Anti-Corruption as a Priority Direction of Legislative Regulation in Foreign Legislation

Abstract

The article is devoted to the study of combating corruption as a priority area of legislative regulation in foreign legislation. It is noted that countering corruption abroad is carried out by various methods of punitive and preventive nature. Punitive, criminal law methods used in all countries of the world to combat various manifestations of corruption do not lose their relevance, as evidenced by the legislative experience of foreign countries in recent years. An equally important role is played by the prevention of corruption in the public and private spheres, the formation of an anti-corruption culture in society. All over the world, anti-corruption legislation is aimed at providing legal support for solving such problems as preventing (primary and secondary) acts of a corrupt nature, punishing corruption as an illegal act (a set of acts). It is proved that the approach developed in the Anglo-American theory has influenced and continues to influence the formation of European legislation, which undoubtedly influenced the formulation of the standards enshrined in international conventions and treaties, especially in terms of the use of the institution of civil confiscation. It has been established that a special place among the anti-corruption acts is occupied by legislation on the protection and encouragement of persons who report the facts of corruption, which in some states has already firmly entered the arsenal of measures aimed at preventing corruption (Romania, the Republic of Korea), while in others it is just beginning to take shape ( Belarus, Kazakhstan). The Law on the Prevention and Combating of Corruption Activities of 2004 was singled out in one of the BRICS countries – the Republic of South Africa, which increased liability for corruption and other crimes related to corruption. It is noted that the law includes the general concept of "corruption" as a crime and, in the following norms, specifies the content of corrupt activities depending on the circle of persons and prohibited actions committed by: 1) certain persons (civil servants, foreign public officials; agents; deputies of the legislative body; employees judicial) and investigative bodies); 2) in connection with the provision or receipt of improper remuneration; 3) in connection with specific issues (testimony and evidence in litigation; contracts; public procurement and tenders; auctions; sports competitions; gambling; 4) in connection with a possible conflict of interest and other unacceptable activities (acquisition of private interest) in the contract, agreement or investment of a public body, intimidation of a witness; In addition, this law contains a number of other security measures, including those related to the preservation of property, which is likely to be subject to confiscation. Based on the analysis of the main directions of the criminal policy of a number of states in the field of combating corruption, the main trends in the development of the legislation of these countries are highlighted. First of all, we should talk about the establishment of a legal definition of acts of corruption, the development of a list of such acts and their differentiation in separate chapters (sections) of national criminal laws. Legislators of other states are changing the approach to the definition of “corruption crime” in the context of criminal codes, establishing an exhaustive list of “corruption offenses” in special anti-corruption laws. An example is the Law of Belarus on Combating Corruption. The attention of the legislators of the CIS member states to the criminalization of new anti-corruption criminal actions in line with the recommendations of international anti-corruption standards is still unabated.