The issue of combating corruption is one of the eternal issues of state organization. Specific measures that can reduce corruption in the state and society and identify and punish those involved in corruption play an important role in the fight against corruption. No matter how active the role of the state in taking measures to combat corruption, it will not be able to do without the help of ordinary citizens in this fight.
what is corruption?
It is important to clearly understand the essence of this phenomenon and be able to distinguish it from other offenses.
But how can we determine what is corruption and what is not? Today, there is a clear definition of the concept of "corruption", established by law.
Corruption is the abuse of official position, bribery, receiving a bribe, abuse of authority, commercial bribery or other illegal use by a physical person of his official position contrary to legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of property character, other property rights for itself or for third parties or illegal provision of such benefits specified person other individuals, as well as the Commission of such acts on behalf of or in the interests of a legal entity.
If a person participates in the illegal use of his or someone's official position for the purpose of obtaining material or non - material benefits, he or she becomes part of the corruption system.
Unfortunately, for a large group of people, giving small bribes to solve everyday problems does not contradict their own worldview and moral restrictions.
THE ESSENCE OF CORRUPTION
Corruption does not appear in society overnight. The essence of corruption manifests itself in the social phenomena with which it is deeply interlinked. These include legal nihilism and insufficient legal literacy of citizens, low civil position of citizens.
Here are some sources of corruption: inefficient and unfair distribution and expenditure of material and non-material goods, reduced efficiency of state and municipal bodies, slower economic growth, reduced confidence in the government, and more.
PARTICIPANTS IN CORRUPTION
There are always two parties involved in the corruption process: the bribe-giver and the bribe-taker.
A bribe-taker is a person who provides a certain benefit to the bribe-taker in exchange for the opportunity to use his / her powers for his / her own purposes. Benefits can be money, material values, services, benefits, and so on. In this case, a mandatory condition is that the payee has administrative or administrative functions.
A bribe recipient may be an official, an employee of a private firm, or a state or municipal employee who exercises his / her powers for a certain person (circle of persons) for a fee. They can be expected to perform, as well as to fail to perform their duties, transmit information, etc. At the same time, he can fulfill the requirements independently or contribute to the fulfillment of the requirements by other persons, using his position, influence and power.
Even without conducting a deep socio-economic study, a number of objective reasons for the existence of corruption in our country are obvious.
Currently, there is a fairly large group of citizens among the population who prefer to take corruption for granted.
The person who gives or takes a bribe gets a momentary benefit. As a rule, the bribe-giver or the bribe-taker does not think about what consequences this may have for himself.
Sooner or later, the question will arise about the legality of the actions taken, the legality of the income received.
FORM OF CORRUPTION
1. Bribe
The main act of corruption is receiving and giving bribes. A bribe is not only money, but also other tangible and intangible assets. Services, benefits, and social benefits received for the exercise or non-exercise of an official's powers are also subject to bribery.
Bribery is the transfer and receipt of material assets, both for General patronage and for connivance in the service. General patronage in the service may include, in particular, actions related to undeserved promotion, extraordinary unjustified promotion, or other actions that are not caused by necessity. Connivance in the service should include, for example, the failure of an official to take action for omissions or violations in the official activities of the bribe-giver or persons represented by him, or an unfair response to his illegal actions.
2. Abuse of power
Abuse is the use by a corrupt official of his official position against the interests of the service (organization), or clearly beyond the limits of his authority, if such actions (inaction) they are committed out of self-interest or other personal interest and entail a significant violation of the rights and legitimate interests of the society.
In such cases, an official or a person performing managerial functions in a commercial or other organization acts within the limits of his / her powers on formal grounds or goes beyond the limits of his / her powers. This often happens against the interests of the service and the organization.
3. Commercial bribery
Similar in its characteristics to the composition of such crimes as bribery and receiving bribes, is commercial bribery, which is also included in the concept of "corruption".
The difference between these crimes is that in the case of commercial bribery, the receipt of material values, as well as the illegal use of property-related services for committing actions (inaction) in the interests of the giver (provider), is carried out by a person performing managerial functions in a commercial or other organization.
4. A bribe and a gift
An important clarification: there is a difference between a bribe-reward and a gift. If you have a friend-an official, and you want to give him a gift, then you should know that an employee of the authority and management in connection with the performance of their official duties is prohibited from receiving remuneration from individuals and legal entities: gifts, cash payments, loans, any services of a property nature, payment for entertainment, recreation, transport costs, etc.