Авторы

  • Шакхризода Абдумажитова
    university of World economy and diplomacy

DOI:

https://doi.org/10.71337/inlibrary.uz.jmsi.111624

Аннотация

Corruption is a persistent problem, especially in the developing world, posing significant obstacles to national development. This paper provides an overview of corruption, its causes, and strategies to address it. Stakeholders, including academics, development practitioners, international and UN agencies, as well as governments, must recognize the urgency of collaboration to combat corruption. This is an opinion paper based on desktop research. In this article, proposals and scientific conclusions were made based on the experience of other countries on the issues of responsibility for crimes related to corruption.


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EXPANDING THE INTERNATIONAL STANDARDS OF ANTI-CORRUPTION IN

NATIONAL LEGISLATION

Abdumajitova Shaxrizoda Shuxrat kizi

PhD doctorant of university of

World economy and diplomacy

e-mail:

shshukhratovna007@gmail.com

Annotation:

Corruption is a persistent problem, especially in the developing world, posing

significant obstacles to national development. This paper provides an overview of corruption, its

causes, and strategies to address it. Stakeholders, including academics, development practitioners,

international and UN agencies, as well as governments, must recognize the urgency of

collaboration to combat corruption. This is an opinion paper based on desktop research. In this

article, proposals and scientific conclusions were made based on the experience of other

countries on the issues of responsibility for crimes related to corruption.

Keywords:

corruption, anti-corruption, Transparency International, United Nations, anti-

corruption policies, property declarations, Politics and Government, specialized anti-corruption

institutions, whistleblower protection, career crimes.

РАСШИРЕНИЕ МЕЖДУНАРОДНЫХ СТАНДАРТОВ ПРОТИВОДЕЙСТВИЯ

КОРРУПЦИИ В НАЦИОНАЛЬНОМ ЗАКОНОДАТЕЛЬСТВЕ
Абдумажитова Шахризода Шухрат қизи

Докторант университета Мировой экономики и дипломатии
В данной статье анализируется понятие коррупции и противодействия коррупции,

коррупционные преступления, вопросы ответственности за них, опыт борьбы с

коррупцией в развитых странах. В частности, из зарубежных стран были изучены,

проанализированы законодательные акты Финляндии, Японии, Великобритании, США,

Китая, Новой Зеландии, Германии и ряда других стран, касающиеся именно коррупции и

борьбы с ней. В данной статье даны предложения и научные выводы, основанные на

опыте других государств по вопросам ответственности за преступления, связанные с

коррупцией.

Introduction

Corruption refers to dishonest or unethical behavior involving the misuse of power or authority

for personal gain. It can occur in various forms and in different sectors, such as politics, business,

government, and even social interactions. Corruption typically involves bribery, fraud,

embezzlement, nepotism, or other illicit practices that undermine the integrity, fairness, and

efficiency of institutions and processes. Corruption crimes not only undermine the reputation of

government officials before society, but also pose a serious problem in the effective

establishment of domestic and foreign political, economic and social relations. The broad

interpretation of problems associated with corruption and the fact that despite the strengthening

of anti-corruption measures in the activities of law enforcement agencies, the uprooting of this


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crime leads to a more thorough analysis of its essence and a wider study of the reasons for its

emergence. After all, in overcoming the "disease of corruption", the administrative measures

introduced in our country today are not enough. Attempts to prevent bribery should be

thoroughly developed in every possible way, including the level of development of civil

institutions that exercise control over the national mentality, political culture, executive

authorities of the population. Scientific analysis of the corruption phenomenon suggests that the

crime of bribery is a very comprehensive concept, and even the etymology of the word

corruption has different meanings and connotations in English literature and other peoples'

literature from a historical point of view

1

[1, B.129]. The Oxford English Dictionary gives 9

meanings to the concept of corruption, only one of them can be applied in a political context:

corruption through bribery or other forms of interpretation, whether or not to carry out public

duties in the state, using or participating in corruption practices in corporations and other

agencies

2

[2, B.974]. And in the Explanatory Dictionary of the Uzbek language, the use of the

rights and authority of officials entrusted to them in order to gain personal wealth

3

.

Corruption can be influenced by a range of factors, including systemic issues, weak governance

structures, cultural norms, and socioeconomic conditions. It is crucial to consider these broader

factors when discussing corruption and to avoid generalizing all individuals as being driven

solely by greed or selfishness. Defining corruption requires a comprehensive understanding of

the various forms it can take, and the underlying motivations and dynamics involved. It involves

examining the abuse of power, the betrayal of public trust, and the misuse of resources for

personal gain. By understanding corruption in its full complexity, societies can develop targeted

strategies to prevent, detect, and address corrupt practices effectively.
DISCUSSION AND RESULTS
The law of the Republic of Uzbekistan "on Combating Corruption", adopted on November 24,

2016, explains that corruption is the unlawful use of a person's position of career or service in

order to obtain material or intangible hatred in the interests of other persons, as well as the illegal

provision of such hate. The changing definition given to the term corruption is due to the use of

this concept in various meanings in social life over time.
Since the phenomenon of corruption is a comprehensive concept, today there are different

approaches to the study of this problem: sociological approach, legal (criminological) approach,

economic, political approach and moral cultural approach. One of these is the sociological

approach, in which attempts to study corruption have caused the emergence of various

methodologies in explaining the corruption case. Sources cite that, from a sociological point of

view, corruption is a dysfunctional phenomenon that takes place on the basis of its rational

choice of participle, which is formed in interactive relationships that encompass elementality in

mutual allogeneity, such as its sub-parties, corruption sobs, the purpose and methods of its

implementation from corruption, forms of corruption and its objects (E.Giddenson, Yu. Habernas,

Dj, Mid, G.Blumer, N. Luman, T. Parsons, R. Merton, N. Smelzer, Dj. Khomans, P. Blau, A.

Daune, G. Becker, Dj. Coleman, M. Olson). It is important in this regard to instill in the

population that bribery is an illusion that pushes the progress of society and prevents the

establishment of moral relations between people of a positive nature, in order to prevent

1

Friedrich Carl J. the Pathology of Politics: Violence, Betrayal Corrruption, Secrecy and propaganda. New York:

Harper&Law, 1992.

2

Волженкин Б.В. Коррупция: серия - Современные стандарты в уголовном праве и уголовном процессе. –

СПб., 1998.

3

Мишин Г.К. О теоретической разработке проблемы коррупции / Под ред. В.В. Лунеева // Коррупция:

политические, экономические, организационные и правовые проблемы. М.: Юрист, 2001. July 2021.


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corruption from generating mutual distrust and satisfaction in social relations. Within the

framework of political science, the emphasis on corruption began to arise in the 60s of the 20th

century. The legal description of the concept of corruption uses its service powers with

selfishness, which is considered a dangerous illegal phenomenon, represented by the bribery and

repair of officials. In this, corruption not only has a criminal character, but it also becomes a

complex phenomenon that embodies administrative legal, civil and disciplinary characteristics.

In particular, an overview of the activities of the legal order in the fight against corruption, the

problems related to its occurrence and development, as well as the analysis of the legal

mechanisms of the fight against corruption N.G.Alexandrova, S.S.Alexeyeva, L.I.Antonovoy,

B.C.Afanaseva,

V.V,

Borodina,

G.A.Gadzhieva,

Yu.I.Grevsova,

D.A.Kerimova,

S.F.Kechekyana,

A.I.Koroleva,

M.M.Kuritsina,

D.I.Lukovskoy,

L.A.Nikolayevoy,

M.N.Marchenko, L.F.Pokrovskogo, V.P.Salnikova, L.I.Spiridonova, G. Nurmuhammedova,

B.Israilov, R.We can find it in the scientific works of such scientists as Obidov. According to

well-known Russian scientist G.N.Borzenkova, corruption should be understood as the

fragmentation of the governing apparatus that arises on the basis that officials use their official

powers for selfish purposes

4

[10, B.30]. A broader interpretation of such an approach is given by

definition given by Kushnirenko, we can see: "corruption is a social legal phenomenon that

represents the regular use of state officials to financially stimulate them in the interests of a third

person or group, as a result of which the image of the state government and public services

decreases. In this, officials use their service powers directly or indirectly"

5

[ll]. So, as a result of

corruption, the authority of the state government is lost, and the state governing apparatus can

become parochial. And the Prevention of such a situation requires the development of

comprehensive measures to reduce bribery by individual organizations and state bodies. In our

opinion, the issue of establishing an anti-corruption policy puts before the state governing bodies

a very complex important task, such as acting on a carefully developed plan. It is impossible to

root out the phenomenon of corruption from the life of society, only preventive measures can be

used against this vices. In the opinion of G.Nurmuhammedova, it is important to clarify the goal

of the struggle in the fight against corruption. General (general purpose) and specific situation in

determining the purpose of the fight against corruption can be classified into a based (within a

certain period of time) purpose

6

[13]. Accordingly, measures to combat corruption based on the

specific situation in the Republic of Uzbekistan were adopted by the president of the Republic of

Uzbekistan Sh.M.Mirziyoyev's full-fledged reflection in the decree of February 7, 2017" on the

strategy of action on the five priority areas of development of the Republic of Uzbekistan in

2017-2021" PF-4947

7

[ 14). It should be noted that since 2010 Uzbekistan has been participating

in the Istanbul action plan to combat corruption of the Organization for Economic Cooperation

and development. On March 21, 2019, the fourth stage of monitoring the Istanbul action plan for

combating corruption of the Organization for Economic Cooperation and development was held

in Paris, according to which international experts noted that Uzbekistan has made progress on all

4

Борзенков Г.Н. Уголовно, правовые меры борьбы с коррупцией. // Вестник Московского университета.

Серия 11. Право. 1993. № 1.

5

Кушниренко С.П. Понятие и основы профилактики коррупции // Противодействие коррупции на

муниципальном уровне: сборник М.: Волтерс Клувер, 2008. – С. 3-30.

6

Нурмуҳаммедова Г.Б. Коррупция билан боғлиқ жиноятлар профилактикаси механизмларини

такомиллаштириш: усуллари ва йўналишлари // Юрист ахборотномаси Вестник юриста - Lawyer herald. № 1

(2021), Б. 189-201.

7

https://lex.uz/docs/3107036


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previous recommendations of this organization. "Roadmap" was approved on 31.07.2019 in

order to comply with the 47 recommendations issued on the results of this monitoring

8

[19].

According to Transparency International, “We define corruption as the abuse of entrusted power

for private gain. Corruption erodes trust, weakens democracy, hampers economic development,

and further exacerbates inequality, poverty, social division, and the environmental crisis.

Exposing corruption and holding the corrupt to account can only happen if we understand the

way corruption works and the systems that enable it” (Transparency International, 2022a).

Corruption is the abuse of public office for private gain. Corruption involves the misuse or abuse

of public office or entrusted power for personal or private gain. It occurs when individuals in

positions of authority or public service prioritize their own interests or the interests of a select

few over the welfare of the general public. Corruption often occurs within the context of public

service, where individuals are expected to act in the best interests of the people they serve.

Instead, corrupt individuals exploit their positions for personal enrichment, whether through

bribery, embezzlement, fraud, nepotism, or other illicit means. By doing so, they undermine the

principles of fairness, accountability, and the proper functioning of public institutions.
CONCLUSIONS AND SUGGESTIONS
In conclusion, in order to achieve an effective result in combating corruption from today, the

following are among the issues that must be addressed:
1.

Uzbekistan does not have a single law that is still in legal force in the field of Public

Service;

2.

In the case where conflict of interest prevention regulations are included in the

legislation, the correct application of their requires further regulation, including the need to

expand liability measures that should not be limited to disciplinary sanctions;

3.

Other anti-corruption tools need to be improved. For example, it is recommended to

ensure control over the effective application of rules of conduct;

4.

The law enforcement officer code of conduct, adopted by the Republic of Uzbekistan

with resolution 34/169 at the 106th plenary session of the UN General Assembly on December

17, 1979, and the UN Economic and social Council resolution adopted on 24 May 1989 It is

recommended to ratify the guiding principles for the effective implementation of the code of

conduct of officials in maintaining legal order.
In doing so, all law enforcement officers are selected and the governments, also, effective

exchange of experience at regional and interregional levels if great importance is attached to

education and training, adequate wages and appropriate working conditions are provided for

them, effective mechanisms for ensuring internal discipline and external control are created,

specific rules are developed based on the above-mentioned mechanisms for accepting and

considering complaints from members of society against them, and the presence of such rules

will limit corruption to a certain extent;
5.

The norms on the declaration of assets and property interests of civil servants are not

complete;

6.

In the judicial system, a hierarchy remains, the presidents of the courts, the judges are

over-influenced by political bodies and the prosecutor's office, there is still no real urgency of the

judges;

7.

In Uzbekistan, it is necessary to develop administrative justice, create a system of legal

assistance to the population, strengthen the institution of the Ombudsman, reduce or maximize

the control powers of prosecutors. In addition, it is necessary to exclude non-specific functions

8

https://lex.uz/docs/1449106;


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from the powers of the prosecutor's office, transfer the relevant powers to the executive

authorities;

8.

The public procurement sector remains an area of high risk of corruption. Therefore, it is

necessary to revise a new system of organization and regulation of Public Procurement;

9.

Efforts to introduce and further expand electronic means, to use modern technologies in

the provision of services and information to the population have a positive anti-corruption effect;

10.

Anti-corruption halgaro standards should be implemented in the Criminal Code of the

Republic of Uzbekistan, the code of Criminal Procedure and other legislation.
In addition to these, the regulation of legal relations in the field of combating corruption in our

country today, improving the effectiveness of measures in this area, eliminating this vices at the

root, further development of interagency cooperation in resolving an uncompromising attitude

towards corruption in society, modern information and communication technologies, including

video surveillance systems, electronic accounting and Exchange, the widespread introduction of

interdepartmental data bases is important.
Corruption has been a problem in societies for centuries. It is defined as the abuse of power for

private gain. This can take many forms, such as bribery, extortion, nepotism, and cronyism.

Corruption can have a devastating impact on societies, leading to economic decline, social unrest,

and political instability. There are a number of ways to measure corruption. One common

approach is to use surveys of businesses and citizens to assess their perceptions of corruption.

Another approach is to track the number of corruption convictions or investigations. There are

also a number of quantitative indices that attempt to measure corruption, such as the Corruption

Perceptions Index (CPI) published by Transparency International. In conclusion, corruption is a

chronic disease that poses a significant challenge, especially in the developing world, hindering

national development and undermining trust in institutions. Resolving and minimizing corruption

requires a collective effort from all stakeholders involved. Academicians, development

practitioners, international development agencies, UN agencies, and governments must recognize

the gravity of the issue and work collaboratively to address it. It is essential to acknowledge that

corruption cannot be eradicated overnight. It demands a long-term commitment and a

comprehensive approach that encompasses legal, institutional, and societal changes. By

strengthening legal frameworks, promoting transparency and accountability, enhancing integrity

in public service, encouraging citizen engagement, and addressing socio-economic factors,

progress can be made in combating corruption. Furthermore, international cooperation and

support play a vital role in the fight against corruption. Collaboration between countries, sharing

best practices, providing technical assistance, and offering financial resources can help

developing nations strengthen their anti-corruption efforts. Ultimately, the minimization of

corruption requires a cultural shift, promoting a collective rejection of corrupt practices and

fostering a culture of integrity, transparency, and ethics. It is only through the concerted efforts

of all concerned stakeholders that corruption can be minimized, allowing for sustainable

development, social justice, and improved quality of life for people in the developing world.

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Valijonov D. Teoreticheskii analiz mejdunarodno-pravovykh osnov sotrudnichestva organov prokuratury po borbe s prestupnostyu //Yurist objektivnomasi. - 2021. - T. 2. – no. 1. – S. 238-248.

Valijonov, D. (2020). Issues of international cooperation of the prosecutors' office of the Republic of Uzbekistan in the framework of interaction with international organizations. Review of legal sciences, 4(1), 12.

Sulaymanov O. International standards of disciplinary responsibility of judges and national legislation in Uzbekistan // Obshchestvo and innovation. - 2020. - T. 1. – no. 1. – S. 219-225.

Rakhimov, F. Kh, and D. D. Valijonov. "Some Issues of Improvement of the International Cooperation of Prosecutors Office of the Republic of Uzbekistan Under Digital Globalization." 2nd International Scientific and Practical Conference "Modern Management Trends and the Digital Economy: from Regional Development to Global Economic Growth" (MTDE 2020). Atlantis Press, 2020.

Shcherba S. P., Chetvertakova E. Yu. Sotrudnichestvo generalnykh prokuratur gosudarstv-uchastnikov CIS v borbe s corruptionsiey: opyt i problemy // Vestnik Akademii Generalnoy prokuratury Rossiyskoy Federatsii. – 2014. – no. 2. - S. 93-98.

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Bhandari, Medani P. (2020), Getting the Climate Science Facts Right: The Role of the IPCC (Forthcoming), River Publishers, Denmark / the NetherlandsISBN: 9788770221863 e-ISBN: 9788770221856

Zimelis, A. (2020), Corruption research: A need for an integrated approach. International Area Studies Review, 23(3), 288–306. https://doi.org/10.1177/2233865920926778.

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Nurmuhammedova G.B. Improvement of mechanisms of prevention of crimes related to corruption: methods and directions // Legal newsletter Vestnik yurista - Lawyer herald. No. 1 (2021), B. 189-201.

Friedrich Carl J. the Pathology of Politics: Violence, Betrayal Corruption, Secrecy and propaganda. New York: Harper&Law, 1992.