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Anti-Corruption Legal Mechanism: Intersectoral Conflicts
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Anti-Corruption Legal Mechanism: Intersectoral Conflicts
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.108
Publication type
Article
Status
Published
Authors
Vera Kazakova 
ORCID: 0000-0001-7453-6201
Occupation: Chief Researcher
Affiliation: National Research Institute, Ministry of Interior of the Russian Federation
Address: Moscow, Russia
Sergey Inshakov
ORCID: 0000-0001-6412-4633
Occupation: Professor of the Institute of International Law and Justice
Affiliation: Moscow State Linguistic University
Address: Moscow, Russia
Edition
Volume 27 No. 9
Pages
117-130
Abstract

Criminal and administrative-tort legislation is the most important link of the anti—corruption legal mechanism, but its shortcomings and intersectoral conflicts complicate the fight against corruption.

The purpose of the study is to improve the anti—corruption legal mechanism by generalizing regulatory gaps and contradictions, identifying corruption-related norms of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation and their determinants.

Comparative-historical, systemic, institutional, abstract-logical and formal-legal methods were used in the analysis of legislation.

The main obstacles to the formation of an anti-corruption legal mechanism are fast, haphazard changes in legislation that ignore the public danger of the act, the confusion of criminal and administrative responsibility, the lack of an algorithm in determining the sanctions of administrative violations and crimes, the institute of administrative prejudice, thoughtlessly introduced into the Russian Criminal Code, the presence of clearly corrupt norms in the legislation, such as the exclusion of confiscation of property from punishment systems, the possibility of changing the category of crime by the court, the presence of similar and identical dispositions in the norms of the Russian Administrative Code and the Russian Criminal Code, disproportions in the establishment of sanctions in the Criminal Code and the Administrative Code. The generalized task of improving the anti-corruption legal mechanism is to restore the consistency and interdependence of the norms of tort branches of law, their logical interaction for effective application in practice.

Keywords
corruption, anti-corruption legal mechanism, corruption of legislation, administrative prejudice, confiscation of property, categories of crimes
Date of publication
20.09.2023
Number of purchasers
12
Views
106
Readers community rating
0.0 (0 votes)
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