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The historical roots of corruption
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| 2. The historical roots of corruption
According to political analysts, corruption usually occurs and develops in the period of regime change in the conditions of crisis situations in economy and politics, bureaucracy, society and the state. Height corrupt government institutions, their matching with the criminal structures are some of the signs of the fall of the legitimacy of power and threaten the democratization of modern society*. Assuming that the political regime - an attribute has developed state, the genesis of corruption in this context is presented from the standpoint of the present. Research historians suggest otherwise. Corruption as a socially negative phenomenon appeared in ancient times with the first signs of the state and the division of society into classes. ____________ *См.: Коррупция // Казахстанская политологическая энциклопедия. – Алматы, 1998. – С. 163. The first written mention of the corruption researchers attribute to the XXIV century BC so, in the archives of ancient Babylon there is evidence that the king of Lagash Urukagina reformed government to curb the abuse of officials and judges.*In the eastern countries from ancient times cultivated the so-called "baksheesh", which is understood as an offering, a tip. This phenomenon is saved as quite normal, do not blame society, as originally in these countries it is perceived as an expression of gratitude for any service. However, this does not mean that in the present conditions in these countries, the fight against corruption is not carried out. In his dialogue "The State" and "Laws" Greek philosopher Plato (427-347 BC.) Argued that the legislative regulation of individual and social life, if not designed to restore the lost harmony, then at least prevent further disorder between individual will and the law of the world **. A follower of the ancient Greek Platonism other cal philosopher Aristotle (384-322 BC.) In his discussion of the policy argued that the "correct norm" behavior due to social characteristics, and can not claim to universality***. _______________ *См.: Основы противодействия коррупции: Учебное пособие / Под ред. И.И.Рогова, К.А.Мами, С.Ф.Бычковой – Алматы: ОФ «Транспаренси Казахстан». - 2004. – С.7-10. ** См.: Платон //Философский энциклопедический словарь. – М., 1983. – С.496-498. *** См.: Аристотель // Там же, - С.35-38. Thus Plato and Aristotle believed that corruption - a political category. Medieval thinkers from Florence Niccolo Machiavelli (1469-1527 gg.) In his political treatise attempted to prove that all means are permissible to achieve political goals in an environment where the people are not developed civic virtues. In addition, he believed that corruption can destroy civic virtues and character-Call as a general disease state*. French philosopher Sh.L.Monteske (1689-1755gg.), Developing the so-called geographical school in sociology, trying to justify the idea that the climate, the soil and the condition of the Earth's surface determine the spirit of the people and the nature of social relations. In addition, he believed that corruption - a process that destroyed depleting order, converting it into waste. Direct interpretation suggests that Sh.L.Monteske recognizing geographic predetermination of relations in the society, the state, yet realistically assess the destructive power of corruption that can be reduced to an insignificant complex of virtues, originally laid by nature, human nature**. Russian legislation is strong enough period of absolutism was manifested in the fight against corruption and korruptsionizmom. So, the Empress Catherine II, taking a piece of legislation, as _____________ *См.: Макиавелли Н. // Там же, с. 334. **См.: Монтескье // Там же, с.386. "Institutions for the management of provinces" (from November 7, 1775), he pursued a very important purpose: to prevent usury (extortion, bribery) commanders in the field. However, as history shows, illegal extortion and bribery rulers of the provinces continue to be committed. It is noteworthy that corruption in its terminological designation have undergone some changes. For example,Council Code 1649 called bribe "Promises of" (from the "promise" - a promise). The Charter of the deanery (from April 8, 1782) corresponding tooffenses referred to as "extortion and bribe "," bribery". When Emperor Nicholas I was systematization of Russian legislation. His adoption of August 15, 1845 "of the Penal Code and Criminal Corrections" marked a new stage in the history of formation and development of anti-corruption legislation. This was indicated by the Code Chapter 16, entitled "On bribery and extortion." Under the provisions of the Legal Code st.401-413 to bribery and extortion attributed the receipt of gifts, giving and accepting bribes, extortion, any profit or other benefit, acquired on business, the transfer of bribes under the pretext of losing, sale, exchange or any other pseudo- legitimate and plausible transactions, etc. The second half of the XIX century characteristic for Russia to conduct large-scale peasant reform. Reforms have been carried out: rural, urban, military, judicial, and others. According to the researchers, the judicial reform of 1864 not only as the most bourgeois of all reforms of the time, but the most consistent. To carry out judicial reform overdue objective prerequisites. One of the most important prerequisites was bribery. Thus, characterization of the pre-reform giving the judiciary, I.V. Hessen wrote: "Bribery, along with ignorance and arbitrariness of officials, typical for all levels of state apparatus has become a phenomenon here is so enormous, overpowering scale that it had to recognize even the most ardent defenders of autocracy and serfdom ... The government's attempts to deal with Bribery did not give any results, because this defect covered the entire state apparatus. Extremely low overall literacy of judges, not to mention the legal literacy, obus- catching the actual concentration of the justice of the case in the hands of clerical officers and secretaries"*. The ideologist of the 1917 October Revolution V.I. Lenin, in his article "French-Russian customs" lubricate "!" I wrote about the extent of bribery in pre-revolutionary Russia, "And everywhere in Europe do such things, but nowhere are they doing so shamelessly, as in Russia, nowhere is there a" political security "( security from detection) for venality, in autocratic Russia "**. Kazakhstan, a member of the Russian Empire until the October Revolution of 1917, had an equal ____________ *Гессен И.В. Судебная реформа. – М., 1905. – с.15-16. ** Ленин В.И. Полн.собр. соч., т.10. – с.33. basis with other peoples of the Russian outskirts of all the evils of autocracy, including bribery, extortion, embezzlement of public funds. For the Soviet period of development of Kazakhstan, which was part of a union republic of the USSR, the phenomenon of corruption and was not alien. This is evidenced by the Criminal Code of the Kazakh SSR, adopted in 1959, which has provided an independent Chapter 13, entitled "Crimes against the interests of public service." Within this chapter specifies the rules on liability for corruption offenses. In the context of Kazakhstan's sovereignty after the collapse of the Soviet Union, anti-corruption policy has been preserved and given new impetus to its revitalization. In the Criminal Code, adopted on 16 July 1997 and logged into effect on 1 January 1998, the provisions of Chapter 13, have been expanded. For the first time in the Criminal Code was included Art. 310 "illegal participation in entrepreneurial activities." How pointed Chairman of the Constitutional Council of the Republic of Kazakhstan I.I. Rogov, anti-corruption focus of this provision was clear, and the feasibility of its introduction is not in doubt*. The current Penal Code was adopted 3 July 2014 and entered into legal force on 1 January 2015. It provides a Chapter 15, entitled "Corruption and other criminal offenses against the interests of public s __________________ *См.: Уголовный кодекс Республики Казахстан – общая характеристика (в сравнении с УК Казахской ССР). Практическое пособие. – Алматы: Баспа, 1997. – с.29. ervice and public administration". For the first time in the history of Kazakhstan in the sphere of trafficking in the criminal law was included the term "corruption" and its derivatives. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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