Некоторые результаты имплементации международных антикоррупционных норм в российское административное законодательство
The article is devoted to specific issues of implementation of preventive provisions of the UN Convention against corruption in the Russian administrative legislation. The General assessment of the corresponding legal norms is given, the main novelties of the legislation, possible problems of their implementation are analyzed
The author presents the outcomes of academic research on anti-corruption legal framework in the Russian Federation conducted as a part of comparative study on anti-corruption legal framework in the BRICS countries. Special attention is paid to implementation of anti-corruption compliance in Russian organizations.
The article proposes an interdisciplinary approach to the development of the anti-corruption compliance concept in the Russian Federation. According to the authors, the anti-corruption compliance system should incorporate the main achievements of the sciences of international law, criminal law, criminal procedure law, criminalistics, and investigative activities. This approach can contribute to designing, implementing, and maintaining effective anti-corruption compliance programmes in the corporate sector.
The authors propose an own definition and a general overview of the anti-corruption compliance, and analyse main reasons for implementation of anti-corruption compliance in companies. Special attention is paid to distinctive features of legal regulation of the anti-corruption compliance in Russia and in foreign countries. The article contributes to the integration of main scientific definitions and concepts from criminal law and criminalistics, such as corruption crime, corruption offences and corruption risks into the concept of anti-corruption compliance system.
The main aim of implementation of the anti-corruption compliance in companies is to prevent committing corruption offences by employees, business partners and other associated persons. The authors come to the conclusions that the use of interdisciplinary classifications and descriptions of corruption offences and best investigative methods and practices can significantly increase an effectiveness of anti-corruption compliance programmes.
According to the authors, the proposed interdisciplinary approach can be used for development and implementation of anti-corruption compliance standards and guidelines aimed at protection of Russian companies from corruption risks.
This article is about the problems arising at the decision of a question on a recognition of socially dangerous act insignificant, are considered and ways of their decision with a view of protection of interests of the victim are offered.
The monograph is devoted to a comprehensive analysis of the modern transformations that have occurred in public administration and public service in recent years under the influence of socio-economic reforms. Along with doctrinal and legislative issues focusing on applied aspects of organization of the system of Executive authorities and their law-making activities, analyzing problems that occur in modern practice income and the civil service and settlement of conflict of interests in the civil service, offers possible solutions. The monograph will be of interest to researchers and practitioners, state and municipal officials, teachers, graduate students, students, as well as all those who are interested in the problems of public administration and public service.
The proposed ‘Overview’ is a practical tool that should simplify the use of existing standards and guidelines for designing, implementing and evaluating anti-corruption compliance programmes. The Overview considers the principles, standards and recommendations from major international organizations and bodies, including UNODC, World Bank, OECD, ICC, ISO.
Besides of standards and guidelines on anti-corruption compliance, relevant provisions from the Financial Action Task Force’s (FATF’s) anti-money laundering/countering financing of terrorism standards and guidelines on identification of third parties, beneficial owners, politically exposed persons (PEPs), risk assessment, and suspicious transactions were taken into account.
The scientific and practical guide «Anticorruption Ethics and Service Behavior» is devoted to the analysis of anti-corruption ethical norms developed by foreign and domestic legal doctrine and practice, as well as ways to enhance the impact of ethical standards on official (conduct) behavior of state and municipal employees, employees of state companies and corporations and other organizations. The authors of the scientific and practical manual proceeded from the hypothesis that ethical norms can complement the norms of law in resolving disputable behavioral and moral issues and collisions that arise in the current official activity. At the same time, the potential for the use of ethical regulators depends not only on the characteristics of the domestic legal system, but also on the problem aspects of the legal understanding and legal awareness of the addressees of ethical norms. In this regard, the scientific and practical manual contains proposals and recommendations to expand the impact of anti-corruption ethical standards on the official behavior of employees. For researchers, practicing lawyers, representatives of the business community, teachers, students and graduate students of law faculties and universities, as well as for all who are interested in the issues of combating corruption.
The book is the result of an extensive research conducted by professors of five academic institutions from Brazil, Russia, India, China and South Africa - the BRICS countries. The purpose of this work is to analyze the anti-corruption and anti-money laundering legislation in each of these countries, showing the similarities and differencies in terms of domestic legal frames and the international guidelines.