Questions for self-control:
1. What period of statehood are the first written mention of the corruption?
2. What is the origin of the modern term "corruption"?
3. Can I include the concept of "corruption" to the category only criminal law concepts?
4. What is the socio-economic risk of corruption?
5. What are the areas of life and activity of the state, people may be subjected to the negative effects of corruption?
6. What are the most damaging effects of corruption?
Recommended reading:
1. Темербеков А.А. Преступность в социальном контексте глобализации: Теоретико-криминологи- ческое исследование. - Алматы: Қазақ универси-теті. - 2005.
2. Основы противодействия коррупции: Учеб- ное пособие // Под ред. И.И. Рогова, К.А. Мами, С.Ф. Бычковой. - Алматы: ОФ «Транспаренси Казахстан», ОФППИ «Интерлигал» в Казахстане.- 2004.
3. Агыбаев А.Н. Коррупция – общественно- опасное социальное явление // Национальная сис- тема уголовного и уголовно-процессуального права: теория и практика 10-летия: Материалы Международной научно-практической конферен-
ции 30 ноября 2007 года. – Алматы: КазНПУ имени Абая, 2007. – с.132-136.
4. Черняков А.А. Коррупция и ее юридические признаки // Борьба с организованной преступнос-
тью и коррупцией: Материалы международной конференции. – Алматы: Алматинская высшая следственная школа ГСК Республики Казахстан.- 1996. – С. 141-150.
Theme 3.
Anti-corruption policy of the state
Plan
1. The general concept of the anti-corruption policy of the state
2. The fight against corruption in the Republic of Kazakhstan as part of the national policy
3. International Activities of the Republic of Kazakhstan in the field of fight against corruption
1. The general concept of the anti-corruption
State policy
At all times of the state, whose economic interests were exposed to the destructive influence of corruption, led the fight against corruption. Since the fighting did not stop her, heads of state sought to give this fight systemic, develop and implement such techniques and methods that were aimed at getting the long-term effect. Thus, the struggle against corruption assumes the character of an essential element of national policy.
Anti-corruption policy, as well as corruption, - the notion of a collective. This policy covers a rather large range of areas of life and activities of the state and its people. Anti-corruption policy is aimed at creating appropriate conditions for the core functions in the areas of economy and finance, socially useful activities, international relations, culture and sports, health, science and education, etc.
Anti-corruption efforts and anti-corruption policies can not be the result of commutative if it carried out only and exclusively by legal means, methods, techniques and methods. To form an effective anti-corruption policy need to know what are the circumstances that contribute to corruption offenses, what are the objective conditions which involve corruption offenses, what exactly is the negative impact of corruption in each individual towards life and work of the state, what is the extent of the defeat of corruption specifically combined cost relevant activities of the country, etc.
To develop efficient measures anti-corruption action is necessary to study the anti-corruption activities in foreign countries. On the basis of a comparative analysis of possible selective approach towards regularizing the positive international experience of combating corruption. In this blind imitation of foreign models should not take place. What is possible to achieve a high effect in one country may be useless in another country.
The causes of this condition are:
- For each country, characterized particularly in the economic and financial spheres (for example, some countries base their economy on the agricultural sector, while others - the mining industry, and others - engineering, the fourth - tourism, etc.);
- The peoples inhabiting different countries, its
history, culture, national traditions and customs, explaining the origin of the phenomena that may be relevant to the modern understanding of the content of corruption;
- Corruption has the property of mimicry, ie a high degree of adaptability to any political-legal, socio-economic, cultural and historical circumstances and their changes. This means that almost any currently effective form of anti-corruption with the expiry of the time losing its relevance, because corrupt officials are seeking new ways to secrecy, obfuscation, cover their illegal activities;
- Corruption can wear a transnational nature and thus affect the economic and financial interests of different countries simultaneously. Ending corruption offense in one country does not necessarily mean getting the desired effect in another country, which has a different system of anti-corruption.
Anti-corruption policy is divided into levels:
1) Regional;
2) nationwide;
3) International.
First level - regional (from the Latin region - Region) - includes a some limited area, is local. For the local level may be referred to as the area (for example, in the Republic of Kazakhstan), and other administrative and territorial division adopted in the State (eg, the individual state in the US, taken separately Province in China, etc.).
The second level - nationwide - includes an all spheres of life and activity in all regions (states, lands, provinces, etc.) that are subject to the negative effects of corruption offenses.
The third level - international - covers a sphere of life and activity of the neighboring countries as well as countries that do not have common borders, but stick to the general principles of combating corruption.
Within this level, it is also common to perceive the so-called regional policy (from the Latin reginalis - belonging to a particular area, a group of countries), covering an anti-corruption measures, such as Europe, Asia, Eurasia, etc.
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