Academic journal article Asian Social Science

Judgments of the European Court of Human Rights as a Source of Recommendations on Fight against Corruption: Prospects for Interdisciplinary Research

Academic journal article Asian Social Science

Judgments of the European Court of Human Rights as a Source of Recommendations on Fight against Corruption: Prospects for Interdisciplinary Research

Article excerpt

Abstract

In the article it is stipulated that some judgments of the European Court of Human Rights not only detect gaps in legislation as well as in practice of the fight against corruption crimes existing in Russia and other countries, but actually offer methodological recommendations for law enforcement authorities. Therefore, the purpose of this article is to single out, distinctly formulate and make interpretation of this kind of recommendations, particularly - for the criteria of legality of the undercover police operations aimed at exposing the corruptionists, for provisions on how to implement these measures avoiding illegal provocations and instigating actions. In conclusion of the study, it is noted that to increase the efficiency of detection and investigation of corruption crimes it is necessary to consolidate efforts of Russian and foreign scientists - the representatives of sciences of anti-crime cycle, in the first place - the penal law, criminalistics as well as operational and search activity. Notwithstanding the significant differences in legal regulation of respective legal relations in Russia, the United States of America, Great Britain and other countries, the effective methodologies on struggle against corruption have much in common in different countries.

Keywords: bribery, fight against corruption, operational experiment, instigation, provocation, police operation, the European Court of Human Rights, criminalistics, operational-search activity, undercover agent

1. Introduction

In the National Security Strategy of the Russian Federation (RF) up to 2020, the corruption was named among the main sources of threats to national security (Decree of the President of the Russian Federation, 2009). Despite the fact that in recent years, the statistics relating to results of the fight against corruption offenses in Russia remains, strangely enough, at the same level, and on some other indicators have even been decreasing (Note 1), the coefficient of latency of these infringements remains extremely high (Note 2). Whereas corruption in Russia "... appears to be not only dangerous from a social point of view as a factor undermining the state authority, but also as one of the dominant causes defining the organized, economic, political criminality" (Avdeev, 2013) hardly anyone in the country will doubt that the measures of legal fight to combat corruption will only be strengthened in near future.

At the same time, the prevention of corruption must certainly have an unconditional priority over other counter-measures, particularly, measures of so called criminal repressions. Thus, the Federal Law of the Russian Federation of December 25, 2008, No.273-FZ "On Corruption Counteraction" proclaims the principle of priority use of measures aimed at preventing corruption. Russia carefully examines the experience of use of effective legal means for preventing corruption gathered in other developed countries (Koop, 1998).

However, the analysis of the media and results of opinion polls as well as scientific works allows drawing a conclusion that the Russian public and the State authorities are quite ready for a sharp tightening of actions of criminal repressions against corruptionists. The authors of majority of scientific publications on the issues of Russian criminal law (qualifications of corruption offenses) having noted the imperfection of relevant criminal legal norms listed in Art. 30 and 23 of the Criminal Code of the Russian Federation (the RF Criminal Code), criticize the lawmakers sharply mainly for the need for improvement of legal technique of these norms. Also, the opinions are being voiced, the essence of which are - the practicality of gradual introduction of repressive measures (Fomenko, 2013) and the idea that there is an objective necessity for repression as the predominant tool of fighting the corruption (Jani, 2001).

Thus, on the way of increasing the efficiency of fight against corruption by legal means, there is, in our opinion, the need to address a number of major problems. …

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