О формировании междисциплинарной концепции антикоррупционного комплаенса в Российской Федерации
Since the beginning of the 21st century, companies from various parts of the world have been actively implementing an anti-corruption compliance. This process did not leave aside Russian, primarily large, enterprises. Under their influence, the implementation process gradually started in small and medium size enterprises that often act as suppliers or service providers
The role of anti-corruption compliance as a mechanism for protecting companies from corruption offences and other misconduct should be not underestimated. At the same time, the authors noted that many largest international enterprises that invest enormous funds in designing and implementing compliance programmes are not able to prevent wrongdoing of managers, employees and third parties. As a result, these enterprises pay huge penalties to resolve anti-corruption laws violations.
Based on the results of the study, the authors come to the conclusion that anti-corruption compliance should not be limited to a set of management processes and formal standards. Anti-corruption compliance programmes and training should have a meaningful filling aimed at preventing corruption offences.
The article proposes and substantiates the idea of developing an interdisciplinary concept of anti-corruption compliance in the Russian Federation, based on the use of the achievements of the sciences of international law, criminal law, criminal procedure law, criminalistics and investigative activities.
In December 2012 Russia enacted important amendments to the Federal Law titled: “On combating corruption,” which came into force on January 1, 2013. This Law established obligations for all companies in the Russian Federation to have anti-corruption compliance policies and take measures to prevent corruption.
This publication provides an analysis of legal forms of civil society participation in prevention of corruption, as well as a description of practical implementation of anti-corruption projects and programs that can be regarded as a good practices.
The article views anti-corruption legislation and gives ideas for its improvement. It is suggested to introduce the juridical notion of corruptive crime, and corruptive deal as its main indicator. The prospects of these innovative measures for anti-corruption policy realization are shown.
The author analize implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 1977 in the United Kingdom and in the United States. Special attention paid to the influence of the Convention on the development of anti-corruption compliance control in companies, to the liability for corruption offenses and application of the UK and the US anti-corruption law to foreign companies.
The manual consists of theoretical and practical parts. In the theoretical part, the essence and content of corruption as a social and legal phenomenon and its criminal and legal feature are revealed, the characteristic of combating corruption as a management system and the system itself as an object of anti-corruption policy is given. In each section of the theoretical part, questions for self-examination and creative thinking are formulated, which in most cases represent a problem of an analytical nature.
In the practical part, the issues of the discussion plan related to the systematization of knowledge of the new scientific branch - corrupciology, as well as the problem of corruption behavior are highlighted. Analytical tasks are formulated.
The publication describs the best practices of civil anti-corruption education.
This toolkit describes effective anti-corruption strategies, that place anti-corruption educatioin in the line with the political will, sustainable institutions and the no-impunity principle implementation. It also provides an overview of viable anti-corruption mechanizms and tools have recently appeared. Additionally there are practical recommendations concerning reliance on best practices of anti-corruption educatioin and illustrative examples of anti-corruption projects implemented by youth.
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 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/