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Some problems of determination of corruption: teoretiko-pravovoy analysis. Журнал "Заң" № 3, 2018 ж.

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Some problems of determination of corruption: teoretiko-pravovoy analysis

Sartayev S.A.
The Kazakh national university of al-Farabi,
city of Almaty, Kazakhstan
Kalshabayeva M. Zh.
Kazakh national agricultural university,
city of Almaty, Kazakhstan
Keywords: corruption, fight against corruption, measures for the prevention of corruption, corruption reason. 
Abstract: In article the teoretiko-legal analysis of a concept and the reasons of corruption is carried out. Author’s vision and recommendations about the researched subject is offered. 
Corruption is one of the very serious negative social phenomena. According to the international organization such as Transparency International Corruption Perception Index’s ranking, Kazakhstan ranked at 122rd place in 2017 131rd place in 2016, 123rd place in 2015, 140th place in 2013, 105th in 2010, 120th in 2009, 145th in 2008, and 122nd place in 2004. And updated in 2014, this figure climbed to 126th place in the ranking 100-26. According to the Global Competitiveness Index for 2014-2015, corruption is a priority of doing business in Kazakhstan (16.7 points), the situation has worsened in terms of informal payments and bribery (ranked 80th place among 144 countries in 2014, 65th in 2013) [1]. According to these data, the level of corruption in our country at the same level with countries such as Guatemala, Some problems of determination of corruption: teoretiko-pravovoy analysis Laos, Zambia, Nicaragua and Paraguay. 
International organization Transparency International Corruption Perception Index – an expert from the sources described as an indicator calculated on the basis of the information and statistical data. Data covers many countries and territories and based on data covering the last two years. Index of countries and territories on the basis of the level of corruption in the state sector ranked from 0 (the lowest level) to 100 (the highest level) scale. The final rating consists of the country and the number of ranking points, the number of sources of indicators for each country, the standard deviation of the differences between the values of the confidence interval is given for each country. On the accuracy of the results of the index, it is certain to draw a conclusion. 
The scientific community give importance a lot to the notion of “corruption”, every scientist analyze it on their own. 
Now, the negative impact to the development of the state, to the Republic of Kazakhstan of this social deficiency, officially recognized. “The Law on national security of the Republic of Kazakhstan” approved on January 6, 2012, №527-IV [2] mentions that corruption is a threat to national security and refers to “agencies of the criminal structures that would reduce the level of protection of national interests”. The anti-corruption branch Program of the Republic of Kazakhstan for 2011-2015 yy. states that “corruption threatens the stability of the state and society, and the image of the Republic of Kazakhstan in the international arena (the image) with a negative impede on the ongoing economic and social reforms face systemic threat to the security of Kazakhstan” [3]. 
“Corruption” do not have any common definition or concept. Even, insofar as there is no clear definition of corruption in many countries, there is no rules and regulations. This problem is discussed differently by domestic and foreign professionals, it is known from their major scientific theories and views. Kazakhstani lawyers states that ‘corruption’ is contrary to the requirements of the law and defines it as the offense in the form of a menace to society. According to the law of the Republic of Kazakhstan “On Combating Corruption” [4], corruption is when people performing the tasks of the state, as well as persons equated to them with the use of official powers and related opportunities or property to benefit from their use of jobs, personally or through intermediaries of extralegal property to the benefits and privileges, as well as individuals and legal entities of the benefits and advantages it illegal to buy them by tampering. 
An interdisciplinary group of the Council of Europe on corruption, states that “corruption in the public or private sector, is entrusted with performing certain tasks, state officials and private employees, which leads to the destruction of the tasks assigned to the status of an independent agent, as a goal in itself for any illegal benefits bribery behavior. 
The concept of corruption according to the rules of the United Nations Secretariat includes: 
1) officials of state property theft or acquisition; 
2) as a result of the unofficial status of the cases, the user of abuse of official position for personal profit; 
3) covers the concepts such as the differences between public debt and private interests. 
On the fight against corruption in the United Nations International Reference document mentioned that “corruption of public power is for personal purposes and for personal gain abuses”. 
In turn, the political elite of Western lawyers argues that corruption is a deviant behavior, and a violation of moral and ethical standards. 
American political scientist Joseph S. Nai states that corruption takes place “under the influence of individual, material or status purposes or effect of deviations from official duties prohibited certain rules of behavior that violates” [5, p.12]. 
Russian lawyer S.V.Maximov argues that the term used as “state, municipal or other public employees to their illegal status, privileges to any (property, rights, services or discounts, including non-property benefits) or the recent abuse of such privileges to” [6, p.8] 
Management of corruption should be considered, first of all, by the history of corruption. This social deficiency or disease can be seen, regardless of the regime of all countries and civilizations. 
And now we should consider the causes of these emerging social problems in society. The researchers think that some of the causes of corruption is connected with the psychological behavior of an individual, such as: selfishness, greed, sexual remain without restrain, limiting the terms of the low ethical standards are rolled out. However, in our opinion it is hard to treat the disease because it is more complex and comprehensive, which is reflected in the moral and ethical institutional nature. 
The main causes of corruption, political instability in the country, the actions of the authorities, inefficient, imperfect legislation, economic depression, low legal awareness of the population, civil society inaction and lack of long-entrenched democratic traditions in society, not the order of application of the law is the weakness of the judicial system. 
Anti-corruption approach to regulatory measures to ensure that illegal is one of the requirements necessary to effectively fight the phenomenon. Currently, there are lots of international anti-corruption acts, rules and regulations. For example: 29.06.1996 yy. the proposal of the Group of 32 senior experts on transnational organized crime in Lyon, it was approved by political groups of 8 countries; Code of conduct of public officials (12.12.1996, the resolution 51/59 of the UN General Assembly); The international operations of the UN Declaration on the fight against corruption and bribery crimes; UN General Assembly “fight against corruption” resolution (28.01.1997) ; 21.11.1997 Economic Cooperation and Development (OECD) international commercial transactions in foreign Convention on Combating Bribery of public officials; the Convention on the criminal and civil responsibility adopted by the Council of Europe (1999); Anti-corruption measures, resolution 54/128 of The UN General Assembly in 28.01.2000; The United Nations Convention against transnational organized crime; The UN Anti-Corruption Convention (31.10.2003). 
Despite the severity of the fight against corruption, this is one of the most important social combat with negative phenomenon. Each country has different level of corruption, so the fight against the direction of control policy will be the right choice. Lately, corruption issues and ways to combat are not only on the focus of theorists, as well as the practitioners have been paying a lot of attention to these issues. The fight against corruption requires complex efforts, which includes a variety of measures. 
There are wide range of anticorruption measures, regulatory framework in Republic of Kazakhstan. In the process of national reform and improvement of the legal system in this area in 2014, the President’s speech to the people of Kazakhstan “Shining Path to the Future” should be noted. During the implementation of the directions of the President’s speech on November 11, 2014 in order to prevent corruption, the “Nur Otan” party at the enlarged meeting of the Political Council adopted “Anti-Corruption Program Action for 2015-2025” [7]. The purpose of the program is to create an atmosphere of intolerance in the name of any manifestation of corruption in the whole society which leads to the anti-corruption movement. 
It is appropriate to mention that the anti-corruption fight with this negative phenomenon in the country, taken to improve legal mechanisms for programs, only effective if it is implemented by goals and directions.  
1. Reiting stran mira po urovnyu vosprijatija korrupcii // http://gtmarket.ru/ratings/ corruption-perceptions-index/info 
2. «Kazakstan Respublikasynyn ulttyk kauipsizdigi turaly» Kazakstan Respublikasynyn 2012 zhylgy 6 kantardagy № 527-ІV Zany (2016.06.04. Berіlgen ozgerіster men tolyktyrularmen)// http:// online.zakon.kz/Document/?Do 
3. Kazakstan Respublikasyndagy sybailas zhemkorlykka karsy іs-kimyl zhonіndegі 2011 - 2015 zhyldarga arnalgan salalyk bagdarlama//http://adilet.zan.k 
4. «Sybajlas zhemkorlykka karsy іs-kimyl turaly» Kazakstan Respublikasynyn 2015 zhylgy 18 karashadagy № 410-V Zany (2016.06.04. Berіlgen ozgerіster men tolyktyrularmen)// http://online. zakon.kz/Document/?D 
5. Nye J. Corruption and political development: a cost-benefit analysis // American Political Science. 1967. № 12 (61). P.417. Cit. po: Mishin G.K. Korrupcija: ponjatie, sushhnost’, mery ogranichenija. M., 1991. – 256 s. 
6. S.V. Maksimov Korrupcija. Zakon. Otvetstvennost’. 2-e izd., pererab., i dopoln. – M.,: ZAO Jurinfor, 2008. - 255 s. 
7. 2015-2025 zhyldarga arnalgan sybajlas zhemkorlykka karsy іs-kimyl bagdarlamasy// http:// nurotan.kz/kz/2015-2025-zhyldarga-arnalgan-sybaylas-zhemk