On the Problem of the Definition of «Corruption»
Keywords:
corruption, definition, concept, characteristics
Abstract
The article is devoted to the study and clarification of the conceptual-categorical apparatus used in the study of corruption. We considered two main approaches to the formation of scientific concepts of corruption, in particular the doctrinal one that is based on the researches of scientists and specialists in a certain area, and the official (legal) one that is based on legal acts, international documents, etc. It is noted that a significant portion of the relevant international legal acts does not contain definitions of corruption, whereas corruption is defined, its understanding varies considerably. The lack of clearly established legal definitions of corruption, that is, the flexibility of legal rules is to reach a compromise between the requirements of legal certainty, on the one hand, and the needs of situational justice on the other hand. Summarizing the modern scientific literature, it can be concluded that understanding of corruption depends on the angle of view under which it is studied by specialists of various branches of science (control theory, Economics, sociology, legal studies). The study of sources in the legal literature shows two approaches (wide and narrow) to the definition of «corruption». The author substantiates understanding of corruption (in the narrow sense) through the category of «bribery» as one of its main features. Abuse of officials and other servants of the selfish nature, but bribery is not associated, therefore, cannot be considered as corruption. The same identification of acts of corruption officials, and officers offences predetermines the inadvisability of separating them as distinct categories. Conducted on the basis of the analysis of scientific and normative sources in the study of various approaches to the formulation of the concept of corruption, the author has suggested the definition of corruption as a social, systemic phenomenon that manifests itself in misuse by persons, who have managerial power or authority, their position, status, authority for personal or corporate interest, and has the effect of decomposition, degradation of power and social control.Downloads
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How to Cite
[1]
Trepak, V. 1. On the Problem of the Definition of «Corruption». Scientific Herald of the National Academy of Internal Affairs. 97, 4 (1), 181-194.
Issue
Section
Theoretical and practical aspects of legal science
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