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Corruption, according
to most of scientists, is generated by national economy for this
reason most often this phenomenon is studied by economists, lawyers and political scientists,
sociologists are more rare, it turns out that from social and psychological features of the person
it is a little studied. The successful anti-corruption policy is impossible without change of public
and individual consciousness. Here positive changes in rules and examples of behavior, both
public servants, and ordinary citizens are necessary. It is possible to assume that corruption is
in certain dependence on historical development and mentality of society.
There is an opinion that the tendency of weakening of moral
principles of society is at
the moment traced. Cultural wealth and traditions pass into the background, and forward a
careerism, aspiration of some people who are in power to material enrichment. All this denies
common goals of the people and the nation and conducts to violation of the law.
Existence of corruption activity can be tracked in any society throughout all historical
development. It doesn’t depend on a form of a state system or a political regime of this or that
country. At the moment any democratic country couldn’t get rid of this harmful phenomenon
entirely. However, same it is possible to tell and about the most rigid dictatorship.
Historical prerequisites to emergence of corruption in Russia we designated the principle of
“feeding” in Russia. Perhaps, it isn’t enough of it, and modern corruption originates in mentality.
Russians for long time of existence of the state reconciled to thought that it is angrily inevitable.
Still it is possible to carry legal nihilism and absence of legal culture in society to problems of
a mental order.
Feature of the Russian bribe during
the pre-revolutionary period, was that ceased to
be ashamed of it, bribes took everything both governors, and chairmen of civil and criminal
chambers and others. The bribe was legalized and entered custom, and “the applicant never
came to empty-handed offices” [10].
Corruption gains new development in the XX century. This moment is marked in the history
by blossoming of private business and strengthening of the power of officials. It is possible to
explain it to that businessmen in competitive fight in increasing frequency began to resort to
“buying up of the state” [19].
Russia
the multinational country, in our territory a large number of ethnoses is located.
It is logical to assume that for each ethnos the concept of a bribe will be a miscellaneous.
For example, in the North Caucasus such gift as the car on birthday of the big chief perhaps
isn’t perceived as a bribe, the same approximately situation will be, we will tell for example, in
Buryatia, only behind an exception that there it is accepted to give a horse.
Today the corruption problem for our country has nation-wide character. The president of
the Russian Federation V. V. Putin on enlarged meeting of Ministry of Internal Affairs board of
Russia noted on March 4, 2015: “The statistics testifies that as a result of the taken measures we
planned a tendency to decrease in level of corruption. But the facts say also that the problem
is still not solved …” [15].
To speak about a corruption phenomenon, we need to consider
it from the point of view of
interdisciplinary approach. Such approach to understanding of corruption will allow to define a
role and a place of corruption in social processes and public life.
The code of behavior of officials on law enforcement adopted by the United Nations General
Assembly on December 17, 1979 says: “Though the concept of corruption has to be defined
according to the national right, but it is necessary to understand that it covers commission or
not commission of any action at fulfillment of duties or because of these duties as a result of
the demanded or accepted gifts, promises or incentives, or their illegal receiving every time
when such action or inaction” takes place [23].
Studying of the international normative legal acts says that
the international community
doesn’t narrow the content of corruption to bribery of officials and officials, and expands
approach to studying of this phenomenon. Official plunders, lobbyism, bribery, forms of
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unauthorized use officials of the powers, advantage of the status of one citizen over another –
all this corruption in the international understanding. It is the extremely important that this
definition includes lawful, lawful office behavior of officials if it was
caused by the received or
promised gifts in structure of corruption.
The domestic legislation defines corruption as follows:
“a) abuse of official position, bribery, taking of a bribe, an abuse of authority, commercial
bribery or other illegal use by the natural person of the official capacity contrary to legitimate
interests of society and state for obtaining benefit in the form of money, values, other property
or services of property character, other property rights for itself or for the third parties or illegal
granting such benefit to the specified person by other natural persons” [6].
One of the shortest modern definitions of corruption was offered by J. Senturiya in the
1960th years: “abuse of the public power for the sake of private benefit” [25].
To
speak about corruption, it needs to be classified. At the moment different authors offer
the approaches to corruption classification. We will consider some of them.
The first approach which it is necessary to mention, is the approach offered by V.A. Shabalin
it consists in the following: corruption forms in public authorities share depending on criterion:
1) on corruption level: local, top, vertical;
2) on the level of public danger: corruption offense, corruption crime. [21].
V.V. Letunovsky and A.A. Ageev subdivide corruption on single, periodic and system [12].
The following model of classification consists in differentiation household (the health care,
education, courts, a military appeal, law enforcement agencies) and business corruption (the
sphere of interaction of business and the power regulator concerns to her) [13].
The special place in a social and legal context of the analysis of corruption is taken
by classification of A.I. Gurov who considers this phenomenon
as one of the main signs of
organized crime:
1. Political corruption which appears at implementation of activity of officials, contradicting
norms of morals and the law.
2. The corruption connected with criminal activity, based on bribery of officials.
3. Corruption forms of behavior which assume purposeful retraction of officials in criminal
activity [7].
A. Haydankhaymer in turn suggested to subdivide corruption on “white”, “gray” and “black”.
The principle of consent or disagreement of public opinion with existence of corruption behavior
is the basis for this classification [8]. In our opinion it is necessary to stop on this classification
in more detail.
1. “White” corruption. Rather similar the practician in public opinion the consent is created,
i.e. these actions are integrated into culture and aren’t considered as the reprehensible. Similar
actions aren’t perceived as a problem or threat.
2. As “sulfur” as corruption are called those practicians concerning whom there is no
consent in public opinion.
3. “Black” corruption represents behavior which is everywhere condemned by society.
Concerning it like corruption in society also there is no consent.
In addition to this corruption are divided into types depending on the scope of its distribution:
international, state and corruption in the private sector [2].
I. Akhmedov in his work divides corruption depending on
the degree of involvement of
officials in the distribution of profits. The first type of corruption “progressive”, and the second
type is corruption, based on the creation of barriers in front of entrepreneurs [1]. The first type
of corruption is common in Western countries, and, according to the author, he was progressive,
despite the fact that it is extremely harmful and dangerous. The meaning of such corruption is
that officials involved in the distribution of the entrepreneurs profit. This occurs through the
provision of a number of benefits that allow businesses to increase profits from their trades.