The USA Journals Volume 03 Issue 04-2021
16
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article analyzes the foreign experience in the fight against corruption. The results of the fight
against corruption in those countries where the problems have been solved quite successfully are
considered, the role of international cooperation of law enforcement agencies and the efforts of
individual international organizations are emphasized.
KEYWORDS
Corruption; corruption crime; fight against corruption; international legal documents.
INTRODUCTION
It is important to note that among the most
acute social problems facing the modern
world, corruption takes a priority place.
Corruption is not only closely related to
organized and economic crime, as can be seen
from analytical documents, forecasts and
programs dedicated to the fight against
socially dangerous phenomena, but in general
Formation And Development Of A Legal Mechanism For
Combating Corruption: The Experience Of Foreign States
O.A.Yusupdjanov
Candidate Of Law, Associate Professor Of UWED, Department Of Theory Of Law And Public
Administration, The University Of World Economy And Diplomacy, Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 04-2021
17
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
has a negative impact on the fate of the state,
society, and every citizen.
The consequences of corruption harm the
state, reduce the level of citizen's trust in the
state authorities, and society itself is also
negatively affected, which, as a result,
contributes to an increase in the processes of
destabilization.
In recent years, our country has carried out
significant institutional and legal reforms in the
field of combating corruption. Systemic
measures have been taken to improve the legal
awareness and legal culture of the population,
and to form an intolerant attitude towards
corruption in society.
As part of the implementation of the reforms,
the mechanisms for ensuring the protection of
the rights and interests of citizens, the
openness of the activities of state power and
administration, public and parliamentary
control have been improved, as well as the
legal framework for the activities of law
enforcement and judicial bodies has been
reformed.
Corruption is an extremely dangerous
challenge that destroys the state from within
and damages our national security, an
uncompromising
fight
against
this
phenomenon is the duty of each of us [1].
As rightly noted in the Address of the President
of the Republic of Uzbekistan to the Oliy Majlis,
if we do not eradicate this vicious
phenomenon, we will not be able to create a
really favorable business and investment
climate, not a single sphere of our society will
develop.
Until all strata of the population, the best
specialists are involved in the fight against
corruption, until our entire society is,
figuratively speaking, inoculated with the
"vaccine of honesty", we will not be able to
achieve our goals. We must move from
eliminating the consequences of corruption to
its early prevention [2].
THE MAIN FINDINGS AND RESULTS
A historically significant stage in the reform of
the judicial and legal system was the adoption
of the Action Strategy in five priority areas of
development of the Republic of Uzbekistan in
2017-2021[3], which determined the most
important directions of state policy in the field
of improving criminal legislation, which implies
the implementation of a set of measures to
modernize public administration, including
reforming the judicial and legal systems,
ensuring social justice, in particular, improving
the organizational and legal mechanisms for
combating corruption and increasing the
effectiveness of anti-corruption measures.
The basic document that determined a number
of necessary measures in the field of
combating corruption was the Law of the
Republic of Uzbekistan "On combating
corruption", the purpose of which is to
regulate relations in the field of fighting
corruption.
It should be noted that the fight against
corruption is constantly in the focus of
attention of the leadership of our Republic. The
processes of combating corruption have
received even greater strengthening lately.
Particularly, in order to improve the efficiency
of the anti-corruption system, create the most
favorable business climate, promote a positive
image of the country in the international arena,
as well as in accordance with the tasks defined
in the Strategy, the Decree of the President of
The USA Journals Volume 03 Issue 04-2021
18
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
the Republic of Uzbekistan dated June 29, 2020
No. PF-6013 was signed "On additional
measures to improve the anti-corruption
system in the Republic of Uzbekistan". This
document provides for the formation of the
Anti-Corruption Agency of the Republic of
Uzbekistan. At the same time, this Agency is a
specially authorized part of the state, which is
responsible
for
the
formation
and
implementation of state policy in the field of
preventing and combating corruption in the
republic.
As we know, corruption is a serious obstacle to
the implementation of government programs
and creates a fertile ground for the growth of
crime. Among other things, corruption creates
public distrust to the state, it affects, corrodes
the judicial system and all legal institutions
from within.
This has a negative effect on the development
of the country, forms a "double standard" of
behavior and morality in society, when the
significance of a person and his success depend
on his financial situation, which is not always
achieved through legal means.
In the political sphere, corruption also plays a
negative role, which is expressed in the
displacement of the goals of politicians and the
destruction of political values. As a result, it
leads to the conduct of an unfair political
struggle and bribery of officials.
All of the above can ultimately lead not only to
negative consequences in all areas, but also
cause a response from society.
In Uzbekistan, as in other countries of the
world, this problem is extremely urgent and it
is obvious that the confident advancement of
most modern reforms directly depends on how
effectively the fight against corruption will be
carried out, therefore, the systematic
formation of anti-corruption mechanisms,
among which an important place use of legal
tools.
The study of the concept of "corruption", as
well as the creation, development of methods
of combating corruption was paid attention
throughout the history of the development of
social and humanitarian knowledge.
The concept of "corruption" is found in the
writings of Aristotle (in his work "Politics" he
singled out corruption as a factor capable of
leading the state to degeneration or even to
death [4]), N.Machiavelli (who in his work
"Sovereign" compared corruption with an
illness, which at first difficult to recognize, but
easy to treat, and later it is easy to recognize,
but almost impossible to treat), T. Hobbes
wrote in “Leviathan”: “People who pride
themselves on their wealth bravely commit
crimes in the hope that they will be able to
avoid punishment by corrupting the state
justice or receive forgiveness for money or
other forms of reward” [5].
In the scientific literature, most authors
consider corruption not as a legal phenomenon
that could be qualified by a specific rule of law
(criminal or administrative), but as a
criminological, socio-economic phenomenon
characterized by a multi-structural and multi-
level content [6]. This point of view is shared by
S.V.Maksimov, who refers to acts of
corruption:
bribery;
criminal
lobbying;
patronage based on personal connections;
illegal participation in entrepreneurial activity
personally or through relatives or proxies;
granting exclusive rights to something for
personal gain; the acquisition or diversion of
public funds and property for their corporate
group; direct or indirect contributions during
The USA Journals Volume 03 Issue 04-2021
19
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
election campaigns in favor of certain parties
or individuals, as well as for other political
purposes; illegal distribution of loans, grants
and investments[7].
A slightly different opinion is shared by
M.D.Davitadze, who believes that the main
crimes with signs of corruption should include:
bribery of an official; embezzlement -
misappropriation or other inappropriate use by
an official for the purpose of deriving benefit
for himself or another natural or legal person
of any state, public, private property that is
under the jurisdiction of this official by virtue of
his powers; abuse of influence for personal
gain; abuse of office; illicit enrichment - a
significant increase in the assets of an official in
excess of his legal income, which he can
reasonably justify; obstruction of justice - the
use of physical force, threats, intimidation,
promise, offer, provision of an unlawful
advantage in order to induce false testimony,
interference in the process of testifying or
providing evidence; laundering of corruption
proceeds [8].
Analyzing these opinions, one can find their
similarities and at the same time certain
differences. The authors are unanimous in their
opinion regarding the subjective side of crimes,
where the motive is selfish motives, and the
goal is to obtain benefits in an illegal way. The
difference of opinion lies in the definition of
which crimes should be classified as
corruption.
In connection with the above, it seems
appropriate to formulate the following
definition: Corruption crimes are an illegal act
committed by an official due to existing
powers, for selfish motives, with the aim of
personal enrichment, patronage, granting
rights to "illegal carriers" and (or) bribery of
other persons. These crimes include the
following types of crimes: bribery, abuse of
office, obstruction of justice, embezzlement of
state property and funds, granting exclusive
rights for personal gain and illegal enrichment.
Corruption has an extremely destructive effect
on the development of the nation and the
state, and also negatively affects economic and
socio-political processes. Therefore, each state
is focused on combating corruption, through
the development and implementation of the
legal framework, plans, as well as the creation
of preventive mechanisms.
Anti-corruption - the activities of public
authority, citizens' self-government bodies,
civil society institutions to prevent, identify
corruption offenses, and eliminate their
consequences.
In this context, the experience of the FRG is
useful. In this country, the regulatory
framework aimed attacking corruption is very
developed. The entire anti-corruption system
in Germany is based on the following
principles:
Safeguard
the
state
treasury
and
competition through a corruption register;
Create incentives for new business ethics;
Prohibit officials dismissed from service for
providing patronage from being involved
in entrepreneurship for 5 years;
Fill the gaps in laws;
Maintain
authorized
control
over
telephone conversations;
Regulate the position of the main witness
through mitigation of the sentence;
Improve
criminal
prosecution
by
establishing anti-corruption centers;
Ensure broad publicity of its activities;
The USA Journals Volume 03 Issue 04-2021
20
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
To strengthen control in order to prevent
self-enrichment and abuse of subjective
rights [9].
With the increasing sensitivity of the public to
the problem of corruption, which is largely
facilitated by the media, the number of
investigated corruption cases in Germany has
increased. In the field of public administration,
preventive
measures
were
taken:
recommendations were developed to combat
corruption in the sphere of legislative and
executive power.
The Recommendations were accompanied by a
"Guide to Action" intended for managers, since
the effectiveness of measures to influence and
prevent
corruption
primarily
depends,
according to German legislators, on the leaders
of the civil service [10].
In accordance with these documents, civil
servants do not have the right to engage in
entrepreneurial
activities
personally
or
through proxies, including to participate in the
activities of the board, supervisory board or
other div of a company, partnership or
enterprise of any other legal form [11].
For any work other than service, an employee
must obtain prior authorization from a higher
authority. Permission is not required for:
accepting guardianship, caring for the sick or
infirm, fulfilling testamentary duties, exercising
a "free" profession, managing one's own
property, teaching and research activities in
scientific institutions and establishment [12].
Among the measures aimed at combating
corruption, it should be noted the procedure
for the employment of persons who have left
high government posts. Within a specified
period, they must obtain government approval
to work in the private sector or to engage in
commercial activities, if they were involved.
Otherwise, their behavior may be viewed as
corrupt [13].
From the experience of fighting corruption in
Germany, it can be seen that officials are under
almost constant control and there is no period
for acquiring connections. In particular, the
bodies have authorized officials performing
anti-corruption
tasks,
interdepartmental
commissions are being created, a list of
positions prone to corruption has been
created, the procedure for the employment of
persons who have retired, as well as rotation
carried out every five years.
Partly for Uzbekistan, this way of fighting
corruption is appropriate. Indeed, until now,
before the creation of the above-mentioned
Agency, there was no organ whose activities
were aimed exclusively at combating this
phenomenon. It should be noted that until now
the implementation of such an anti-corruption
factor as the rotation of personnel is not really
ensured - there are often cases when a person
has been in office for more than 5 years. As for
employment, this provision can also be
introduced into our legislative system. And this
will reduce the level of corruption. Since there
are options, when a person who is to resign
thinks that it is necessary to establish contacts,
create "fertile soil" in that sector, because he
has been in it for several years, he knows
everyone and everything. And in the
aggregate, conditions are created for the
development of corruption crimes.
In this regard, the experience of Singapore in
overcoming corruption is of interest. At the
time of its independence in 1965, Singapore
was a country with a very high level of
corruption. In a relatively short historical
period, this state has gone from a poor country
The USA Journals Volume 03 Issue 04-2021
21
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
to a highly developed one with a high standard
of living and post-industrial sectors of the
economy. The corruption reduction strategy
was complex. A detailed regulation of the
activities of officials was carried out,
ambiguities in legislative acts were eliminated,
which allowed their free interpretation, many
permits and licensing were canceled, the
principle of the rule of law and equality of all
before the law was consistently and rigorously
observed, procedures for the activities of
authorities were simplified, strict control over
compliance with ethical standards was
established [14].
Simplifying the procedure for government
activities helped Singapore get rid of
bureaucracy, thereby reducing the level of
corruption.
The Singapore anti-corruption campaign
consisted of four elements. The first was the
creation of a powerful independent anti-
corruption service. The second element is the
introduction of the presumption of guilt of
officials. The third element is a radical increase
in the salaries of officials. The fourth element is
the formation of independent, objective mass
media covering all revealed facts of corruption.
An interesting aspect of "Prevention of
Corruption Act" of the Singapore is that the
prohibited category of "bribes" includes not
only money, gifts, royalties, securities, etc., but
also any position, work and contract; any
payment, release, repayment of a debt under
any loan, obligation and other debts in whole
and in part; any other services, preferences,
benefits of any kind, including protection from
any fine or insolvency, as well as exemption
from actions or disciplinary actions; indulgence
in the performance of any duty or right in the
framework of professional activity. Moreover,
this list also includes any offer, attempt or
promise of any reward [15].
Exposing and further application of sanctions,
demonstration, publication of information
about officials who have carried out illegal
corrupt acts can serve as a clear example of the
consequences of illegal actions by officials. And
also demonstrate the effectiveness of the
work of judicial and law enforcement agencies.
Likewise, the experience of fighting corruption
in Japan is based on the existence of anti-
corruption norms that are found in many
national laws.
A high level of government interference is one
of the prerequisites for the persistence of
corruption in Japan[16].
On this basis, as one of the methods of fighting
corruption, in 2001 "Information Disclosure
Law" came into force in Japan. This act
guarantees citizens the right to access official
information held by government agencies and
the ability to appeal to the Disclosure Control
Board if the government refuses to release it
[17].
In addition, there are the following ways to
combat corruption:
In Japan, there is control over the spending
of officials;
Sanctions for corruption affect both
parties to a corruption transaction, as well
as its intermediaries;
There is a prohibition for officials to get a
job in private companies after leaving the
public service.
It can be noted that the fight against
corruption in Japan is being conducted
successfully, but there are still ways to
circumvent the established prohibitions and
The USA Journals Volume 03 Issue 04-2021
22
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
restrictions. To a large extent, this is facilitated
by the mentality of the Japanese, their
adherence to centuries-old traditions that
establish relations between the population and
officials on the principle of family relations,
which do not allow "keep it in the family".
Unfortunately, such a negative phenomenon
as corruption has not spared our state either.
And in our country, such crimes are also often
committed by officials, executives who commit
one or another illegal act in order to receive
gifts, money or services in return.
In order to reduce latent corruption crime,
Uzbekistan is carrying out significant work to
improve the regulatory framework for state
control over the activities of business entities.
In particular, the powers of the regulatory
bodies and the list of grounds for their
interference in the activities of business
entities have been limited, the number of
inspections has been reduced, duplication of
control during their conduct has been
eliminated, the forms and methods of their
implementation have been improved, clearly
substantiated principles for the formation of
annual and quarterly plans for inspections of
the activities of business entities have been
introduced.In the personnel policy, rotation
norms are fixed, which, in addition to the tasks
of timely and high-quality staffing of state
bodies
with
personnel,
operational
maneuvering with available human resources,
is aimed at preventing corruption, malfeasance
and misconduct [18].
Illegal acts on the part of the authorities and
administration are punished by the Criminal
Code of the Republic of Uzbekistan, which has
a list of corpus delicti for which applied
punishment by the state. It should be noted
that the anti-corruption policy of Uzbekistan is
strengthened every year by making changes
and additions to regulations, joining the UN
Convention against Corruption (in 2008,
Uzbekistan joined this international document,
which determined a number of necessary
measures in the field of combating corruption
), as well as in 2010 - to the Istanbul Anti-
Corruption Action Plan of the Organization for
Economic Cooperation and Development. This
was an important stage in the implementation
of systemic mechanisms in the field of
combating corruption.
As already noted, corruption is one of the
factors hindering the development of the
state, which affects all spheres of social,
political and economic activity. The properties
of corruption are its rapid development and
rooting.
The fight against corruption remains in the
center of attention of our state. Historical
experience and modern practice, including in
some newly independent states, will allow us
to use their experience in improving the anti-
corruption legislation of the Republic of
Uzbekistan.
Therefore, Uzbekistan pays special attention
to foreign experience in the field of combating
corruption. It is advisable to consider
Singapore's experience of "immunity of
officials" in a stricter sense, and possibly to
make changes to our respective legislation.
Since the inviolability enjoyed by officials is
currently not functional, i.e. applies not only to
the actions performed by them in the
performance of their official duties. In this
regard, in order to avoid "evasion from
responsibility" of such persons, it is necessary,
in our opinion, to legislate the extension of
immunity only to actions performed by them
during the performance of their official duties.
The USA Journals Volume 03 Issue 04-2021
23
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
As mentioned above, corruption has a negative
impact on all spheres of society: economy,
social sphere, politics. The consequences
generated by this phenomenon not only
impede
the
progressive,
progressive
development of society, but also pose a serious
threat to the country's national security
interests.
At the same time, for example, in Singapore,
the main place in anti-corruption policy is the
prevention of corruption through the adoption
of measures of state incentives, both in
remuneration and in the reporting of public
officials on their property, staff rotation, as
well as in the severity of punishment for those
who commit corruption crimes. In addition,
prevention of corruption plays a special role in
Singapore.
It is well known that there are no universal
ways to combat corruption; each country must
choose its own model and system of anti-
corruption measures based on its internal
provisions and national characteristics. The use
of foreign experience in combating corruption
in our country cannot be carried out by copying
anti-corruption measures that were effective in
other countries. These measures will always
need to be adapted to the national model for
application in our country.
However, the successful experience of
creating and implementing foreign anti-
corruption strategies should be carefully
studied. In our opinion, taking into account
foreign experience will help our country reduce
the level of corruption in all sectors of activity.
Based on the foregoing, it is worth considering
the following ways of solving this "problem of
society":
Bringing national legislation in accordance
with international standards;
Improvement of the mechanism allowing
to ensure information transparency of the
decision-making process affecting the
interests of the whole society and the
state;
Introduction of a system of civil servants'
rotation (based on the experience of
Germany and Singapore);
Strengthening of comprehensive public
control over the activities of officials in the
civil service.
REFERENCES
1.
President
Shavkat
Mirziyoyev’s
Greeting Remark on the Constitution
Day.
7.12.2020.
available
at:
https://president.uz/en/lists/view/3990
.
2.
Text of President Shavkat Mirziyoyev’s
Address to the Oliy Majlis. 24.01.2020
available
at:
https://president.uz/en/lists/view/3324.
3.
Decree of the President of the Republic
of Uzbekistan “On the Strategy of
Action for the Further Development of
the Republic of Uzbekistan” dated
February 7, 2017, PF-4947
4.
Aristotel.
Politika,
available
at:
http://www.gumer.info/bibliotek_Buks
/polit/aristot/index.php
5.
Gobbs T. (1988), Leviathan, ili Materiya,
forma i vlast gosudarstva tserkovnogo
i grazhdanskogo / – M.: Mysl, 229p.
6.
Artemeva M.V. (2011), Corruption and
corruption crimes ["Korruptsiya i
korruptsionnye
prestupleniya"].
Journal “Yuridicheskaya nauka”, №1.
7.
Maksimov S.V. (2000), Corruption
["Korruptsiya"].
Zakonnaya
The USA Journals Volume 03 Issue 04-2021
24
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 11, 2021 |
Pages:
16-24
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-03
I
MPACT
F
ACTOR
2021:
5.
952
otvetstvennost: monografiya. М. pp.
43-44
8.
DavitadzeM.D.
(2000)
Corruption:
type,
causes
and
consequences
["Korruptsiya:
vid,
prichiny
I
posledstviya"] // ["Aktualnye problem
borby s korruptsiey I organizovannoy
prestupnostyu"]: sb.nauch.st/ pod red.
N. G. Kadnikova i M. M. Malykovtseva.
М., 56 p.
9.
Topical Problems of Anti-Corruption
Series: Problems of National Security
["Аktualnye
problemy
protivodeystviya korruptsii"] Seriya:
Problemy natsionalnoy bezopasnosti
(2008)
№6(351),
available
at:
http://www.budgetrf.ru/Publications/
Magazines/VestnikSF/2008/VSF_NEW2
00807061002/VSF_NEW200807061002
_p_007.htm
10.
MoiseevV.V., ProkuratovV.N. (2012),
Anti-corruption in modern Russia
["Protivodeystvie
korruptsii
v
sovremennoy Rossii"] / Monografiya. –
Orel:АPLIT. 335 p.
11.
Moiseev
V.
(2011),
European
experience in fighting corruption
["Yevropeyskiy
opyt
borby
s
korruptsiey"] // Chelovek i trud. № 10–
11.
12.
Moiseev
V.V.
(2014),
Fighting
corruption in Russia ["Borba s
korruptsiey v Rossii"]// Monografiya.
M.: Direkt-Media. 161 p.
13.
Ibid.
14.
Sirotin А. Treating Contagious Greed:
Fighting Corruption in Singapore
["Lechenie zaraznoy zhadnosti: Borba
s korruptsiey v Singapure"], Anti-
corruption information base of the
website
[Аntikorruptsionnaya
informatsionnaya baza sayta] «Suda
net»:available
at:
http://center.sudanet.ru/?tag=сингапу
р
15.
available
at:
http://www.finexg.ru/osobennosti-
zakonodatelstva-singapura/
16.
M. I. Аmar (2014), ["Mirovoy opyt
borby
s
korruptsiey:
Sbornik
materialov nauchnykh seminarov i
zasedaniy
diskussionnogo
kluba"]
(2011 – 2013) – M.,.137 p.
17.
This refers to the LawNo. 42 "On access
to
information
held
by
the
administrative authorities" of 1999,
See also the text of the Law:
SavintsevaM.I.
(2006),
World
experience in fighting corruption:
Collection of materials of scientific
seminars and sessions of the discussion
club ["Pravovye osnovy sovremennoy
zhurnalistiki
I
informatsionnogo
obshestva v Yaponii"]; available at:
http://www.japaneselaw.ru. – M., 195–
217 pp.
18.
Available
at:
http://parliament.gov.uz/ru/events/co
mmittee/3758
