Countering or fighting corruption. What is corruption in simple terms. International Anti-Corruption Efforts

Countering corruption has always been and is a priority task for the prosecutor's office.

Based on the fact that Russia's participation in the ratified UN Convention against Corruption and the Council of Europe Criminal Law Convention on Corruption requires the creation of the necessary not only legal, but also organizational prerequisites.

The competence of local administration and structural subdivisions includes the issues of combating corruption in the sphere of state and municipal service, including corruption among persons holding public office Russian Federation, heads of regions and municipalities, deputies, judges, prosecutors and other public officials.

The department includes a department for supervision of compliance with federal legislation and a department for supervision of criminal procedural and operational-search activities, ensuring the participation of prosecutors in the consideration of criminal cases by courts, as well as an organizational and methodological group.

The main activities of these departments can be divided into the following groups:

• Identification of corruption manifestations and conducting appropriate checks on them;
• Supervision over compliance with the law in the implementation of operational-investigative activities in cases of corruption;
• · supervising the observance of criminal procedural legislation in the process of investigating criminal cases on facts of corruption;
• · maintenance of public prosecution at the stage of judicial proceedings in such criminal cases;
• participation in international cooperation with anti-corruption and other structures of other countries;
• · Monitoring and analysis of the implementation of anti-corruption legislation and development of proposals for its improvement.

The anti-corruption strategy in the Russian Federation includes three main elements:

• 1. Anti-corruption reform of the legal system of the Russian Federation and improvement of legislation aimed at combating corruption
• 2. Prevention of corruption by eliminating corruption risks and opportunities that exist in the system state power and management, in social sphere and economy
• 3. Raising an anti-corruption culture in society and strengthening public support for the fight against corruption

By joint efforts of the state and society, it is necessary to achieve the solution of the following tasks:

• 1. Completion administrative reform, strengthening the mechanisms of external and internal control over the activities of public authorities and municipal government, stimulation of anti-corruption behavior of state and municipal employees.
• 2. Improving the legal system and strengthening the dictatorship of the law (improving criminal legislation, law enforcement and judicial systems, penitentiary systems, preventing financial crimes and strengthening control over money laundering).
• 3. Improving the management system of public finances, state property and other national resources(budget, taxes, customs system, privatization processes, system of state contracts, state external and internal financial control, etc.).
• 4. Increasing the transparency of business relations.
• 5. Development of an anti-corruption culture in society and public support for anti-corruption measures.

To date, there are no known methods in pedagogy and management that would guarantee that a person will be an ideal official. However, there are many countries with very low level corruption. Moreover, historical examples are known when actions aimed at reducing corruption led to significant success: Singapore, Hong Kong, Portugal, Sweden. This unequivocally speaks in favor of the fact that methods of combating corruption exist.

From a formal point of view, if there is no state, there will be no corruption. The ability of people at this stage of development to cooperate effectively without a state is very much in doubt. Nevertheless, in an environment where corruption is widespread almost everywhere, the dissolution of corrupt authorities seems to be one of the effective radical ways to get rid of it.

Apart from the dissolution of the authorities, there are three possible approaches to reduce corruption.

First, it is possible to tighten the laws and their enforcement, thereby increasing the risk of punishment. Secondly, it is possible to create economic mechanisms that allow officials to increase their income without violating the rules and laws. Third, the role of markets and competition can be strengthened, thereby reducing the potential profits from corruption. The latter also includes competition in the provision of public services, provided that some state bodies duplicate the functions of other bodies. Most of the well-established methods relate to internal or external oversight mechanisms.

Corruption is the extraction of personal benefit from the use by an official of the rights and powers entrusted to him through the use of his connections, opportunities, status and authority. Such actions are against the law. In other words, it is getting

5. To use information-propaganda, political, legal, organizational, socio-economic and other measures in the fight against the crime in question.

6. On state cooperation with international organizations, civil society institutions and individuals.

7. On application necessary measures that prevent the manifestation of the crime in question.

In Russia, special commissions and committees are being created to destroy this evil. In some state structures there is a department for combating corruption.

Responsibility

Undoubtedly, each of the deeds deserves a certain punishment. The Anti-Corruption Law provides for disciplinary, administrative, civil and criminal liability. It is determined depending on the type of offense in relation to legal entities and individuals, citizens of Russia, foreign residents and stateless people who have committed acts of corruption.

Commission for Combating Corruption Offenses

The Anti-Corruption Commission is an organization created to prevent and counter the crime in question. It is involved in all spheres of life. Also, the commission is designed to stimulate anti-corruption behavior.

This organization includes a list of persons approved by the President of Russia.

Objectives of the Commission

The main objectives of the Anti-Corruption Commission are:

1. Providing assistance to law enforcement agencies.

2. Assistance in the implementation of the legitimate interests and rights of citizens.

3. Provision of legal assistance to people to protect their rights from corruption encroachments.

4. Attracting the attention of the public and the media to assist in the fight against corruption.

Tasks of the commission

The fight against corruption in Russia includes several main tasks.

1. Public support of state structures, associations and in order to ensure order, law and fight against corruption.

2. Assistance in raising the legal level of informing the population.

3. Participation in the development of scientific and practical recommendations, in federal, regional, international actions and programs to combat the problem under consideration.

4. Annual report on problems related to the fight against corruption.

5. Assistance to citizens in the protection of fundamental freedoms and rights that are violated by actions or, conversely, by the failure to provide services by corrupt structures.

6. Providing information to the public, public authorities through the media on identified cases of corruption.

7. Engagement in publishing activities.

8. Protection of the rights and interests of participants and members of the commission.

9. Development of international cooperation.

10. Analysis public opinion and conducting sociological surveys.

11. Examination of the activities of local governments and government agencies.

12. Analysis of federal laws.

13. Preparation of proposals and development of measures.

Through its actions, the commission demonstrates that the fight against corrupt officials can be carried out without attracting budgetary funds, based on the desire and initiative of citizens.

Anti-Corruption Committee

The Committee, thanks to the professionalism of the staff, the high intellectual potential able to solve specific problems and fight corruption.

The Federal Committee provides its employees with legal assistance on any issue. The fight against corruption in Russia takes place through the creation of this committee at the federal level. What is its purpose? This is the fight against corruption and terrorism. The Committee is a public structure that provides legal, social and other forms of protection for the prevention, prevention and assistance in the fight against corruption offenses

Purpose of the Committee

The goals of the committee are:

1. Protection of welfare, freedom, social guarantees and security of citizens.

2. Improvement of the legal and socio-economic situation in Russia.

3. Protection of legitimate interests and rights of citizens, medium and small businesses.

4. Control of the people over the objectivity of prices in the social sphere.

5. Providing protection to citizens, enterprises, institutions, organizations, entrepreneurs from corrupt arbitrariness.

6. Creation of a social and business partnership between society and government.

7. Education in citizenship active position in order to create a fair and legal balance between government and society.

8. Creation of a progressive, creative, highly moral, intellectual, influential force by means of forces into a single system in order to counteract corruption, supervise and control the observance of the laws of the Russian Federation by officials.

9. Restoration of social justice, democracy and the rule of law in the fight against bureaucratic arbitrariness and corruption.

10. Creation of a system of youth associations to influence and create behind ongoing processes in the fight against corruption.

11. Provision social protection and guarantees to pensioners, veterans, disabled people, employees law enforcement and military personnel; taking part in the development of civil society.

12. Assistance in the struggle for the development of local self-government and federalism, upholding the integrity and unity of the country, directed against separatism and nationalism.

13. Ensuring the possibility of participation in the management of the state of youth.

International fight against corruption

There are no national borders for the commission of the offenses in question. That's why the international cooperation in the fight against corruption is to unite states that pursue common goal. How does this happen? For this, it is accepted international treaties, agreements, conventions, etc.

States exchange information, extradite persons who have committed a corruption crime. They also introduce social measures aimed at preventing the offenses in question. This is how corruption is fought.

The issue of combating corruption is one of the eternal issues of the organization of the state.

Perceiving corruption as a systemic phenomenon, the state creates and implements comprehensive measures to counter it. Since 2008, the Anti-Corruption Council under the President has been formed, National Anti-Corruption Plans, a package of anti-corruption laws, a number of decrees of the President of the Russian Federation have been developed and approved, expanding control over the activities of state and municipal employees, heads of state corporations. Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption” established the basic principles and foundations for the fight against corruption.

An important role in the fight against corruption is played by specific measures that can reduce corruption in the state and society, identify and punish those involved in corruption. A simple and fairly effective measure is the mandatory annual reporting of officials (officials of executive authorities and deputies of the relevant levels) on income and property status. Income declarations of these persons (as well as their children and spouses) are in open access on the Internet, are covered in the official media, are checked by control and supervisory authorities.

In most organs executive power own security services have been created, the purpose of which is to suppress the corrupt activities of employees within the executive authorities and their territorial bodies in the constituent entities of the Russian Federation.

No matter how active the role of the state in taking measures to combat corruption, it cannot do without the help of ordinary citizens in this fight.

Every Russian citizen must and must live and work in accordance with the law. In order to avoid corruption phenomena, it is necessary to know one's rights firmly, be able to protect them, have a firm moral position that denies the use of corrupt methods in private, public and professional life.

WHAT IS CORRUPTION?

It is important to clearly understand the essence of this phenomenon and be able to distinguish it from other offenses.

But how then to determine what is corruption and what is not? To date, there is a clear definition of the concept of "corruption", established by law.

The concept of “corruption” is defined in the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”.

Corruption is the abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties, or the illegal provision of such benefits to the specified person by other individuals, as well as the commission of these acts on behalf of or in the interests of a legal entity.

If a person takes part in the illegal use of his or someone else's official position in order to obtain material or non-material benefits, he becomes part of a corrupt system.

Unfortunately for large group people giving small bribes to solve everyday issues does not contradict their own worldview, moral restrictions.

Acts of corruption include the following crimes: abuse of official position (Article 285 and 286 of the Criminal Code of the Russian Federation, hereinafter referred to as the Criminal Code of the Russian Federation), giving a bribe (Article 291 of the Criminal Code of the Russian Federation), receiving a bribe (Article 290 of the Criminal Code of the Russian Federation), abuse of power (Article 201 of the Criminal Code of the Russian Federation). Russian Federation), commercial bribery (Article 204 of the Criminal Code of the Russian Federation), as well as other acts that fall under the concept of "corruption" mentioned above.

THE ESSENCE OF CORRUPTION

Corruption does not appear in society overnight. The essence of corruption is manifested in those social phenomena with which it is deeply interconnected. These include legal nihilism and insufficient legal literacy of citizens, low civic position of citizens.

Here are some sources of corruption: inefficient and unfair distribution and spending of tangible and intangible benefits, a decrease in the efficiency of state and municipal bodies, a slowdown in economic growth, a decrease in the level of trust in government, and more.

PARTICIPANTS OF CORRUPTION

There are always two parties involved in the corruption process: the bribe-giver and the bribe-taker.

briber- a person who provides the bribe taker with some benefit in exchange for the opportunity to use his powers for his own purposes. The benefits can be money, material values, services, benefits, and so on. Wherein prerequisite is that the bribe-taker has administrative or managerial functions.

bribe taker there may be an official, an employee of a private company, a state and municipal employee who, for a fee, exercises his powers for a certain person (circle of persons). He can be expected to perform, as well as non-performance of his duties, transfer of information, etc. At the same time, he can fulfill the requirements on his own or contribute to the fulfillment of the requirements by other persons, using his position, influence and power.

Even without a deep socio-economic study, a number of objective reasons for the existence of corruption in our country are obvious.

At present, the population has enough large group citizens who prefer to take corruption for granted.

A person who gives or takes a bribe receives an immediate benefit. As a rule, the bribe-giver or the bribe-taker does not think about what consequences this may turn out to him.

Sooner or later, the question will arise about the legality of the actions taken, the legality of the income received.

Many do not even think that it is their actions that do not allow them to effectively fight corruption. What is the reason for such a passive attitude of citizens to the corruption situation in the country and to their personal fate? Reasons for corrupt behavior include:

Tolerance of the population to manifestations of corruption;

Lack of fear of losing the received benefit in the future when checking the grounds for its acquisition;

The presence of an official choice of behavior when he can solve the question put to him both positively and negatively;

Psychological insecurity of a citizen when talking with an official;

Ignorance by a citizen of his rights, as well as the rights and obligations of an official or a person performing managerial functions in a commercial or other organization;

Lack of proper control by management over the behavior of an official.

FORMS OF CORRUPTION

Bribe

The main act of corruption is receiving and giving a bribe. A bribe is not only money, but also other tangible and intangible values. Services, benefits, social benefits received for the exercise or non-execution by an official of his powers are also the subject of a bribe.

Bribery is the transfer and receipt of material values, both for general patronage and for connivance in the service. General patronage in the service may include, in particular, actions related to undeserved promotion, extraordinary unjustified promotion, and other actions that are not necessary. Connivance in the service should include, for example, failure by an official to take measures for omissions or violations in the official activities of the bribe giver or persons represented by him, unfair response to his illegal actions.

Abuse of power

Abuse is the use by a corrupt official of his official position contrary to the interests of the service (organization), or clearly beyond his powers, if such actions (inaction) are committed by him out of selfish or other personal interest and entail a significant violation of the rights and legitimate interests of society.

An official, or a person performing managerial functions in a commercial or other organization, in such cases acts within the limits of his powers on formal grounds or goes beyond the limits of his powers. This often happens against the interests of the service and the organization.

Commercial bribery

Similar in its characteristics to the composition of such crimes as giving a bribe and receiving a bribe, is commercial bribery, which is also included in the concept of "corruption".

The difference between these crimes lies in the fact that during commercial bribery, the receipt of material values, as well as the illegal use of property services for actions (inaction) in the interests of the giver (provider), is carried out by a person performing managerial functions in a commercial or other organization.

As well as for bribery, for commercial bribery, the Criminal Code of the Russian Federation provides for criminal liability (up to imprisonment for up to 5 years) of both the person being bribed and the person who is bribing.

However, unlike a bribe, only commercial bribery that is contractual is criminalized, regardless of when the bribery was transferred.

Bribe and gift

An important clarification: there is a difference between a bribe-reward and a gift. If you have an acquaintance who is an official and you want to give him a gift, then you should know that an employee of a government and administration body in connection with his performance official duties it is forbidden to receive remuneration from individuals and legal entities: gifts, cash payments, loans, any services of a property nature, payment for entertainment, recreation, transportation costs, etc. Gifts received by employees in connection with protocol events, business trips and other official events are recognized as federal property or the property of a constituent entity of the Russian Federation and must be transferred to a civil servant under an act to the state body in which he serves. However, Article 575 of the Civil Code of the Russian Federation allows presenting state and municipal employees with gifts worth no more than three thousand rubles.

RESPONSIBILITY FOR CORRUPTION

It is necessary to pay attention to the fact that the Criminal Code of the Russian Federation provides for criminal liability up to imprisonment for a term of 8 to 15 years both for receiving a bribe, and from 7 to 12 years for giving a bribe.

That is, not only the person who receives the bribe is responsible before the law, but also the person who gives the bribe, or on whose behalf the bribe is transferred to the bribe taker. If a bribe is transferred through an intermediary, then he is also subject to criminal liability for complicity in giving a bribe.

Bribery is based on two types of crimes: receiving a bribe (Article 290 of the Criminal Code of the Russian Federation) and giving a bribe (Article 291 of the Criminal Code of the Russian Federation). Closely related to them are such criminal acts as commercial bribery (Article 204 of the Criminal Code of the Russian Federation), abuse of official powers (Article 285 of the Criminal Code of the Russian Federation) and abuse of authority (Article 201 of the Criminal Code of the Russian Federation).

The corpus delicti (bribery) will take place regardless of when the bribe was accepted - before or after the performance of the relevant actions, and also regardless of whether there was a preliminary agreement between the bribe giver and the bribe taker.

Giving a bribe (transferring material assets to an official personally or through an intermediary) is a crime aimed at inducing an official to commit legal or knowingly illegal actions (inaction) in favor of the giver: to obtain benefits, for general patronage or for connivance in the service ( Article 291 of the Criminal Code of the Russian Federation).

Giving a bribe in the absence of aggravating circumstances is punishable a fine in the amount of 15 to 30 times the amount of the bribe or forced labor for up to three years, or imprisonmentfor up to two years with a fine of ten times the amount of the bribe.

Bribery can be done through intermediary. Intermediation in giving a bribe is the commission of actions aimed at: direct transfer of the subject of the bribe on behalf of the bribe giver. Liability of an intermediary in bribery occurs regardless of whether the intermediary received remuneration for this from the bribe giver (bribe taker) or not.

If a bribe is transferred to an official through an intermediary, then such an intermediary is liable for aiding in giving a bribe.

It must be remembered that the person who gave the bribe is released from criminal liability if:

a) extortion of a bribe by an official;

b) if the person actively contributed to the disclosure and investigation of the crime;

c) if a person, after committing a crime, voluntarily reported about giving a bribe to the body that has the right to initiate a criminal case.

It is necessary to know that receiving a bribe- one of the most socially dangerous official crimes, especially if it is committed on a large or especially large scale by a group of persons by prior agreement or by an organized group with extortion of a bribe.

Circumstances aggravating criminal liability for taking a bribe are:

Taking a bribe by an official for illegal activities(inaction);

Acceptance of a bribe by a person holding public office of the Russian Federation or a public position of a constituent entity of the Russian Federation, as well as the head of a local self-government body;

Receiving a bribe by a group of persons by prior agreement or by an organized group (2 or more people);

extortion of a bribe;

Receiving a bribe on a large or especially large scale (a large amount is the amount of money, the cost valuable papers, other property or benefits of a property nature, exceeding 150 thousand rubles, and on an especially large scale - exceeding 1 million rubles).

The most lenient punishment for a bribe is a fine, and the most severe is imprisonment for a term. from 8 to 15 years old. In addition, for taking a bribe, they are deprived of the right to occupy certain positions or engage in certain activities for up to three years.

Thus, an attempt to obtain benefits, advantages, avoid troubles with the help of a bribe results in criminal prosecution and punishment.

HOW TO BEAT CORRUPTION

The fight against corruption, first of all, should be expressed in the unwillingness of citizens to participate in corrupt relations.

That is why, in order not to become a victim of corruption, as well as not to take the path of breaking the law yourself, it is necessary to have a clear idea of ​​​​how to fight corruption.

HOW TO BE GOOD?

Let's try to figure out what a citizen can do on his own in order not to become a participant in a corruption crime.

Before applying to state, municipal bodies and institutions, or to commercial or other organizations, we recommend that you study the regulatory framework on the basis of which this or that body, institution, organization operates. After all, it is the knowledge of the laws that will help to understand when an official begins to abuse his position or extort a bribe for actions that he must already perform by virtue of his official duties.

Without much difficulty, this can be done in relation to state and municipal bodies and institutions. In order for the information transparency of the activities of state power to help ordinary citizens fight corruption on their own, all state and municipal authorities are required to post regulations governing their activities on their official websites on the Internet. Therefore, before applying to a particular state or municipal authority, we recommend that you study the information on the activities of this body, available, for example, on the Internet site.

Generalized information on many public services is presented on the website www. gosuslugi. en.

With commercial and other organizations, the situation is more complicated. The legislator in relation to these organizations cannot take similar measures on information transparency, which he took in relation to state and municipal bodies and institutions. However, one should not assume that the activities of commercial and other organizations are not regulated by anything.

These organizations must comply with the laws that govern the area of ​​activity in which the this organization. So, if you are going to apply to an organization that is engaged in trade, the provision of services or the performance of work, then it is advisable to first study the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”. It should also be remembered that this law, as well as a number of other documents relating to the activities of this organization, should be placed in trading floor, on a special stand.

If you want to apply to an organization providing medical services, you, in addition to the Consumer Rights Protection Law, need to know what medical services you are obliged to provide free of charge under your compulsory health insurance policy, as well as, if available, a voluntary health insurance policy. medical insurance. In addition, it is advisable to familiarize yourself with the regulations that regulate the procedure for the provision of medical services. For example, Federal Law No. 326-FZ of November 29, 2010 “On Compulsory Medical Insurance in the Russian Federation”, Decree of the Government of the Russian Federation of October 22, 2012 No. 1074 “On the Program of State Guarantees of Free Provision to Citizens of the Russian Federation medical care for 2013 and the planned period of 2014 and 2015”.

If you are applying for a job, then you need to study those sections Labor Code Russian Federation, which relate to the rights and obligations of the employee and the employer.

ADDITIONAL MEASURES

It may not be superfluous to take some additional measures.

You can consult with a lawyer, which will allow you to feel more confident in the conversation.

If possible, make an appeal in writing and submit it to the office of the body to which you are applying. If you apply to a state or municipal authority, then in accordance with federal law dated May 2, 2006 No. 59-FZ “On the procedure for considering applications from citizens of the Russian Federation”, you must give an answer within 30 days from the date of your application.

If you have become a victim of abuse by an official or a person performing managerial functions in a commercial or other organization, your official position and powers, then the algorithm of your actions should be exactly the same as when extorting a bribe from you, commercial bribery.

In the event that any check is underway against you by state and municipal authorities (they draw up a protocol on violation of traffic rules or the customs regime, they stop you and ask you to present your passport for verification, etc.), then in order to protect yourself from abuse official position on the part of officials you should:

Check the authority of an official by looking at his official certificate, and remember or write down his full name and position (rank);

Clarify the grounds for imposing sanctions on you, taking actions against you or your property - the norm of the law referred to by the official, remember this information or write it down;

If a protocol or act is drawn up in relation to you, insist on filling in all the columns by the official, without leaving them empty;

Insist that all witnesses whom you consider necessary to be indicated (or witnesses) be indicated in the protocol;

Insist that the minutes contain all the documents that you referred to when giving explanations to the official. If the official refuses to accept these documents, demand a written refusal from him;

Do not sign a protocol or act without reading it carefully;

In case of disagreement with the information entered in the protocol or act, indicate this before signing in order to be able to challenge the specified protocol or act;

Never sign blank sheets or unfilled forms;

In the line of the protocol on an administrative offense, in which you must sign that your rights and obligations are explained to you, put the word NO or a dash if the official who draws up the protocol did not explain them to you or offered to read them on the back. You should not read about your rights and obligations, they should be explained to you;

Insist on issuing you a copy of the protocol or act.

You also need to know that, in accordance with the provisions of Article 28.5 of the Code of the Russian Federation on administrative offenses, a protocol on an administrative offense must be drawn up immediately after the discovery of an administrative offense. Also, you don't have to prove your innocence.

The Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 stated: “A person brought to administrative responsibility is not required to prove his innocence. Guilt in committing an administrative offense is established by judges, bodies, officials authorized to consider cases of administrative offenses. Irremovable doubts about the guilt of a person brought to administrative responsibility must be interpreted in favor of this person.

REMINDER TO A CITIZEN ON WHAT TO DO IF A BRIBE IS EXTORTED FROM YOU:

Refuse to give a bribe.

In the event of extortion of a bribe or the inability to refuse to give a bribe (for example, in case of a threat to life and health), this must be reported to law enforcement agencies, but the following recommendations should be observed when communicating with a bribe extorter:

Listen carefully and accurately remember the conditions set for you (amounts of amounts, name of goods and nature of services, terms and methods of transferring a bribe, etc.);

Try to postpone the question of the time and place of the transfer of the bribe until the next conversation;

Do not take the initiative in the conversation, let the "bribe-taker" speak out, tell you as much information as possible;

Contact law enforcement immediately.

WHERE TO APPLY?

The following options are possible:

Appeal of illegal actions within the framework of existing administrative procedures - filing a complaint with the immediate superiors or complaints to higher authorities.

Complaint to the regulatory authorities (in the framework of consumer relations, this may be territorial institutions Rospotrebnadzor, Federal Antimonopoly Service; within the framework of relations with organizations of housing and communal services - housing committees And housing inspections) or the prosecutor's office. Be careful: the accusations should not be unfounded, the complaint must contain specific information and facts.

You must also report the fact of extortion to law enforcement agencies or to the departments of your own security, which, for example, are under the Ministry of Internal Affairs (MVD of Russia) and Federal Service security (FSB of Russia). Oral reports and written statements about crimes are accepted by law enforcement agencies around the clock, regardless of the place and time of the crime.

You can contact the reception of the prosecutor's office, the duty department of the Ministry of Internal Affairs of Russia, the Federal Security Service of Russia, the customs authority or the drug control authority. You are obliged to listen and accept the message in oral or written form. In this case, you should find out the last name, position and work phone number of the employee who received the message.

The means of combating corruption are mainly divided into two types - preventive or soft methods, and reactionary or hard methods. Soft methods include, for example, training, personal policy (eg rotation) and organizational and cultural development, as well as certain control mechanisms. Harsh methods include laws and punishments. Various methods are used in the struggle of different states against corruption. Thus, for this purpose, television and radio programs, social campaigns, training courses, information for the public, legal acts, studies of corruption, information booklets, supplements to laws, etc. In most states Western Europe laws that regulate anti-corruption activities are similar to a large extent. One of the biggest advocates for punishing corrupt practices and imposing equivalent penalties for them is the OECD Anti-Bribery Working Group. Their purpose is to ensure that a bribe-taker does not go unpunished in one state if the penalties in a neighboring state are very severe. They are also trying to ensure that similar requirements apply for officials in all allied states.

There is no clear position on which of the methods of combating corruption is the most effective. The same methods do not have to be suitable for different cultures. At the same time, it is well known that freedom of the media, accessibility necessary information etc. are prerequisites for reducing corruption.

It should be noted that there are several models of corruption in the state, these are Asian, African, Latin American models. Clearly, Russia does not yet fall under either of the models described above, or any combination of them. This means that corruption in Russia has not yet become systemic. The chance has not been lost yet.

Russia's problem in the fight against corruption may lie in the fact that we are fighting not with the causes of bribery, but with its consequences, trying to patch this or that hole in the legislation and in society. We do not look at the root of the problem, we do not solve the problem systematically, totally, everywhere, although only such an approach could bring us benefits, benefits and results. What do we need to do to eliminate this evil. Perhaps the will of the government is needed, which has not yet been observed.

As organizational measures - the creation of specific structures, the exclusion of their departmental and administrative-territorial fragmentation, the provision of powerful legal protection for law enforcement officials, material equipment, taking into account the latest achievements of science and technology.

In order to improve the operational-investigative and criminal procedural legislation in order to increase the effectiveness of the fight against corruption in the law-making process, it is necessary to take into account a number of provisions of fundamental importance. First, unreasonable restrictions on the rights and freedoms of citizens, and even more so their violation, cannot be allowed. Secondly, legal regulation should be systemic and cover the phenomenon under consideration in general. Thirdly, the state and society must be ready to consciously go to significant material costs in the fight against corruption.

Legislation aimed at preventing corruption as a criminal phenomenon should be based not only on fixing increasingly stringent liability measures, but first of all on a clear limitation and impossibility of state authorities and their employees to carry out or have any relation to any economic activity. I mean economic, not specifically entrepreneurial activity, since any relation to economic activity gives rise to the temptation of an official to use his position for "commercial" purposes.

Powerful state and commercial activities for the provision of services and profit-making cannot be combined in one person, should not be carried out by one organization. Even with maximum control and no obvious abuse, this combination of two different activities deforms each of them. At present, it is clearly seen that engaging in both economic activity and the implementation of functions government controlled serves as a provoking factor, creating favorable conditions for the abuse of power and the penetration of corruption into the state apparatus. The body of state power, exercising the function assigned to it, should be guided only by the state interests. No other interests or motives should influence this activity.

Thus, in order to prevent corruption in the system of public authorities, legislation should be guided by two fundamental rules:

• 1) state bodies and local self-government bodies should not receive income or derive other benefits for themselves from the exercise of power;
• 2) they also should not carry out, along with powers of authority, any other activity aimed at extracting income for themselves or obtaining other benefits.

The first normative act designed to regulate the fight against corruption in Russia was the Decree of the President of April 4, 1992 N 361 "On the fight against corruption in the system of bodies public service"

This decree, before the adoption of the "Law on Civil Service in the Russian Federation" and before the adoption of other regulations designed to regulate the fight against corruption, despite its small volume, established the basic principles of protection against corruption by officials of state authorities.

engage in entrepreneurial activities;

provide any assistance not provided for by law to physical and legal entities using his official position;

perform other paid work (except for scientific, teaching and creative activities);

be a member of economic societies and partnerships.

2. Establishment for civil servants of the mandatory submission of a declaration of income, movable and real estate, deposits in banks and securities.

Violation of these requirements entails dismissal from the position held and other liability in accordance with applicable law.

The Decree of the President of Russia "On Combating Corruption in the Public Service System, despite its timeliness and importance, is not without known defects (narrowness of the range of issues to be resolved, insufficient elaboration in terms of legal technique, etc.). The absence of a well-developed mechanism for implementing the Decree and monitoring its implementation creates serious obstacles effective application, both the decree itself and all the meager anti-corruption legislation.

The Law on Corruption has not yet been adopted, the draft of which was rejected several times by the President. It is in this law that a definition of a qualitatively new offense is given - an offense related to corruption.

The difficulty with which The State Duma faces in the adoption of this legislative act, is quite understandable. Despite the severity of this problem in Russia, not a single law in Russia, except for the Criminal Code, can establish the criminality of an act, in other words, not a single normative act cannot determine which acts are considered criminal and which are not. The same can be said about property liability, which is intended to be regulated by the civil code. Some norms established by the Law are at odds with that huge mass of laws and other normative acts, which at the moment constitutes the existing system of law. Unfortunately, the norms of the Law that allow regulating the fight against corruption more or less adequately at the present time inevitably run counter to and contradict the existing legislation, and, therefore, if the Law is adopted, destabilize the system of law already torn apart by various interests. First of all, it is necessary to check all laws for corruption capacity, that is, whether this law can be used to receive a bribe. Here, for sure, many lobbies - laws will come up.

It is wrong to believe that the judiciary is to blame for this problem. Many believe that it is impossible to win a case against a major official. Statistics show that 68% of complaints against state bodies and officials are satisfied by the judicial system. However, in general, lawsuits are filed by owners of medium and large businesses, where the administrative system has already been established and worked out.

To date, there are 3 anti-corruption strategies:

• 1. Public awareness of the dangers of corruption and its consequences
• 2. Prevention and prevention of corruption
• 3. Rule of law and protection of citizens' rights.

There are foundations without which corruption cannot be defeated. First, in the absence of independent mass media, it is pointless to fight against it, because no corrupt government without external public control will be able to remake itself. The media should constantly heat up this problem, keep it in sight, show that the state is fighting corruption, thanks to this there will be a slow, gradual education in this area, young people will realize that bribery in Russia is stopped in the bud, and the level of corruption will gradually begin to fall .