dumy RF, 2002.
2. Kommentarij k Ugolovnomu kodeksu Rossijskoj Federacii. // Pod. red. V.D. Ivanova. - Rostov n / D: Feniks, 2002.
3. Korrupcija: politicheskie, jekonomicheskie, organizacionnye i pravovye problemy. // Pod. red. V.V. Luneeva. M.: Izd. «Jurist», 2001. S. 185.
4. Kuznecov Ju. A., Silinskij Ju. R., Homutova A. V. Rossijskoe i zarubezhnoe zakonodatel'stvo o merah protivodejstvija korrupcii. Vladivostok, 1999. S. 98-102.
5. Kulikov A.D. Korrupcija: jekonomicheskie i organizacionno-pravovye problemy. / Sbornik materialov Mezhdunarodnoj nauchno-prakticheskoj konferencii. M.: Jurist, 2001. - S.57.
