Forms of corrupt behavior. Forms of corruption. Anti-corruption methods

Corruption in the modern world is so many-sided, and the forms of its expression are so diverse, that it is of practical interest to recognize and classify these practices. After all, knowledge of the forms of corruption makes it possible to identify and apply adequate means of counteracting it, corresponding to the nature of each form.

Under the form of corruption (from lat. forma- external expression) means the way of existence and external expression of the content of corruption manifestations. In addition, the concept of "form of corruption" is used to denote the internal organization of the content of corruption relations, their structure, structure, connections and methods of interaction between the subjects of corrupt interactions regarding the object (benefits, statuses, privileges).

The forms of expression of corruption depend on the content of the phenomenon itself. However, forms of corruption are relatively independent. Moreover, they can have a significant impact on the content of corruption ties, their subsequent qualifications and degree of responsibility (criminal, administrative, disciplinary, property). The broadest concept - "corruption offense" includes all elements of socially harmful and socially dangerous acts that have signs of corruption: 1) corruption crimes - all elements of socially dangerous acts that have signs of corruption and are prohibited by the Criminal Code of the Russian Federation; 2) administrative offenses - all elements of socially harmful acts that have signs of corruption and are prohibited by administrative law; 3) civil tort;

4) disciplinary offenses with signs of corruption.

Summarizing modern corruption practices, one can classify them based on the account of the dialectic of form and content. Since corruption is an action that has a motive, a goal, an intended result and an outwardly expressed manifestation of this action, conventionally modern forms of corruption can be ranked on two grounds:

1) the subjective side of corruption relations (i.e., according to the aspirations and direction of actions of the participants in corruption relations, either on material or intangible benefits);
2) the objective side (that is, by the form of the external expression of corruption ties, manifested either in action or inaction).

The types of material corruption (Fig. 1.1) are quite diverse - this is official bribery, and theft, and kickback, and embezzlement, regardless of the form of manifestation: money, greyhound puppies, cars, budget funds, etc. However, what they have in common is the subjective orientation of the actions of the bribed (official) corrupt relationship to obtain material values in exchange for influence for the bribe.

Rice. 1.1.

The most widespread type of material corruption is official bribery - illegal transfer of material assets to a person performing managerial functions in a state body or providing him with services of a property nature for actions (inaction) related to the official position of the bribe and committed in the interests of the bribe. Moreover, the subject of sale and purchase, as a rule, is influence. Bribery exists in both active and passive forms. Active bribery - illegal transfer of money, securities, other property to a person performing managerial functions in a private organization or in a state and municipal body, as well as illegal provision of services of a property nature to him for committing actions (inaction) in the interests of the giver in connection with the official position held by this person ... Passive bribery - illegal receipt by a person performing managerial functions in a private organization or in a state and municipal authority, money, securities, other property, as well as illegal use of property services for committing actions (inaction) in the interests of the giver in connection with the official position held by this person.

Bribery of a civil servant can manifest itself in the form of bribes and kickbacks. Are recognized as a bribe money, securities, other property or property benefits transferred to the bribe taker for actions (inaction) committed in the interests of the bribe giver or the persons represented by him, which the bribe taker could or should have committed due to his official position(within the meaning of Articles 290 and 291 of the Criminal Code of the Russian Federation). Bribery includes three corpus delicti: 1) giving a bribe; 2) receiving a bribe; 3) mediation in bribery. All these structures are associated with the presence of a special subject of the crime - an official. In accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation of 10.02.2000 No. 6 "On judicial practice in cases of bribery and commercial bribery" free of charge, but payable (provision of travel vouchers, apartment renovation, construction of a summer house, etc.). Benefits of a property nature should be understood, in particular, the understatement of the transferred property, privatized objects, a decrease in lease payments, interest rates for the use of bank loans. " Thus, the concept of "bribery" is broader than the concept of "bribe", since, in addition to the compositions described, it includes commercial bribery, bribery of organizers and participants in sports competitions.

According to the time of committing a corrupt act, a bribe-bribery and a bribe-reward are distinguished 1. Bribery is a bribe that was received (transferred) prior to the commission (evasion) in the interests of the bribe-giver of an action. The bribe-reward is a bribe received (transferred) after committing certain actions in favor of the briber (an act of inaction). Federal Law No. 97-FZ of 04.05.2011 "On Amendments to the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses in Connection with the Improvement of State Administration in the Field of Combating Corruption"

Criminal law of Russia: Practical course: educational and practical. allowance / R.A. Adelkhanyan, D.I. Aminov, A.V. Bokov 1i drf M .: Voltere Kluver, 2004.

drank criminal liability for mediation in giving and receiving bribes.

Rollback - a type of material corruption, consisting in the fact that an official, when choosing a supplier of goods or services, chooses a certain offer and for this he receives remuneration from the supplier in the form of a fixed amount or a percentage of the transaction amount. The main difference between a kickback and a bribe is that when a rollback is made, payment is made from the funds of the contract, while when a bribe is paid, it is made from personal funds. If bribery and bribery are enshrined as separate corpus delicti, then kickback is a purely scientific form of corruption.

Another type of material corruption is embezzlement. In a broad sense, embezzlement is understood as theft of state funds or other state property by officials. This kind of corruption causes enormous harm to the state, since along with the disappearance of budget money, the efficiency of state administration decreases and, as a result, the population's distrust of government bodies grows.

The types of intangible corruption (Fig. 1.2) include illegal actions for the provision of certain services by an official (official protection, guardianship, representation of interests) to friends, relatives associated with the use of their official

Rice. 1.2.

position. Such corruption is more latent (hidden) than material corruption, and therefore it is extremely difficult to determine its volume, as well as the harm it causes to the state and society. Intangible corruption can manifest itself in the form of nepotism, tribalism, protectionism, crownism, favoritism, and lobbying.

A fairly common type of intangible corruption is nepotism - patronage at work, which is based on family relationships. A number of experts define nepotism as “patronage of close and distant relatives and friends to the detriment of business, appointment or promotion based on family ties, giving priority to relatives in the distribution of positions, despite the fact that other candidates have higher qualifications” 1. At the same time, we note that a rather thin line distinguishes official patronage of friends from nepotism or nepotism, which are also related to types of intangible corruption. Another type of intangible corruption, tribalism, is also adjacent to nepotism, which is expressed in the granting of privileges in the selection and placement of personnel in the state apparatus to people from one ethnic group, while representatives of other ethnic groups are discriminated against. This type of intangible corruption is associated with manifestations of nationalism that give rise to ethnic conflicts and threaten the integrity of the state.

Among the types of intangible corruption, the institution of lobbying is highly controversial. Lobbying is promotion of group interests that are contrary to public and state interests(adoption of a "necessary" law, delivery of a "useful" court decision), in order to extract personal benefits of a property and non-property nature, committed by officials. In a number of countries, lobbying is legalized by law and is a channel of communication between interested groups and government authorities. For example, this practice is very developed in the USA and Canada. A number of domestic experts deny the need to legalize lobbying in Russia 2. Perhaps this position stems from a misunderstanding of the function of lobbying as a legal channel of communication between the authorities and interested groups. The task of the authorities is to make the process of promoting the interests of groups

State policy of combating corruption and the shadow economy in Russia. P. 25.

Cm.: Gribkov M.L. State Anti-Corruption Department.

in the public space as transparent as possible. Lobbying is designed to identify these interests, convey them to the authorities and legally integrate them into management decisions. Fears associated with the legalization of lobbying, which will lead to one-sided privileges of big business to represent their interests in power structures, are greatly exaggerated. It is much worse that today lobbyists on the sidelines resolve their issues with the authorities.

Another form of service patronage is kronism, which presupposes appointment to a position or choice as partners not on the basis of business qualities and economic resources, but on the basis of friendly relations (by acquaintance). An intangible type of corruption is protectionism (fr. protectionnisme from lat. ptotectio - protection, patronage), which is expressed in illegal actions aimed at undeserved encouragement or extraordinary unjustified promotion. A closely related type of intangible corruption is favoritism, which is expressed in the biased patronage of pets with no merit for their promotion.

On the objective side of corrupt practices (i.e., outwardly expressed action or inaction), the following main forms of corruption manifestations are distinguished:

commercial bribery, which consists of: the transfer of money, securities, other property; or the provision of services for the commission of actions (inaction) in the interests of the giver; the conditions for the illegality of the transfer of property or the provision of services; the connection between actions (inaction) and the acts expected from the bribed person based on his official position;
abuse of official powers consists of the use by an official of his official powers against the interests of the service; the consequences that have occurred in the form of violated rights and interests of citizens, organizations, society or the state; the causal relationship between the act and the consequences;
abuse of authority - an act by a person using his / her powers, inconsistency of the act with the legitimate interests of the organization, criminal consequences in the form of substantial harm;
taking a bribe consists of receiving a bribe by an official personally or through an intermediary in the form of money, securities, other property or property benefits; receiving a bribe for the performance of certain actions (inaction) of an official in favor of the bribe-giver or the persons they represent;
illegal participation in entrepreneurial activity - the establishment of organizations engaged in entrepreneurial activity, personally by an official or through a figurehead; participation in the management of such organizations;
official forgery - introduction of deliberately false information into official documents or corrections that distort their actual content.

Summing up the analysis of modern forms of corruption practices, for the purpose of practical use of theoretical knowledge in the course "State anti-corruption policy" (in order to refrain from committing criminal acts), it is important to know that main types corruption crimes are enshrined in the Criminal Code of the Russian Federation and conditionally they can be divided into public and non-public.

Public corruption crimes include:

a) abuse of office (Article 285 of the Criminal Code of the Russian Federation);
b) illegal participation in entrepreneurial activity (Article 289 of the Criminal Code of the Russian Federation);
c) taking a bribe (Art. 290 of the Criminal Code of the Russian Federation), giving a bribe (Art. 291 of the Criminal Code of the Russian Federation);
d) official forgery (Article 292 of the Criminal Code of the Russian Federation);
e) provocation of a bribe or commercial bribery (Article 304 of the Criminal Code of the Russian Federation);
f) bribery of a witness, victim, expert or translator (part 1 of article 309 of the Criminal Code of the Russian Federation);
g) obstruction of the work of election commissions or commissions for the conduct of a referendum, combined with bribery (clause "a", part 2 of article 141 of the Criminal Code of the Russian Federation).

In the presence of selfish or other personal interest - exceeding official powers (Article 286 of the Criminal Code of the Russian Federation). Non-public corruption crimes include:

a) bribery of participants and organizers of professional sports competitions and spectacular commercial competitions (Art. 184 of the Criminal Code of the Russian Federation);
b) abuse of power (Article 201 of the Criminal Code of the Russian Federation);
c) abuse of authority by private notaries and auditors (Article 202 of the Criminal Code of the Russian Federation);
d) abuse of authority by employees of private security or detective services (Article 203 of the Criminal Code of the Russian Federation);
e) commercial bribery (Article 204 of the Criminal Code of the Russian Federation).

Crimes of a corrupt nature include, first of all, the acts provided for by the criminal legislation that are directly related to the bribery of corrupt officials:

1) obstruction of the exercise of electoral rights or the work of election commissions, combined with bribery;
2) falsification of electoral documents, referendum documents, combined with bribery;
3) illegal receipt and disclosure of information constituting a commercial or banking secret, committed by bribery;
4) bribery of participants or organizers of professional sports competitions and spectacular commercial competitions;
5) commercial bribery;
6) receiving a bribe;
7) giving a bribe;
8) provocation of a bribe or commercial bribery;
9) bribery of a witness who has suffered for the purpose of giving false testimony or an expert for the purpose of giving him a false conclusion or false testimony, as well as an interpreter for the purpose of making him an incorrect translation.

In addition, these crimes also include other corruption-related acts provided for by the criminal legislation, committed by an official or another person using his official position out of selfish or other personal interest, in order to gain benefits and advantages for himself or others:

a) non-payment of wages, pensions, scholarships, allowances and other payments;
b) registration of illegal land transactions;
c) smuggling committed by an official using his official position;
d) abuse of official and official powers;
e) official forgery;
f) illegal participation in entrepreneurial activity.

Control questions and tasks

1. What was meant by corruption in the states of the Ancient East?
2. Were there differences in the qualifications of corruption in Ancient Mesopotamia and China?
3. Indicate the causes of corruption in Ancient Greece.
4. What are the differences in the qualifications of corruption in Ancient Rome and the policies of Ancient Greece.
5. Is the relationship of patron and client corruption in ancient Rome?
6. What is the specificity of the definition of corruption in the Middle Ages?
7. Rank the acts of corruption in the countries of the Ancient East according to public danger.
8. How do you think the concepts of "bribery" and "corruption" relate?
9. What is common between the elements of corruption-related crimes without additional conditions in the Criminal Code of the Russian Federation?
10. What are the differences between archaic and systemic corruption?
11. Indicate the factors that led to the systemic nature of corruption in the nation state.
12. What is the reason for the transformation of corruption in a number of countries into a social institution?
13. What is the reason for the difference between the forms of material and non-material corruption?
14. What forms of corruption practices, in your opinion, prevail in modern Russia?
15. To what extent has scientific and technological progress influenced the transformation of forms of corrupt practices? Give examples.
16. Which of the forms of corrupt practices, in your opinion, is more destructive for society? Give your arguments.
17. What is your position in relation to corruption: a) position of zero tolerance or b) selective admissibility? Justify your choice.
18. Do you think corruption is a form of criminal behavior or deviant behavior? Give your arguments.
19. Why has corruption become a form of social practice?
20. Solve the crossword puzzle.

Vertically.

1. Every corrupt official transgresses it.
9. Synonym for bribe-taker.
10. He often solicits bribes with a magic wand.
11. She cries for every corrupt official.
12. Raider from the point of view of the Criminal Code.
13. They can be bought at the State Traffic Inspectorate, they can be deprived and violated.
14. It happens with real estate and with a conscience.
15. Corrupt officials do not consider either criminal or ... honor.
16. Bribery from the point of view of religion.

Horizontally.

2. When they take not only what is badly lying, but also what is well hidden.
3. If a corrupt official demands a bribe, intimidating you with various sanctions, then he ....
4. The state, the organization, the family have it and is calculated in monetary terms.
5. There are never many of them.
6. Do ... officials to do their dirty deeds.
7. One of the forms of bribes in public procurement.
8. This government agency should be contacted if facts of non-compliance with the legislation of the Russian Federation are discovered.
14. And human, and God, and constitutional, and terrible ...
17. The most common type of corruption.

The Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ. 1ЖЬ: http://base.garant.ru/10108000
Subject typology see: Gribkov M.A. State anti-corruption management: textbook, manual. M .: Publishing house of REU im. G.V. Plekhanov, 2012.S. 12.
For a typology on the objective side, see: Grib V.G., Oks L.E. Anti-corruption: textbook, manual. M .: Publishing house MFPA, 2011.S. 42.

N. Yakovleva. Scientific adviser: A.A. Khodusov

Annotation. The article examines the theoretical issues of understanding corruption in modern legal science, studies the forms and types of corruption.

Keywords: corruption, official, bribery, offenses, crimes.

The problem of corruption in our time has acquired a huge and well-founded relevance. This article reveals the concepts, forms and types of corruption.

The relevance of the topic of the scientific article is due to the fact that in the last decade in Russia there has been a predominance of informal methods of regulating public relations, which is largely a consequence of the impact of corruption on the nature of power relations. Therefore, the need to investigate corruption is obvious.

The seriousness of this threat is clearly evidenced by the statistics of the Prosecutor General's Office of the Russian Federation. So, if in 2014 the total amount of material damage caused by corruption crimes amounted to 39 billion rubles, then in 2015 - already 43 billion rubles. In the first half of 2016, this figure reached 28.5 billion rubles. According to the GIAC of the Ministry of Internal Affairs of Russia, more than 32.4 thousand corruption crimes were registered last year (+ 0.8% compared to 2014). The number of crimes under Art. 290 of the Criminal Code of the Russian Federation "Taking a bribe" increased by 8.6% (from 5.9 thousand to 6.4 thousand), and under Art. 291 of the Criminal Code of the Russian Federation "Giving a bribe" - by 15.3% (from 5.9 thousand to 6.8 thousand). At the same time, one should not forget about the high latency of such crimes, which can reach about 90%. A similar trend continued in the current year. Already in the first half of the year, 21.3 thousand corruption crimes were detected, which is 5% more than the same indicator of the previous year. In turn, the number of facts of receiving bribes increased by almost a third (from 3.8 thousand to 5 thousand), and giving bribes - by 4.4% (from 4 thousand to 4.1 thousand). The largest number of corruption crimes is registered in the Volga, Central and Siberian Federal Districts, and the smallest - in the Crimean and Far Eastern Federal Districts.

In the Federal Law of December 25, 2008, No. 273-FZ "On Combating Corruption", a casuistic definition of corruption is normatively fixed. In the interpretation of the Law, corruption is an unlawful activity (action or inaction) associated with abuse of office and consisting in the use by an official of the powers granted to him in order to obtain benefits of a property or non-property nature contrary to the strategic interests of society, the state and its citizens. International conventions on corruption do not provide a unified understanding of corruption, defining it by listing acts classified as corruption. For example, the Council of Europe Criminal Law Convention on Corruption of 27.01.1999 classifies passive and active bribery as acts of corruption: state national officials; members of state foreign and national assemblies; foreign government officials; in the private sector; officials of organizations at the international level; members of parliamentary international assemblies; officials of international courts and judges; the use of official position for selfish purposes; laundering of the proceeds of crime related to corruption; crimes related to account transactions; national arbitrators (arbitrators); foreign arbitrators (arbitrators); foreign and national jurors. In Art. 15 of the UN Convention against Corruption, corruption is defined as willful criminal offenses, does not include civil tort, disciplinary and administrative offenses, in terms of forms of manifestation it is limited to active and passive bribery; bribery of the officials themselves or equivalent categories of persons providing public services.

Based on the foregoing, it follows that corruption is an unlawful, persistent anti-state immoral social phenomenon that generates an irreconcilable conflict of interests between national (state) and private interests, between public duty and personal (group, corporate) benefit, between the constitutional interests of a democratic legal social state and real practice of distribution and consumption of public domain.

Modern corruption is focused on the maximum personal enrichment of officials at the expense of mistakes made in reforming society. Thus, the imperfection of the privatization legislation allowed a significant part of the bureaucratic apparatus to derive significant benefits. For example, the course of auctions was controlled according to a simple and effective scheme: the rejection of real buyers by systematically raising the named price, followed by refusal to pay, as a result of which the object was received by a predetermined buyer at a reduced price.

Bribery of officials in the course of allocation and registration of ownership of land plots is still one of the most common offenses. Large illegal incomes are obtained in the execution of export-import transactions, in particular, all transactions related to strategically important raw materials.

Corruption of the state apparatus is a violation of the functioning of state bodies, the implementation of state power, as well as the established procedures and order of the civil service. This definition of corruption in the state apparatus determines the objective state of violation of the institutions of power, the reasons for which may lie in the organizational, legal deformation of these institutions.

Corruption in the civil service will exist as long as employees have the opportunity to dispose of resources that do not belong to them, making or refraining from decisions. Such resources, as a rule, include budget funds, state or municipal property, state orders or quotas, etc.

The essence of corruption in the field of governance is also expressed in the abuse of resources and the use of state powers to achieve personal gain. In this situation, the reasons for corruption include not only the insufficient level of remuneration of officials, but also the monopolization of public services, increased freedom of action for employees with a low system of control over them, excessive state regulation of public relations, especially in the economic sphere, excess of bureaucratic procedures, and also failures in the formation of a stable internal culture and ethical rules of public service.

Currently, measures to combat corruption in the public service, as a rule, are reduced to such areas as:

1. First, the strengthening of requirements for state and municipal employees, including the provision of additional information about the income and property belonging to them and their family members;

2. Secondly, increasing the requirements for the actions of state and municipal employees in accordance with the established rules of conduct in the service. Violation of these rules entails disciplinary, and in some cases, administrative and criminal liability;

3. Third, the application of measures of criminal responsibility for abuse of authority by persons who perform managerial functions in non-governmental organizations;

4. Fourth, the introduction of administrative responsibility of legal entities for the transfer of a bribe on behalf of or in the interests of a legal entity.

A specific characteristic of Russian corruption is the formation of a stable network of trusting relationships connecting officials and citizens, which create social preconditions for the establishment of corruption relations. In the absence of effective counteraction, the subject of corruption relations was gaining access to the realization of the rights of citizens and entrepreneurs. This began to be accompanied by frequent cases of the use of power to fabricate criminal cases in order to actively attack the rights of citizens and business, and, above all, property rights.

The main components of corruption manifestations are corruption offenses that entail bringing to civil, disciplinary, administrative or criminal liability, as well as actions that contribute to their commission, which include:

1. Use of official powers in solving various issues related to the satisfaction of the material needs of an employee or his relatives;

2. Providing advantages not provided for by the law when entering the state or municipal service, as well as moving up the "career ladder";

3. Assistance to various types of entities in entrepreneurial activity by providing preferences in the provision of public services;

4. Application of information that is not subject to official dissemination, obtained in the performance of official duties by an employee;

5. Receiving information from individuals and legal entities, the provision of which is not provided for by law;

6. Violation of the procedures for considering applications from individuals and legal entities;

7. Transfer of gifts and provision of non-official services to officials, with the exception of protocol events.

In addition, they may include, for example, the preparation and adoption of normative legal acts containing corruption-related norms, which, under certain conditions, contribute to the commission of corruption offenses by civil servants.

1) taking a bribe, giving a bribe is the most dangerous, high level of latency and the most widespread type of corruption crimes;

2) commercial bribery;

3) concealment, misappropriation, withholding or other misuse of funds or property, if the person concerned knows that these funds or property were obtained illegally;

4) fraud - unlawful selfish behavior through criminal manipulation of information on direct intent and with the use of official position: deception, provision of knowingly false or incomplete information, abuse of trust, concealment of circumstances;

5) official forgery - distortion of the truth in selfish interests, the introduction of deliberately false information into official documents that distorts the meaning of the document, the production of a fictitious (fake) document, and changes in the content of the original document.

Turning to the analysis of the types of corruption, it is worth noting that at present it is being considered, not limited only to the framework of committing criminal offenses. Corruption in a broad sense includes acts of a corrupt nature that do not contain corpus delicti.

H. V. Selikhov in his own dissertation research identifies several classifications of corruption:

1. Based on the nature of the impact on the law: offenses and abuse of public law. The author notes that corruption offenses, administrative offenses, civil offenses and disciplinary offenses, which are characterized by signs of corruption, should be classified as corruption offenses. All other violations, not related to offenses, are considered to be abuses of public law and are associated with a violation of the prescriptions of legal norms;

2. Subjectively: elite (political) corruption and corruption of officials;

3. By the object of influence in the structure of the state mechanism: corruption in the legislative branch, corruption in the executive branch and corruption in the judiciary;

4. According to the national composition of the participants in corruption relations: transnational (international) and domestic corruption.

It should also highlight the classification of corruption proposed by L.V. Serdyuk. The author carries out the classification according to the following criteria:

1. By the status of subjects: corruption in the government, corruption in the private sector, political corruption;

2. By levels: grassroots, apical, vertical;

3. According to the degree of public danger: corruption-misconduct, corruption-crime.

Based on the analysis of Russian legislation and the opinions of Russian scientists studying the nature and types of corruption, S.V. Sapronov classifies corruption based on the degree of its socially dangerous consequences:

1. Corruption criminal offenses - socially dangerous acts stipulated by the Criminal Code of the Russian Federation, infringing on the interests of state power, state and municipal services and expressed in the illegal receipt by employees of certain property benefits or in the provision of these benefits to the latter;

2. Corruption offenses, which include corruption civil law tort, corruption disciplinary offenses, corruption administrative offenses.

Summarizing the above, it follows that corruption is a different kind of circumstance when a state or municipal employee makes an unlawful decision, from which some other party benefits, and the employee himself receives illegal remuneration from this party. This situation is characterized by a number of signs: the presence of a decision that violates the law or social norms, the action of the parties by mutual consent, while obtaining an illegal benefit or advantage, as well as concealment of their actions. The forms of manifestation of corruption are quite diverse, and the above forms only partially reflect the most common in the modern period. Moreover, their diversity depends on the specific socio-economic conditions of life of a certain period.

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Keywords

FORMS OF CORRUPTION / KINDS OF CORRUPTION / TYPOLOGY

annotation scientific article on law, author of scientific work - Golubovsky V.Yu., Sinyukova T.N.

The article is devoted to the study of the main forms and types of corruption, their specificity in modern Russian society. The typology of corruption activity is considered. The classification of forms and types of corruption creates a theoretical basis for the application of preventive measures already at the early stages of corrupt behavior. There are various approaches to the classification of corruption: according to the status of the subjects of corruption, according to the scale of territorial coverage, according to the "level" and goals of the subjects of corruption. The main basis for the classification of corruption is the degree of participation of authorized persons in the allocation of resources. On this basis, "civilized" and "political" corruption are distinguished. Depending on the field of activity, corruption in the field of public administration, parliamentary corruption, corruption in enterprises, and corruption during elections are distinguished. Classification according to the objectives of the activities of the subjects assumes a division into economic and political corruption. Thus, it is advisable to classify corruption according to the status of subjects of corruption (public and private), according to the level of these entities (individual and institutional), according to the scale of territorial coverage (domestic and international), according to the degree of recurrence of corruption relations (random and systemic). There is still no clear generally accepted definition of corruption. The study of forms of corruption can contribute to its development. Corrupt activities take the following most common forms: bribery, clientele (its variety is protectionism), lobbying, favoritism, nepotism, misappropriation of public funds for private use. To establish the essence and content of corruption, it is necessary to develop a unified approach to the consideration of this phenomenon, to eliminate collisions that arise in the study of this phenomenon between various sciences (political science, sociology, economics, mathematics, jurisprudence, psychology, etc.).

The text of the scientific work on the topic "Forms and types of manifestations of corruption in modern Russian society"

SECTION 4. LINGUISTIC EXPERTISE: LANGUAGE AND LAW

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V. Yu. Golubovsky, T. N. Sinyukova

Moscow, Russia

FORMS AND TYPES OF CORRUPTION IN MODERN RUSSIAN SOCIETY

ANNOTATION. The article is devoted to the study of the main forms and types of corruption, their specificity in modern Russian society. The typology of corruption activity is considered. The classification of forms and types of corruption creates a theoretical basis for the application of preventive measures already at the early stages of corrupt behavior. There are various approaches to the classification of corruption: according to the status of the subjects of corruption, according to the scale of territorial coverage, according to the "level" and goals of the subjects of corruption. The main basis for the classification of corruption is the degree of participation of authorized persons in the allocation of resources. On this basis, “civilized” and “political” corruption are distinguished. Depending on the field of activity, corruption in the field of public administration, parliamentary corruption, corruption in enterprises, and corruption during elections are distinguished. Classification according to the objectives of the subjects' activity assumes division into economic and political corruption. Thus, it is advisable to classify corruption according to the status of subjects of corruption (public and private), according to the level of these entities (individual and institutional), according to the scale of territorial coverage (domestic and international), according to the degree of recurrence of corruption relations (random and systemic). There is still no clear and generally accepted definition of corruption. The study of forms of corruption can contribute to its development. Corrupt activities take the following most common forms: bribery, clientele (its variety is protectionism), lobbying, favoritism, nepotism, misappropriation of public funds for private use. To establish the essence and content of corruption, it is necessary to develop a unified approach to the consideration of this phenomenon, to eliminate collisions that arise in the study of this phenomenon between various sciences (political science, sociology, economics, mathematics, jurisprudence, psychology, etc.). KEY WORDS: forms of corruption; types of corruption; typology.

INFORMATION ABOUT THE AUTHOR: V. Yu. Golubovsky, Doctor of Law, Associate Professor, Professor of the Department of Theory and History of State and Law, Moscow State University of Technology and Management named after K. G. Razumovsky; address: 123298, Moscow, st. People's Militia, 38, bldg. 2, room 5-6; e-mail: [email protected]

INFORMATION ABOUT THE AUTHOR: T. N. Sinyukova, post-graduate student of the Department of Theory and History of State and Law, Moscow State University of Technologies and Management named after K. G. Razumovsky; address: 123298, Moscow, st. People's Militia, 38, bldg. 2, room 5-6; e-mail: [email protected]

The study of various forms and types of manifestations of corruption allows you to get the most complete picture of this phenomenon, the ways of its existence, the role and degree of "participation" in social processes, as well as comprehensively explore the mechanisms of countering it. The classification of these forms and types creates a theoretical basis for the application of preventive measures already at the early stages of corrupt behavior. These measures are aimed at changing the nature of the relationship between civil society institutions and the state, citizens and representatives of state power in order to suppress arbitrariness on the part of state bodies and officials, increase the importance of those values.

woks that promote public acceptance of anti-corruption actions.

At the present stage, there are various approaches to the classification of corruption: according to the status of the subjects of corruption, according to the scale of territorial coverage, according to the "level" and goals of the subjects of corruption. In our opinion, such a variety of approaches is mainly due to the fact that representatives of various scientific specialties are engaged in the study of this phenomenon: political science, sociology, economics, mathematics, jurisprudence, psychology, etc. In view of this, as N.A. Akh-metova, “most of the presented classification schemes are one-dimensional, that is, they do not claim to be comprehensive

it is an exhaustive reflection of the forms and types of corrupt practices, but is limited to one, at most two signs of the phenomenon under study ”[Akhmetova 2008: 45].

The main basis for the classification of corruption, as I. Akhmedov rightly believes, is the degree of participation of authorized persons in the allocation of resources. In this regard, the author singles out the so-called "progressive" corruption, "when officials indirectly participate in the distribution of profits by entrepreneurs." This kind of corruption is associated with the possibility of entrepreneurs receiving benefits through personal ties with state authorities, while insurmountable barriers are created for other participants in entrepreneurial activity [Akhmedov 2003].

The same position is adhered to by A. Verbin, who singles out “civilized” and “political” corruption. “Civilized” corruption presupposes that states recognize this phenomenon through official permission. “... A company wishing to conclude some kind of contract abroad allocated special money for bribes, contributed them to overhead costs. And if there was some kind of failure and the bribe did not work., This company could demand from its government compensation for its damage ”[Akh-metova 2011: 28]. In turn, “political” corruption is a type of corruption in which famous politicians, statesmen and public figures are participants [Verbin 2003].

Depending on the field of activity, various authors, including S. M. Proyava [Proyava 2008: 32-33], highlight corruption in public administration, parliamentary corruption, corruption in enterprises, and corruption during elections. Corruption in public administration is associated with the ability of a civil servant to use resources and make decisions based on selfish motives, and not on the needs of the state and society. Parliamentary corruption represents various forms of promoting the interests of certain groups and consists in the adoption of laws containing norms securing their privileged position. Corruption is also possible outside the sphere of state activity, when an employee of a non-governmental organization, like a civil servant, can dispose of resources that do not belong to him. A separate type of corruption is the purchase of votes during

name of elections. The voter sometimes makes a deal with the elected, as a result of which he receives certain benefits, and the elected hopes to acquire a power resource.

It is necessary to distinguish between corrupt activities and by types of socio-economic relations, on the basis of which a number of authors distinguish Western and Eastern corruption. According to V.I. Dobrenkov and N.R.Pravnikova, Western corruption "acts as a kind of market for corruption services, in which the parties enter into temporary one-time relations of purchase and sale" [Dobrenkov, Perepnikova 2009: 30]. With eastern corruption, a certain system of social ties is gradually formed, which, in turn, is tightly connected with other social relationships, including kinship, corporate, and professional.

However, while investigating this issue, we came across a different point of view. So, Ya. I. Kuzminov notes the presence of corruption in a broad sense, associated with the violation of their duties by "officials" for the purpose of their own enrichment [Ozhegov's Explanatory Dictionary], and in a narrow sense, describing it using terms such as bribery and business officials ... In his opinion, the most attractive spheres for the development of corruption are: public procurement and tenders, the maintenance of an "official" at the expense of the owners of a particular business, the business activities of relatives of officials, "networks of mutual involvement", corruption as a tool of state mechanisms of institutional interaction [Kuzminov 2002 : 18-32]. In the socio-economic sphere, in our opinion, manifestations of corrupt activities are the most common, including influences on the shadow sectors of the economy.

A number of researchers, including Yu. G. Naumov, have classified according to the goals of the subjects' activities [Naumov 2007: 44]. The author proposes a division into economic and political corruption. In his opinion, economic corruption is understood as actions aimed at seizing, using all forms of property and resources, access to which is provided by an official position. At the same time, under the political corruption, in contrast to A. Verbin, the author understands only such corruption, the motive of which is the desire of individuals to redistribute power. Let us disagree with such a clear division, since the political goal (power) is

Xia in the stated terminology and economic goal - as an opportunity to dispose of resources.

Based on the analysis of the stated points of view on the issue of the types and forms of manifestation of corruption, we consider it necessary to classify corruption on the following grounds: according to the status of subjects of corruption, according to the level of these entities, according to the scale of territorial coverage, according to the degree of recurrence of corruption relations. According to the status of the subjects, corruption can be divided into public and private. State type of corruption is the commission of corrupt acts within the competence of a state body. Perhaps this is the most dangerous type of corruption due to the fact that state power is used by certain groups of people exclusively for personal purposes and interests, getting out of the control of society. Corruption in the private sector is characterized by the concentration of significant resources in the hands of individual organizations. The head of such an organization, like any employee who has the ability to allocate resources, can make decisions and act contrary to the goals and objectives of the company, causing damage to it.

According to the level of the subjects of corruption, it is important to distinguish between grassroots (individual) and top (institutional) corruption. Grassroots corruption is corrupt acts, usually committed by officials at the lowest and middle levels of the career ladder, and covering the daily life of the population. This type is the most common, although the amount of money at this level is significantly lower in comparison with top corruption. This type of corruption cannot be eliminated as a result of the reform of the administrative apparatus, since it is directly related to the existence of the shadow economy. Such relationships, on the one hand, are viewed as mutually beneficial, including when it comes to evading taxes, fees or fines. On the other hand, due to the frequency of their occurrence, such relations give rise to a sharply negative perception of state power on the part of the population. As a result, people begin to follow the principle: “no matter how much you steal from the state, you can't get yours back anyway” [Kuzminov 2002: 8]. V. V. Luneev rightly notes that grassroots corruption daily “sucks out” the material well-being of people [Luneev 2001: 18].

Top corruption is characterized by the high status of its subjects. This type

is based on the activities of politicians and is associated with the adoption of decisions that have a significant cost (privatization procedures, the implementation of large public investments). As V. A. Zaks noted in his work, the power corporation, taking advantage of insufficient control from the society, formalizes the assigned privileges as socially recognized and the idea of their legitimacy is imposed on the society. One of the consequences of this is a shift in interests in favor of those in power, although this is not always obvious to society. At the same time, the ruling stratum is consolidated as a corporation, welded together by common interests to preserve its privileges [Zaks 2001: 52-55].

It is also advisable to divide corruption processes by the scale of territorial coverage, highlighting domestic (when corruption acts are committed on the territory of one country, regardless of the status of the subject of corruption) and international corruption (actions aimed at corrupting officials of foreign states, or joint corruption activities of citizens and officials several states). Depending on the degree of repetition of corruption actions, there is a single (accidental) corruption, implying isolated facts of corruption, and systemic corruption that occurs during periodically repeated corruption actions, one way or another covering all aspects of public life.

In our opinion, the above classification allows us to fully understand its essence, as well as to find out the most dangerous directions for the functioning of society from the point of view of its spread, to determine the mechanisms for the prevention of this phenomenon, using the resource of civil society institutions.

Informal relationships penetrate all spheres of society. In view of this, corruption can take many forms. It is known that form and content mutually condition each other. As Hegel noted, “content is nothing more than a transition from form to content, and form is a transition from content to form. This transition is one of the most important definitions ”[Hegel 1977: 298]. In this regard, the identification of forms of manifestation of corrupt practices seems to be a necessary condition for analyzing the content of corruption. This will indicate the current areas of activity in the field of anti-corruption policy in Russia. It is impossible not

note the fact that the problem of corruption lies not only in identifying its presence, but also in determining its level in a specific situation, in revealing certain forms of its manifestation [Golubovsky 1995: 26].

An equally important factor that determines the need to consider forms of corruption is the fact that, as has been repeatedly noted in the scientific literature, the definition of corruption has not yet been formed [Sinyukova 2015: 333]. The study of the forms of corruption, it seems to us, can contribute to a more complete and comprehensive definition of this phenomenon. In our opinion, corruption can take the following forms: bribery, clientism (its kind of protectionism), lobbying, favoritism, nepotism, misappropriation of public funds for private use. Of course, all the variety of corruption practices cannot be reduced to the listed ones, nevertheless, we single out them as the main, most common.

By bribery, we mean such a corrupt situation when there is a voluntary offer, promise, giving, receiving, consent to take a certain amount of money in order to influence the actions of an official in their favor. AM Yakovlev emphasized that bribery is “the offer and acceptance of material compensation by an official for violation of his direct official duties” [Yakovlev 1988: 150]. Let us disagree with this definition. The definition of a bribe should include two aspects of it: giving a bribe and receiving a bribe. A number of authors also support this position. “Giving a bribe,” considers V. M. Raisman, “is the handing over to an official personally or through an intermediary of material values for performing (or not performing) in the interests of the giving action connected with the use of his official position” [Raisman 1988: 124-125 ]. There are three main types of bribe-giving: business bribe, inhibiting bribe, direct bribery. Receiving a bribe, as A. N. Chashin justly points out, is “the receipt by an official personally or through an intermediary of a bribe in the form of money, securities, other property or payments of a property nature for actions (inaction) in favor of the bribe-giver or persons represented by him, if such actions (inaction) are included in the official powers of an official, or it must by virtue of

the state of affairs can contribute to such actions (inaction) ”[Chashin 2009: 149-150]. It should be specially noted that the degree of bribery in society directly depends on the characteristics of power relations. According to V. L. Rimsky, “civil servants, in the performance of their duties, regardless of their positions and competencies, find themselves in a position of domination, and citizens - in all cases of their guilt or innocence of this or that violation of laws or instructions, if they have formal rights to solve their problems or, in their absence, in a situation of dependence and subordination ”[Rimsky 2008: 61]. Accordingly, if the relationship between citizens and officials is characterized by a high level of power distance, then civil servants have more opportunities to receive bribes. In turn, the more prohibitions are imposed on people, the more often they have to face difficulties in interacting with the state and the more likely it becomes the situation of giving - receiving a bribe as a way to solve a particular issue or problem. Let us cite the point of view of OV Ageeva, who believes that “any administrative barriers can be overcome by bribes. The higher the barrier, the more bribes and officials who take them ”[Ageeva 2009: 12]. Consequently, a decrease in the level of the spread of bribery and damage from it largely depends on a change in the nature of relations between officials and citizens, and a reduction in the distance between them.

Another form of corruption is lobbying. According to AP Lyubimov, in the broadest sense, lobbying is “the activity of citizens, groups, organizations, enterprises and other subjects of legal relations to defend their active interests” [Lyubimov 1998: 18]. In the Encyclopedia Britannica, lobbying refers to “any attempt by individuals or interest groups to influence government decisions. In its original sense, lobbying means trying to influence the position of legislators, mainly on the sidelines of the legislature. Separate forms of lobbying are inevitable in any political system. " In our opinion, it is important that lobbyists perform the function of mediation between citizens, organizations and government bodies. Lobbying provides groups of citizens with the opportunity to

to participate in the adoption and implementation of legal and political decisions, which is very important, since most of these groups may not have their representatives in parliament or in government bodies ”[Binetskiy 2004: 13].

Considering the above, we believe it is possible to highlight the positive meaning of lobbying. So, lobbying activity is one of the ways of influence of representatives of civil society institutions on the government in order to make a decision that is as balanced as possible and takes into account the interests of the largest number of social groups. But on the other hand, it seems obvious that the lobbying mechanisms of interaction between civil society institutions and the state are largely shadowy, corrupt in nature. This depends on the level of regulatory approval for the use of the relevant practices. If the legislation allows its use, then it is unlikely that lobbying can be considered corrupt, and vice versa. Thus, it can be stated that lobbying is at the intersection of formal and informal practices of exercising influence on the decision of the authorities.

The danger of lobbying as a form of manifestation of corrupt relations lies in blocking actual decisions aimed at the development of society as a whole, and in hindering the resolution of socially important issues. Thus, in our opinion, it is impossible not to note the dual nature of lobbying. On the one hand, it acts as a mediating link between civil society and government bodies, capable of influencing specific management decisions. On the other hand, lobbying can “distort” the competitive environment by acting as a non-market constraint on competition. The spread of “shadow” lobbying indicates the need to legalize lobbying activities. According to S. V. Pchelintsev, the adoption of legislation on lobbying should be aimed at “ensuring the openness of lobbyists' activities for civil society and preventing a possible conflict of interests of civil servants who are influenced by lobbyists” [Pchelintsev 2008: 80]. Thus, in order to reduce the spread of such forms of corruption as lobbying among the Russian authorities, it is necessary to adopt appropriate legislation.

In modern Russian society such forms of corruption as favoritism and nepotism are observed. Let us cite the point of view of A. G. Bezverkhov, who believes that favoritism is “patronage and connivance, obtaining illegal privileges from a superior official” [Bezverkhov 2007: 50]. This form of corruption lies in the fact that the leader brings his subordinates closer to him by ostentatious delegation of various powers that do not correspond to their status, provides them with undeserved promotion, various kinds of encouragement, etc. Nepotism (nepotism) is a kind of favoritism based on family ties, and is an activity that is associated with “unjustified appointment of relatives to a position in public service bodies or the provision of special preference for them” [Epifanova 2007: 34-35]. Based on the above definitions, it is obvious that the essence of these forms lies in the fact that officials, pursuing personal goals, contribute to the person needed for him to take up a public office and further support him in every possible way.

Clientism, according to B. B. Tokarev, can be defined as “a kind of practice that often acts as a social system and is based on unequal relations. In this type of relationship, the patron and the client delegate certain rights and responsibilities to each other. Clients offer their patron their support and respect, they are ready to obey him. This attitude is expressed in various kinds of symbolic forms, such as: a gesture of obedience and obedience, the use of respectful speech, gifts, etc. Accordingly, from his side, the patron offers work, protection, favor ”[Tokarev 2011: 101].

A kind of clientele can be protectionism. This phenomenon should be understood as a set of actions of an official to patronize someone in order to obtain selfish gain. Depending on who it protects, it should be subdivided into official and commercial. Service protectionism presupposes that a civil servant carries out “the selection of people for the service, promotion not on business grounds, but on acquaintance, patronage” [Makarenko 2000: 449]. In the case of commercial protectionism, the official protects

government to private firms, receiving a certain reward from a businessman. This leads to unhealthy competition and, as a result, to losses in the economy of the whole society. Thus, clientism implies a type of relationship that is characterized by personal, private ties and contacts based on inequality of social status and, at the same time, on mutual obligations and interests.

Of course, the list of the above forms of manifestation and types of corrupt practices is not exhaustive. But we tried to show the originality of each of them, emphasizing the signs that make these practices corrupt. The meaning of the classification is also in eliminating collisions between different humanities in the approach to identifying the essence and content of corruption.

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FORMS AND KINDS OF MANIFESTATION OF CORRUPTION IN RUSSIAN SOCIETY

ABSTRACT. The article is devoted to the study of basic forms and kinds of corruption and their specific nature in the modern Russian society. The article contains a typology of corruptive activity. Classification of forms and kinds of corruption a theoretical foundation for exercising preventive measures on early stages of corruptive behavior. There exist different approaches to the classification of corruption: according to the status of the subjects of corruption, according to regional factors and according to the level and goals of the subjects of corruption. The main criterion for classification of corruption is the degree of participation of the persons involved in distribution of resources. In accordance with this criterion, it is possible to single out "civilized" and "political" corruption. From the point of view of sphere of activity, government, parliamentary, industrial and electoral kinds of corruption are identified. Classification according to the aims of activity of subjects includes economic and political corruption. Thus, it is reasonable to classify corruption according to the status of the subjects (state and private), the level of these subjects (individual and institutional), territory (national and international) and recurrency (occasional and systematic). A clear-cut generally accepted definition of corruption has not been worked out yet. The study of the forms of corruption may facilitate its formulation. In most cases, corruptive activity takes the following forms: bribery, clientalism (and, as its variation, protectionism), lobbyism, favoritism, nepotism and unlawful privatization of

public means. In order to find out the essence and content of corruption, it is necessary to work out a uniform approach to the study of this phenomenon and remove of collisions between various fields of research of this object (politology, sociology, economics, mathematics, law, psychology, etc.).

KEYWORDS: forms of corruption; kinds of corruption; typology.

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PAGE \ * MERGEFORMAT 2

Plan:

Introduction …………………………………………………………….…. ……… .3

1. Types of manifestations of corruption ……………………………………………… .4

2. Forms of corruption ………………………………………… .7

Conclusion ……………………………………………………………. ……… 10

List of used literature ………………………………… ... ……… 11

Introduction.

A complex socio-legal phenomenon and a concept that has a complex and systemic character is only one of the definitions of corruption. It is rightly associated with all social processes taking place in society. Corruption processes proceed taking into account the socio-political, demographic, national-psychological, ethnic characteristics of a particular country or state.

Today it is quite obvious that corruption in Russia has become large-scale and is causing serious damage to the socio-economic development and security of the state. The Concept of National Security of the Russian Federation states that corruption, being a threat to the national security of Russia, also has a significant potential danger, which, under certain conditions, in combination with other negative factors, can become a reality and can cause damage to both public and state interests.

Corruption as a socially dangerous social and legal phenomenon is a consequence of negative trends that are inherent in the socio-political and economic life of many modern states, including Russia. The greatest danger to Russian society is represented by corruption in state and local government bodies, primarily in the sphere of public administration. Its widespread and systemic nature has led to the fact that corporate and individual interests often prevail over the interests of entire regions and the entire state. The danger of corruption is significantly aggravated by the fact that corruption crimes are often associated with other types of criminal activity.

1. Types of corruption.

Corruption can be classified using various signs, criteria and features of manifestation. In particular, the following types of corruption can be distinguished:

Administrative and, as its kind, household;

Business;

Corruption associated with the "capture" or seizure of the state;

Political.

Administrative corruption is understood as deliberate distortions in the process of prescribed execution of existing laws and rules in order to provide benefits to interested parties. A classic example of administrative corruption is a small trader who is forced to pay bribes to an endless line of official inspectors, district chiefs, local law enforcement agencies, various kinds of "roofs", etc. In addition, bribes in order to obtain various kinds of permits, customs clearance, etc. can be attributed to administrative corruption. receiving government orders, etc.

A variety of administrative corruption is everyday corruption, which is generated by the interaction of ordinary citizens and officials. It includes various gifts from citizens and services to the official and his family members. This category also includes nepotism (nepotism). This type of corruption is most common in the service sector.

Business corruption occurs when business and government interact. Business corruption - payment by entrepreneurs of money or material values to a state or municipal employee in the affairs of their company. For example, in a business dispute, the parties may seek to enlist the support of a judge to rule in their favor.

The results of various scientific studies indicate that there is no state in the world where faith in an official would be absolute. The spread of corruption among officials leads to the fact that both subordinates and superiors are interested in it.

“Capture of the state” as a kind of corruption in world practice is considered as the activity of individuals, groups or firms in both the public and private sectors with the aim of influencing the formation of laws, legislative acts and other instruments of public policy. Thus, certain advantages are provided in the process of redistributing state property and financial resources in their favor.

Among the main types of activities that fall under this definition, the following can be distinguished:

Formation of the structure of executive and legislative bodies;

Issue of the necessary regulatory legal acts;

Inappropriate disposal of funds from the Central Bank;

Illegal contributions to party funds from individuals;

- "sale" of parliamentary votes to private entrepreneurs, etc.

In the history of modern Russia, the elected, or, as they were called, "appointed oligarchs" exerted a strong influence on the executive and legislative branches in the mid-1990s. The current situation in Russia at that time can be called the actual capture of the state. Since most of the oligarchs were related to the banking sector, the people called this situation "seven-banking".

Political corruption is a special kind of corruption in the international arena. The political aspects of the phenomenon of corruption are very multifaceted and contradictory. By empire, we mean states that export the institutions, ideas, culture, lifestyle of their main people beyond their borders to ensure their own national interests. These institutions and culture can be forcibly implanted outside the country, or they can be adopted voluntarily.

The end of the twentieth century. was marked by an unprecedented surge of corruption scandals against the top officials of a number of states. For any rulers of the state, corruption acted, as M. Bakunin wrote, as a means of government. One of the important factors conducive to the development of corruption is the low salaries of officials. To minimize the risks of corruption, some countries legislate a system of high salaries for high-ranking officials.

2. Forms of corruption.

In the system of public service, this includes various types of violations of constitutional, administrative, criminal and other norms of law by persons exercising the functions of public administration in all spheres of activity.

Among these violations are:

Many types of direct or hidden combination of positions in the civil service and in non-governmental commercial organizations;

Provision of direct or indirect services by civil servants to non-governmental commercial organizations for direct or veiled remuneration, presentation of certain benefits, benefits and preferences in which these organizations are interested. This includes various types of business cover;

The use of personal or departmental influence and informal connections by civil servants to provide services to non-governmental commercial organizations for a fee. In this regard, the use of power structures to clarify relations between commercial organizations is characteristic;

Transmission of information on decisions taken but not yet published by government agencies on issues of interest to commercial structures, such as the timing of market inspections to identify products that have been smuggled;

Establishment of commercial structures using the property of state enterprises where the official works, the use of official position in the process of privatization of state and municipal property;

Unlawful transfer to commercial organizations of finances and loans intended for public needs;

Lobbying for passage, acceptance of contracts, programs, other documents that allow certain persons to receive benefits. This is especially true when holding contests;

Protectionism of disabled workers;

Establishing fees for services, the provision of which is part of the official's duties;

Fraudulent competition results and placement of government orders for a certain, "own" company.

Professor Ya.I. Kuzminov singles out the forms of corruption relations typical for Russia, as well as relations that hide the potential for corruption: the market for bureaucratic services, a paid official, bureaucratic entrepreneurship. networks of mutual obligations and the economy of obligations.

The above list of forms of manifestation of corruption in the system of public service in Russia contains the most common forms of corruption in the modern period. The conclusion is obvious: corruption appears where there is a public authority, there is an official who disposes of state resources and licensing rights for the work of legal entities and individuals. Corruption emerges and flourishes only in power structures. Therefore, doctors, teachers, etc. cannot be called corrupt. - they are not officials and therefore cannot sell a share of public power. They can only sell their services, their professional skills. Outside of power, this phenomenon at the household level is not called corruption, but a bribe. Corruption as a phenomenon has a destructive effect on all aspects of the life of Russian society. The consequences of corruption in Russia are as follows:

The complexity, and sometimes the impossibility of the state's implementation of the tasks facing it, if this contradicts the interests of oligarchic groups that have the means to bribe officials;

Undermining confidence in the highest echelons of power, as a result of which their legitimacy is questioned;

Decrease in the standard of living of the population, forcing to systematic illegal payments and reserve part of the income for bribery;

Creation of a threat to democratic institutions, since the population does not see moral incentives to participate in elections, including due to the use of various technologies in the election of the necessary candidates;

Unjustified redistribution of budgetary funds in favor of law enforcement agencies, which reduces the basis of promising social programs in the field of education, health care, and social security;

Deterioration of the investment climate, as a result of which unpredictable conditions are created for private business, since there are no conditions for long-term investment;

Loss of meaning in justice, since wealth often ensures righteousness;

Acceptance for bribes in prestigious state universities, which deprives society of a significant part of the intellectual potential;

Appointment to positions not for personal, business and professional qualities, but for bribes (purchase of a position);

An increase in the level of corruption in government bodies and a decrease in the level of national security.

A dangerous phenomenon is the criminalization of the state apparatus, which is qualified as corruption, which, in fact, is the use of official official powers, authority and opportunities for personal or narrowly corporate interests. The danger of corruption lies in the withdrawal of public funds from distribution, and its scale is constantly growing. This is evidenced by criminological studies, this is confirmed by law enforcement officers.

Analysis of the situation in the field of ensuring economic security indicates active attempts by criminals to penetrate the power structures in order to take control of enterprises, banks, and seize levers of influence in specific territories.

Conclusion.

So, corruption as a social and legal phenomenon originated in ancient times, during the formation of the first state formations. Today corruption has already gone beyond the scope of individual crimes committed by the authorities, and can be attributed to one of the most dangerous and pervasive socially negative phenomena.Russia at the moment is confidently breaking out into the world leaders in corruption. Corruption permeates all strata of society, thereby causing irreparable harm to the country. This phenomenon did not appear yesterday and is a serious danger.

In today's Russia, corruption manifests itself in a wide variety of forms. Over time, this variety expands, new forms appear that do not yet have a name and an accurate description.The influence of corruption is so great that it reduces the efficiency of the market economy, destroys existing democratic institutions, undermines people's confidence in government, exacerbates political and economic inequality, generates organized crime, and endangers the country's national security. The scale of corruption in Russia is so great that the authorities are threatened with a complete loss of control over the life of the state.

Corruption, however, can be reduced by taking comprehensive measures to combat it. Of course, it cannot be eliminated in one day, but nevertheless, actions must be taken in this direction. It cannot be said that the fight against corruption in Russia is in full swing, but, in any case, this problem is brought up for discussion and various strategies are being developed, which is not unimportant. It can be said that the first step - realizing the harm of corruption - has already been taken in Russia. Now it is up to the government and the president himself.

List of used literature.

Regulations:

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993).

2. Civil Code of the Russian Federation dated 30.11.1994, No. 51-FZ (as amended on 05.05.2014).

3. The Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195 - FZ (as amended on October 22, 2014).

4. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on 08/04/2014).

5. Federal Law of December 25, 2008 No. 273-FZ On Combating Corruption (as amended on December 28, 2013).

Educational literature:

6. Artemiev A. Anthropology of corruption.- Moscow: Prospect, 2011.- 272 p.

7. Godunov I. ABC of combating corruption from A to Z.- Moscow: Academic Project, 21012.- 296 p.

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Introduction

1. Types of corruption

2. Forms of corruption

Conclusion

Introduction

Corruption as a socially dangerous social and legal phenomenon is a consequence of negative trends that are inherent in the socio-political and economic life of many modern states, including Russia. The greatest threat to Russian society is posed by corruption in state and local government bodies, primarily in the sphere of public administration. Its widespread and systemic nature has led to the fact that corporate and individual interests often prevail over the interests of entire regions and the entire state. The danger of corruption is significantly aggravated by the fact that corruption crimes are often associated with other types of criminal activity.

1. Types of corruption

Corruption can be classified using various signs, criteria and characteristics of manifestation. In particular, the following types of corruption can be distinguished:

Administrative and, as its kind, household;

Business;

Corruption associated with the "capture" or seizure of the state;

Political.

Administrative corruption is understood as deliberate distortions in the process of prescribed execution of existing laws and rules in order to provide benefits to interested parties. A classic example of administrative corruption is a small trader who is forced to give bribes to an endless line of official inspectors, district chiefs, local law enforcement agencies, various kinds of "roofs", etc. In addition, bribes in order to obtain various kinds of permits, customs clearance, etc. can be attributed to administrative corruption. receiving government orders, etc. inflation violation criminal constitutional

Among the main types of activities that fall under this definition, the following can be distinguished:

Formation of the structure of executive and legislative bodies;

Issue of the necessary regulatory legal acts;

Inappropriate disposal of funds from the Central Bank;

Illegal contributions to party funds from individuals;

- "sale" of parliamentary votes to private entrepreneurs, etc.

2.Forms of corruption