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Anti-Corruption Legislation of Russia: A Retrospective Analysis of the Formation of the Mechanism of Legal Effect

https://doi.org/10.17803/1729-5920.2020.158.1.059-069

Abstract

The paper investigates methodological, organizational and practical aspects of the legal effect on corruption during the period of formation and development of the national statehood. The novelty of the subject under consideration lies in the issue associated with: 1) the disclosure of the causes and conditions of corruption as a socially negative phenomenon at certain stages of the state and legal development; 2) identification of key directions of the legal policy in the field of anti-corruption predetermined by socio-economic and political transformations. In the course of achieving the goal of the study, the author has applied special legal methods of cognition contributing to the retrospective analysis of the legal regulation of legal liability for corruption-related offenses. As the result of the study, the paper shows the legal nature of corruption, its essential specificities and features as a socially negative phenomenon. The authors have identified peculiarities of anti-corruption measures undertaken during the period of the Russian statehood under review. Also, they have determined the tendencies in the legal regulation of corruption-related crimes and defined the features of the mechanism of the legal regulation of legal responsibility for corruption. The authors have expressed their opinion about the absence of categorical and legal assessment of the concept of corruption in the domestic legislation of the period under review that would predetermine recognition of measures having effect under criminal law as a strategic resource of counteracting corruption-related offenses. The paper draws conclusions about the factors inspiring the legislative regulation of corruption-related crimes and about the specifics of the implementation of punishment and other measures under criminal law.

About the Authors

O. A. Avdeeva
East Siberian Institute of the Ministry of Internal Affairs of Russia
Russian Federation
Olga A. Avdeeva, Dr. Sci. (Law), Professor of the Department of State and Legal Disciplines


V. A. Avdeev
Law Institute of Yugorsk State University
Russian Federation
Vadim A. Avdeev, Dr. Sci. (Law), Professor, Professor of the Department of Criminal Law and Criminal Procedure


References

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2. Avdeev VA, Avdeeva OA. Ugolovno-pravovaya politika rossiyskoy federatsii v sfere protivodeystviya prestupleniyam korruptsionnoy napravlennosti [Criminal-legal policy of the Russian Federation in the field of counteraction to corruption crimes]. Actual problems of counteraction to corruption crimes: Proceedings of the scientific-practical conference. Khabarovsk; 2013. (In Russ.)

3. Bukalerova LA, Kopylov MN. K voprosu o ponyatii «korruptsionnye prestupleniya»[To the question of the concept of “corruption crimes”]. Obshchestvo i pravo [Society and Law]. 2012;1:105—109. (In Russ.)

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5. Grib VG, Adamyan RE. Faktory, vliyayushchie na borbu s khishcheniyami i korruptsiey, i mery po ikh ustraneniyu [Factors influencing the fight against theft and corruption, and measures to eliminate them]. Rossiyskiy sledovatel [Russian Investigator]. 2015;13:24—29. (In Russ.)

6. Sergevnin VA. Harmonization of Russian corrections policy in the field of sentencing and the execution of punishment. Criminology Journal of Baikal National University of Economics and Law. 2015;9(1):78—93. (In Russ.)


Review

For citations:


Avdeeva O.A., Avdeev V.A. Anti-Corruption Legislation of Russia: A Retrospective Analysis of the Formation of the Mechanism of Legal Effect. Lex Russica. 2020;73(1):59-69. (In Russ.) https://doi.org/10.17803/1729-5920.2020.158.1.059-069

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)