Corruption as a socially negative phenomenon

Concept of corruption, widely used in modern legal literature, has deep historical roots. Corruption is as old as the world itself. Thus, the first states, as is known, appeared in Mesopotamia (IV millennium BC) in the territory of modern Iraq and Syria, parts of the territory of modern Iran and Turkey. One of the centers of development of the earliest civilization in this region was Sumer. Even then, the idea of fair and unfair taxes was born here, in the reinterpretation of the measure and types of state taxes. Unbearable taxes and abuses of administration were in the city-state of Lagash. Residents had to pay taxes not only for trade, but for divorce, for shearing sheep, and supervisors of boatmen and cattlemen seized boats and cattle. Funerals were even accompanied by officials' extortion. The impoverishment of the people, lawlessness and corruption forced the residents to overthrow the old administration. A new ruler was elected - Urukagina, with whom the first historical experience of anti-corruption measures is associated. As an ancient storyteller assures, "not a single tax collector remained." Another Sumerian king Ur-Nammu tried to eliminate bribery: "he took care that the orphan did not become a victim of the rich, a person of one shekel - a victim of a person of a mina."

Thus, corruption is a product of society and the relationships within it, when the separation of managerial functions in various spheres (economic, social, etc.) creates an opportunity for an official to dispose of resources, to make decisions not in the interests of this society, but based on their own selfish motives.

Later, in ancient Greece, the term "corrumpere" acquired a social meaning - the degradation of morals, the disruption of order. Around the same time, the concept of corruption acquired the meaning of bribery. A more detailed analysis of the origin of the term shows that initially corruption in its social meaning implied two accomplices (one of the meanings of the prefix "cor" is joint action, complicity). In later times, in Ancient Rome, it became entrenched

one of the special meanings of the concept of corruption is the bribery of a judge. Corruption acquires its modern meaning in the 15th-16th centuries - during a period of prolonged political crisis that engulfed Europe and was accompanied by an extraordinary flourishing of corruption among rulers. From this time on, corruption is understood as the venality and corruption of officials (public officials), as well as socio-political figures. The term "corruption" was also used as a legal principle. For example, corruptio optimi est pessima - "the perversion of the best is the worst." Gaius often expressed the idea that the conspiracy or inaction of one should not violate the rights of another (alteri jus corrumpi). For the next almost thousand years - during the Middle Ages - the concept of "corruption" acquired an exclusively ecclesiastical, canonical meaning - as seduction, temptation by the devil. Corruptibilitas meant the transience of man, susceptibility to destruction, but by no means his ability to take and give bribes. Corruption in Catholic theology became a manifestation of sinfulness, and "sin is lawlessness." Subsequently, the emphasis in understanding corruption shifted to its criminological and criminal law aspects. Thomas Hobbes, in his "Leviathan," writes: "men, boasting of their wealth, boldly commit crimes in the hope that they will escape punishment by corrupting state justice or receive forgiveness for money or other forms of reward." He also included among them "those who have many powerful relatives or popular people who have gained a high reputation," who dare to break the laws in the hope that they will be able to put pressure on the law enforcement authorities. Corruption, according to Hobbes, "is the root from which contempt for all laws flows at all times and under all temptations." The conclusion reached in the mid-17th century proved to be relevant at the beginning of the 21st century.

The modern concept of corruption began to take shape at the turn of the New Age with the formation of centralized states and existing legal systems. Niccolò Machiavelli's works provide an important impetus for understanding corruption in its current sense.

Machiavelli compared corruption to an illness. In the beginning, it is difficult to recognize, but easier to treat. If it is neglected, then it is easy to recognize, but difficult to cure. The same applies to corruption in state affairs. If the nascent ailment is detected in time, which is only possible for wise rulers, then it is not difficult to get rid of it; if it is neglected to the point where it is visible to everyone, then no remedy will help. For a people who have gained freedom but are corrupted, according to Machiavelli, it is extremely difficult to remain free. The Roman kings, he wrote, reached such a degree of corruption (a guanta corruzione) that if two or three more successors like them had followed them, the fall of Rome would have become irreversible.

It is not difficult to notice that the prevalence and public danger of this phenomenon increase by leaps and bounds during periods of major social upheavals, often accompanied by an almost complete destruction of legality and a simultaneous increase in the population's dependence on the arbitrary actions of officials. Modern transit states are no exception. It is important to see the fundamental differences between the "original" cause of corruption, which may be rooted in the very essence of society, and the reasons for its growth or, conversely, its decline.

It seems that the definition of corruption and the establishment of its specific manifestations should be based on an understanding of the social essence of this phenomenon. The essence of corruption lies in the fact that it distorts social relations, destroys the normal order of things in society, resulting in the "decay" or "corrosion" of power. Figuratively speaking, corruption in the functioning of the state and society turns everything upside down: power, the bearer and sole source of which is the people, begins to be used to the detriment of the state and society. Corruption involves the use of power and its associated opportunities not in the interests of the entire society, but in the interests of individuals or a specific group of individuals. In other words, corruption implies the unlawful exploitation of public power for private interests. A corrupt person or other persons in whose interests it is committed

corrupt acts, which, solely by virtue of the position held by such a person, grant certain benefits, privileges, advantages, or other gains. Moreover, this gain does not necessarily have to be of a material nature.

The simplest definition of corruption is the bribability and venality of state officials, public servants, as well as public and political figures in general. However, there are other definitions of this concept. One of the latter is reflected in the Council of Europe's Criminal Law Convention on Corruption. The majority of European countries, including Russia, have agreed on a fairly broad understanding of corruption.

The Criminal Police Office (Bundeskriminalamt) of Germany, through its Forensic Research Division (GKI), which conducts research on the phenomenon of "corruption" itself as well as on preventive measures to overcome it, has proposed the following definition of this term, which appears to be quite comprehensive:

"Corruption is the abuse of official position, political mandate, or official duties for the purpose of granting benefits to another person, committed at the instigation of such another person, or by officials themselves on their own initiative and for the purpose of obtaining benefits for themselves or third parties, which leads or may lead to losses or other damage to society (in the case of performing state or political functions) or to a separate company (when performing entrepreneurial functions)."

The present definition also covers cases of so-called "phased corruption," namely, the use of preliminary actions, or actions aimed at creating a climate in which corruption becomes acceptable in achieving the ultimate goal of future abuse of official position by employees (i.e., simply granting benefits to "develop a good workplace climate"). However, it would be incorrect to assume that corruption manifests itself in the same way everywhere and always, that its causes and consequences are the same. National mentality is of decisive importance here,

legal, religious, and ethnic traditions, which are never a mirror reflection of each other.

The essence of the most dangerous manifestations of corruption is twofold. On the one hand, it is expressed in the use by a person performing certain state functions of their official status to obtain illegal advantages (venality), and on the other hand, in the provision of advantages to a person by an interested party (bribery). It is inexpedient to separate, let alone oppose, these aspects of corruption to each other in search of the most effective model for limiting its prevalence. Nevertheless, it is traditionally believed that in the contradictory unity of the aspects considered, venality of persons performing state functions dominates (including in terms of greater public danger).

The content of corruption is determined by a set of various acts (actions or omissions) expressed in the illegal acquisition of property, services, or benefits by a person authorized to perform state functions, as well as in the provision of such advantages to them.

Forms of corruption are specific types of violations of ethical and legal norms by persons authorized to perform state functions. An example of ethical violations is the commission by a civil servant of actions that may negatively affect public opinion on the state of legality in public service, although not directly prohibited by law or regulation (systematic attendance at banquets held by organizations whose activities are within the competence of this person: free use of paid services in the absence of signs of an offense).

The mechanism of corruption, which manifests itself in:

a) a two-sided transaction, in which a person in state or other service illegally "sells" their official powers or services, based on the authority of their position and related opportunities, to individuals and legal entities, groups (including organized criminal formations), and

«buyer» gains the opportunity to use state or other structures for their own purposes: for enrichment, legislative formalization of privileges, evasion of statutory liability, social control, etc.;

b) extortion of remuneration by an employee;

c) initiative, active bribery of employees, often with simultaneous strong psychological pressure on them.

For the social corrosion of power, it is not essential how this power is "eroded". What is fundamentally important is something else – power ceases to be state power (in the direct sense of the word). Losing its original purpose, it ceases to be a means of protecting citizens and becomes a source of danger to their rights and freedoms. The latter is characteristic of organized crime.

Studies have shown that corruption in the civil service system, both in developed and developing countries, takes approximately the same forms and covers the same areas of activity.

Areas of activity most susceptible to corruption include:

public procurement;

land transactions;

tax collection;

appointment to responsible positions in state authorities.

Areas of activity (in addition to those listed above) that are most susceptible to corruption include:

licensing and registration of entrepreneurial (including banking) activities;

issuance of permits for the placement of securities and conducting banking operations with budget funds;

obtaining loans (including state targeted loans);

customs clearance of imported goods;

obtaining export quotas;

construction and repair at the expense of budget funds;

initiation and termination of criminal cases, as well as their referral for additional investigation;

traffic safety control;

conducting exams for obtaining a driver's license and issuing driver's licenses;

control over compliance with safety regulations,

fire safety, sanitary condition of institutions and organizations;

control over compliance with licensing conditions;

supervision over compliance with hunting and fishing rules;

state registration, attestation and accreditation of non-state higher education institutions;

admission to specialized general education schools;

admission to preschool educational institutions;

employment (work) in high-paying positions or positions that allow for significant illegal income in state and local authorities (customs authorities, tax inspectorate bodies, traffic police units of the Ministry of Internal Affairs).

Corruption manifests itself in various forms. But the most dangerous form of corruption is the fusion of criminal elements with state structures, as a result of which an official primarily works for personal enrichment.

Corruption ensures the cover-up of criminal actions of individuals who use their official position, by agreement to receive assistance on a permanent basis. Often, corruption has its own monetary funds, formed from deductions from criminal funds intended for bribing officials.

Criminal groups specifically strive to involve individuals useful to the criminal community in their circle - individual corrupt employees of state bodies and public organizations, who ensure:

- the creation of conditions that hinder the organization of law enforcement agencies' fight against corruption;

- compromise or neutralization of the activities of employees of various supervisory and law enforcement agencies;

- measures to release members of the criminal group from criminal liability or to mitigate punishment;

- legal consultations;

- training in the forms and methods of activity of the Ministry of Internal Affairs, KGB, and Prosecutor's Office in combating organized crime;

- provision of various cover documents to criminals.

The fight against corruption can be effective if the goals and

tasks implemented within the state program for combating corruption offenses, with subsequent improvement of its legal mechanisms.

Vitebsk Transport Prosecutor

Senior Justice Advisor A.A. Tsarikov