A corruptive factor is a concept, examples. Anticorruption Expertise

Every corruption factor is one of the conditions through which corruption is born and spread. In general, such prerequisites arise from the imperfection of the state system and legislation. Below is a list of the most common factors of corruption growth, as well as the essence and principle of the work of anti-corruption expertise.

The arbitrariness of officials

The first corruption factor is the breadth of discretionary powers. What is it? This factor is based on the uncertainty or lack of terms and conditions for decision-making. It can also be described as the coexistence of equal powers among different state bodies or officials. The very adjective "discretionary" means literally "acting at its own discretion."

In other words, this factor develops in a situation when an official receives a certain unacceptable freedom of authority and can make decisions in favor of his interests (primarily financial). Many examples can be cited to describe this pattern. If the administrative regulations do not specify the timing for the adoption of a certain decision, the official for the sake of his own selfish goals will get a chance to deliberately pull with the adoption of this decision. Thus, he can offer for some "services" to speed up his work.

Another corruptive factor is an intentional way out of its own competence. This can be done by local authorities or state authorities.

Legal collisions

"Holes" in the laws can lead to the fact that officials will be able to fill the gap formed by by-laws, the essence of which will help them to enrich themselves or get some other benefit. In Russia, a similar situation developed in the 90s. Then the old Soviet legislation suddenly became invalid, and new norms were adopted for several years. It was at this time that there were many legal conflicts.

This corruption factor is due to the fact that laws can not be adopted on any minor issue, thereby regulating each particular case of law enforcement. But what then remains to be done in the event of controversial situations? For them, there are subordinate acts that can completely settle certain particulars. For example, they can be resolved by certain disputable aspects of the activities of state bodies.

Is the official position a corruption factor? Only if the work of an official is not described with all the details in the legislation. The state needs to build and maintain a system in which, regardless of its position, the official will know exactly his place, boundaries of authority and full responsibility for corruption crimes. If this institution works efficiently and without exceptions, then the notorious human factor will disappear , which is often lamented, explaining the reasons for the colossal bribery.

Unclear administrative procedures

Often, corruption crimes occur because of incompleteness or lack of administrative procedures. In this case, we are again talking about the imperfection of the legislation. In order to prevent this dangerous factor, the state needs to adopt such legal acts that would provide for all possible administrative procedures that are mandatory for satisfying public interests.

The wording given in the legislation is quite streamlined. According to the principle of incompleteness of the description of administrative procedures, many norms can be challenged. For example, we are talking about Article 80 of the Constitution of the Russian Federation, which indicates that the president is a representative of the state on the international arena. However, the law does not provide a detailed explanation of the procedure for the actions of the first official.

This example shows that the literal interpretation of the above-described corruptogenic factor is dangerous and incorrect. But the erroneous and frivolous attitude to this phenomenon is erroneous. Often, corruption crimes occur because officials are obscure laws that regulate their activities, and use their position to their advantage. Therefore, most of the activities of the authorities need a detailed and full-scale description.

Auction (competitive) procedures

All kinds of state tenders are a huge niche for illegal enrichment. Modern corruption in Russia is based on budget competitions. It can be about anything - the construction of large infrastructure facilities, the production of certain goods for government needs. By themselves tenders on a competitive basis are not types of corruption-related factors. They are used as roundabout ways for enrichment in the event that the state system is imperfect, and its struggle against economic crimes of officials is in a depressing state.

According to the classical scheme auctions and competitions are used as follows. The officials responsible for conducting the tender affect the final decision on the winner. The project they give to the company that will offer the best price for it. In this case, the money, of course, go to the official's pocket. Simply put - this is a kind of rollback.

Also, officials can play tenders in favor of companies belonging to "their" people - friends or relatives. Often corruption in Russia boils down to the following. A company closely connected with a government representative receives a project (for example, building a road) and implements it later on. In other words, part of the money in the data to fulfill obligations, goes to the official's pocket, because of what the result is suffering first of all. If it comes to construction, then most likely, the contractor will save on construction materials, which will lead to a drop in the quality of work. The new road will be short-lived, the new building will soon need repairs, etc. And this, in turn, is the reason for the next competitions, which will want to earn negligent officials.

Tenders and Offshore

According to statistics, the identification of corruption-related factors shows that such schemes using competitions have long superseded from the first positions so-called domestic corruption - the transfer of money by civil servants directly "in envelopes" for the provision of certain services. Such a network can consist of many levels and persons. Often for the enrichment through competitions, one-day companies are created. After receiving the state order, they suddenly disappear (and with them money).

The competitive model has left in the past scenes with the transfer of money in suitcases stuffed with cash. Such primitive methods became the lot of feature films. Using one-day companies, buffer companies and other contrivances, government officials often take money abroad to "wash" them and safely use them as honestly earned. Such corruption is based on offshore. These overseas accounts or companies help criminals legalize looted and stolen from the state and taxpayers.

Administrative Barriers

Among other things, corruption factors are overstated requirements for citizens, necessary for the realization of their legal rights. Officials can impose difficult and burdensome barriers that prevent people or organizations from receiving state aid, etc. This situation is a typical excess of authority. Of all the ways for the unjust enrichment of officials described in the legislation, it is this corruption-specific factor that is the most unambiguous and clear. The concept of "administrative barriers" is clear and transparent. In their capacity there can be huge queues, excessive number of necessary certificates, etc.

All these unpleasant phenomena for citizens represent a fertile ground for the emergence of products. On the one hand, an official can provide some kind of advantage or service for money, and on the other hand, save from burdensome troubles. It is according to the last principle that this corruption factor works. In the law there are no detailed examples, but they can be imagined with at least some understanding of public services.

Sometimes a similar situation develops with military personnel, who are entitled to a dwelling under a contract of social hiring. In order to stand in line for a person, you need to collect more than a dozen references. All of them are made in different state bodies, and the slightest niggarding of an official can cause repeated tolls and upholstering the thresholds of various services, ministries and administrations in search of extracts from registers and photocopies. When, in such a sensitive and vital issue, the official determines the fate and future welfare of a citizen, there is a temptation to use his position to enrich himself. In other words, only the decency of a particular official can save a person from the need to provide bribes.

It is fair to say that in recent years the state has taken several steps to resolve this problem. In 2012, a law was passed that changed the course of the provision of various social services by the authorities. In particular, this innovation has shifted to state bodies the duty to request certain documents, making it easier for a citizen to obtain the necessary papers. And nevertheless, this problem is still relevant. To solve it is one of the most important goals of the state in today's anti-corruption policy.

Formulations in documents

Other signs of corruption-related factors are the linguistic uncertainty of some legal formulations in official documents. As a rule, this problem is related to value judgments. In order to determine such conflicts, special linguistic and legal expertise is conducted.

There are several fundamental rules concerning the drafting of normative acts. Documents should be written in a clear and understandable language for ordinary citizens. Papers need to be cleaned from complex and streamlined formulations, jargon, foreign words, etc. Ambiguous terms are an excellent excuse for bureaucratic abuse.

There is a so-called legal technique - a set of rules, according to which normative acts are written. Ignoring these principles makes official papers a source of corruption. Improperly drafted normative acts seriously hamper law enforcement activities, slow down the work of state bodies, take away unnecessary time from citizens. Conflict of interest as a corruption factor is a dispute that may arise, among other things, because of such low-quality documents.

Anticorruption Expertise

In modern Russia, there is a law, according to which anti-corruption expertise is carried out by responsible bodies. This measure appeared due to the ratification of the Russian Federation by the special United Nations Convention. This set of rules is designed to regulate the state's struggle against bribery and embezzlement. Anti-corruption expertise is necessary for periodic re-evaluation of administrative measures and legal documents. Their adequacy and effectiveness in fighting bureaucratic violations are checked.

The prerequisites for carrying out anti-corruption expertise in modern Russia were the theoretical studies of the Center for Strategic Research and the Indem Foundation, conducted in 2003. Specialists released a special memo. With the help of it, it was possible to determine whether corruptogenic factors were present in the work of the authorities. Examples of such documents the authors of the publication drew from foreign Western experience.

In Russia, these studies were the first of its kind. They showed that under the conditions of a newly emerging market economy, young state institutions were extremely prone to corruption. And it was not just that officials were greedy and willing to illegally enrich themselves. It would be strange to think that such officials worked only in Russia. Of course, they are everywhere, but in an effective state there are mechanisms that cut off any opportunities for bribery. Immature power in Russia has no such system to build yet. But it was in the mid-2000s that the institution of anti-corruption expertise began to emerge, which in the future helped to make fighting corruption more effective. The results of those innovations are noticeable today.

Features of anti-corruption expertise

Anticorruption examinations are primarily carried out at the stage of adoption of a new normative legal act. So they help to adopt a new bill, decree or document, already spared from dangerous legal gaps. Expertise is one of the ways to prevent corruption along with the creation of an open government, public communication, the participation of society in the political life of the country, the removal of administrative barriers to business. It is effective only in conjunction with all the above measures and phenomena.

Anti-corruption expertise is carried out by the bodies of the Russian Prosecutor's Office, as well as by the Ministry of Justice. Their roles in this process are different. In this way, the prosecutor's office compiles, based on the results of the examination, an opinion consisting of requirements that are then necessarily fulfilled. Such measures are necessary preventive measures to improve the quality of the normative right act. In a similar format of checks, a document can pass several examinations. He will return to his department until, in the opinion of the auditors, he does not comply with all the principal anti-corruption requirements.

Corruption and lawmaking

First of all, anti-corruption expertise is designed to provide security measures necessary to protect public relations from a possible source of corruption. It can arise in a variety of spheres and activities.

For example, speaking of normative legal acts, one can not fail to mention deputies - subjects of the law-making process. They are subject to outside influence. An indicative situation developed in the Russian parliament in 2002, when 80 of the 179 members of the Federation Council were entrepreneurs or lobbyists of different corporations. In other words, all laws relating to business were accepted by interested people.

In a certain situation, representatives of a large company could give it significant advantages in the market to the detriment of its competitors. Such activities often led to the emergence of sectoral monopolies. Of course, such lawmaking is an example of hard-core corruption, and anti-corruption expertise of the proposed laws is just struggling with these phenomena.