Legal regulation of combating corruption. Report of the LSGL’s Research Group
Corruption is a serious institutional dysfunction. The lenient view of corruption as the “grease of the wheels of development” is no longer accepted. Much on the other hand, graft is currently understood as the “sand of the wheels”. As one of the main factors hindering economic and social development, the combat of corruption has become a top priority in the agendas of public and private actors, including academia.
The Law School Global League has joined such efforts. It has created a group formed by scholars from several countries, including Brazil, Germany, Italy, Russia, South Africa, United Kingdom and Turkey, and organized academic conferences on the topic. This report was prepared as a contribution to the creation of a comparative critical mass regarding such serious crime. The purpose is to contribute to the dissemination of knowledge and to expand awareness of the applicable regulation and of the related institutions, mechanisms and instruments. The report based on legal regulations and judicial practice of the above countries.
The second chapter addresses the general aspects of corruption. The third chapter deals with prevention of corruption in the public sector. Chapter four is dedicated to anti-corruption compliance in companies. Chapter five tackles the criminal liability for corruption. Chapter six deals with transnational enforcement of anti-corruption norms and the creation of property rights.
The author offers an analysis of the Russian market theses services.
The author analyzes regulation of anti-corruption compliance in BRICS countries and application of these norms in companies. He also gives general overview of main obligations of companies, requirements for the development of the Code of business ethics, Anti - corruption policy, main anti – corruption standards and procedures, the system of risk – assessment and identification of suspicious transactions. The author also pays special attention to the international legal regulation of anti-corruption compliance and to the UK and US anti-corruption laws which have transnational application.
In this study, for the first time in Russian practice from a large amount of empirical data on state contracts for procurement of goods, works and services, made a major budgetary organization during 2008-2010., Examines factors affecting the decline in trading, delays in supplies, as well as problems in the performance of obligations under the contracts. The analysis showed that a reduction prices at the auctions directly dependent on the number of applications accepted for review by the competitive commissions. Falling prices are more frequent in the procurement of goods and experimental trust (compared to the benefits of the inspection), as well as a state contract for works. However, the prices are much less likely to have been lowered in auctions (compared to purchasing through quotations and tenders). Delays in supplies occurred in 27% of patients and were more frequent in the procurement of experimental benefits, and were characterized for major purchases and state contracts executed during the I-III quarters of the year. More serious problems in the performance of obligations, full fraught with supply disruptions, have characterized the state contracts, culminating in the IV quarter. The overall risk supply disruptions were reported only 5% of purchases at competitive procedures, but on the contracts accounted for nearly half of all purchases of the budget organization in 2008-2010. Based on the analysis in the formulation of recommendations to improve the system of public procurement.
The chapter of the book systematically examine various effects of resource curse in such arenas as rule of law and property rights in Russia in comparison with the other oil-and-gas exporting countries beginning from the XXI century.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The author analyzes new regulation of anti-corruption compliance under Russian law and application of these norms in Russian companies. He also gives general overview of main obligations of companies, requirements for the development of the Code of business ethics, Anti - corruption policy, main anti – corruption standards and procedures, the system of risk – assessment and identification of suspicious transactions. Obligations of companies under anti – money laundering law and under anti – corruption law are also analyzed in the article. Special attention is paid on administrative liability of companies.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/