Политические режимы, коррупция и конституционализм

Вопросы теоретической экономики. 2020. № 1. С. 92–105.

Lukyanova E. A.

Until recently, the issues of anti-corruption and the problems of constitutional law were studied separately. Although it is the anti-corruption approach to legal issues that allows to expand the constitutional law instrumentarium. The author analyzes the so-called corruption equation of Robert Klitgaard: “Corruption = Monopoly + Freedom of action – Accountability.” The article proposes the “anti-corruption equation” translated in legal language: “Regular alternation of power + Power, limited by the law + System of checks and balances”. The author puts forward and substantiates the hypothesis that the totality of anti-corruption requirements constitutes the formula of a democratic law-bound state that operates in conditions of the human rights priority and the rule of law. And vice versa, the Klitgaard’s “corruption equation” in the same legal translation constitutes the formula of an authoritarian political regime. The article analyzes various classifications of corruption and notes the particular danger of political corruption. It has a comprehensive systemic nature and uses the infrastructure of the entire political process, rather than of a separate department or a separate public office, to achieve corruption goals. Under the conditions of the republic state, the government usually does not show its corruption goals and is forced to imitate democratic processes, replacing them with authoritarian practices. The mechanism of political corruption, therefore, becomes a means for leveling constitutionalism. At the same time, an authoritarian political regime is not always a primary and necessary factor of corruption. In some cases, such regime is created artificially specifically for certain corruption goals. In support of the stated theses, the author analyzes constitutional transformations in the CIS countries in the light of anti-corruption research.

Keywords: коррупция, разделение властей, corruption, конституционализм, политические режимы, верховенство права, constitutionalism, political regimes, система сдержек и противовесов, system of separation of powers, rule of law, system of checks and balances