Corruption-Related Offences: Articulation of Pervasive Prevention Mechanisms

By Veresha, Roman | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Corruption-Related Offences: Articulation of Pervasive Prevention Mechanisms


Veresha, Roman, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Corruption-related offences are one of the most dangerous manifestations of corruption (Bogolib, 2015). These offences undermine the principle of the rule of law, weaken the political stability and social cohesion, raise the bar for economic development and step on the work of government machinery (Hadi et al., 2016). In particular, some confidential cases, especially international cases, were determined to have a direct effect on the level of corruption that, in turn, negatively affects the democratic principles and the rule of law, and promotes the spread of corruption-related offences (Greg, 2017). That is why most countries are on the side of enshrining certain types of corruption-related offences in the legislation. Thus, shaping the corruption prevention strategies is a recent problem, as they will help to articulate some universal recommendations on combating corruption both at the international and at the national levels.

While determining the significance of public control as a tool intended for counteracting corruption, it was revealed that the government authorities should implement a policy that would imply the participation of civic institutions and population in combating corruption. They also should jump into forming and establishing the public control over corruption (Ageev & Khuzina, 2016). In order to reduce the level of corruption, it was given a criminological characteristic supported by a concept of a criminal act of corruption stating that a control should be taken over the activities performed by officials, and over the size of their allowances (Gumerov et al., 2016).

Much attention was drawn to the study of corruption in various spheres of government regulation, since a number of specific tools must be worked out in order to combat corruption in each of them. Since the analysis revealed that education is a particularly corrupted sphere, it has been revealed that this is one of those sectors that generate corruption in the first place (Abramov & Sokolov, 2017). According to scientists, rights of municipal workers (Ageev and Khuzina, 2016) and local authorities (Bernardino et al., 2015) should be restricted in order to combat the corruption-related offences. Public procurement is recognized as one of the risk spheres when it comes to corruption-related offences (Fazekas et al., 2016). Researchers also determined the role of the open financial information in taking control over corruption (based on indices recorded in 91 countries) (Vargas and Schlutz, 2016).

Nevertheless, even when some studies are defining the concept, classifying the corruption-related offences and prescribing punishment for corrupt practices, researchers generally do not consider these problems without touching the general aspects of corruption. Thus, authors defining the concept and types of corruption-related offences focus on the particular danger of corruption as a social phenomenon for the international community (Bogolib, 2015).

Preventive anti-corruption measures, which are undertaken together with repressive measures, occupy a special place in the fight against corruption. The researchers emphasize this aspect, defining prevention as an effective tool to reduce corruption (Prevention: An Effective Tool to Reduce Corruption, 1999). For the significance of preventive measures speaks the existence of other related publications (Internal control, preventing and fighting corruption, 2008).

Therefore, we tend to define the concept of corruption-related offence at the national and interethnic levels, to prove that enshrining it in the current criminal legislation is a reasonable measure, as well as to solve the problem of articulating the universal corruption prevention strategies.

METHODS

The methodological research basis includes the specific statistical data on corruptionrelated crimes as one of the most dangerous and widespread types of crime. These statistics relate to specific countries that highlight their levels of corruption. …

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