PREVENTION OF CORRUPTION CRIMES BY THE CRIMINAL LEGAL MEANS (RESULTS OF APPLIED RESEARCH)

This article discusses the possibilities of using the mechanism of criminal legal influence in the management of the system of prevention of corruption crimes. The author highlights the problems of criminal law and criminological nature, such as: improving the anti-corruption system, compliance with anti-corruption legislation, the effectiveness of criminal legal means of preventing corruption crimes, problems of law enforcement practice in corruption cases, countering the investigation of corruption cases by various, including authorized entities. The author conducted an applied study using the survey method in the form of a survey of Russian citizens from different regions: the Komi Republic, Tatarstan, Vladimir and Nizhny Novgorod regions. Several groups of respondents were interviewed: those convicted of corruption crimes, judges, and preliminary investigation officers (more than 400 people in total). Interviewed judges and employees of the preliminary investigation pointed to various types of counteraction to investigation of corruption cases, described the criminal remedies of the prevention of corruption crimes, the use of different types of punishment, assessed the institution of the criminal liability in regard to the subjects of corrupt transactions: corrupter, mediator, corrupt. The interviewed convicts expressed their opinion on the issue of determining the amount of damage caused by the act by the court and their intention to compensate for the damage. The author comes, in particular, to conclusions about the need, role and purpose of criminal legal means in the mechanism of combating corruption, including the institution of exemption from criminal liability. The results of the applied research revealed the cases of non-compliance with the principles of justice in cases of corruption crimes. The modern trend of judicial practice of law enforcement is noted, which consists in the fact that the fine appears as one of the alternatives to the punishment of imprisonment, and is characterized by a low preventive potential. The author points to the special importance of scientific (criminological) support of the system of combating corruption crimes, the creation of special divisions at the Federal and regional levels in the Executive authorities, the introduction of a specialist criminologist in their staff, which will increase the effectiveness of anti-corruption prevention.

corruption, anti-corruption, corruption crimes, prevention of corruption crimes, criminal legal means, subjects of a corruption transaction, corrupter, corrupt official, intermediary, criminal liability, effectiveness of prevention, prevention.

Kulakova M. N. Prevention of corruption crimes by the criminal legal means (results of applied research). Business. Education. Law, 2020, no. 1, pp. 342–348. DOI: 10.25683/VOLBI.2020.50.172.