Criminal law tools of combatting transnational corruptive criminality

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Abstract

One of the most serious problems in the field of combating crime is the fight against transnational corruption crime. This type of crime already (de facto and de jure) exists as international crime and has a specific subject composition, geography of commission and complex objective reasons. The core of transnational corruption crime is bribery widely used by transnational corporations for achieving their corporate purposes. Combatting such crimes by means of criminal law is carried out at various levels: international, interregional, regional, subregional, bilateral, and domestic. The purpose of this article is to characterize transnational corruption, which is one of the forms of self-determination of crime. The article provides a comprehensive classification of corruption crimes based on various criminal law and criminological criteria. The author pays special attention to the fact that all transnational corruption crimes can be divided into main and auxiliary. At the same time, these two types of offences are often inseparable. The author proposes the main directions of criminal law impact on transnational corruption crime, which could be used in both the General part and Special part of criminal law. The methodology of the article is based on the laws of materialist dialectics. The article rests on a wide range of Russian and foreign sources of scientific, legal, statistical, sociological, and other nature. The author applied the following research methods: analysis, synthesis, deduction, induction, systemic-structural method, logicallegal, and comparativelegal.

About the authors

Olga A. Kuznetsova

Peoples’ Friendship University of Russia (RUDN University)

Author for correspondence.
Email: o715575@mail.ru
ORCID iD: 0000-0003-1066-3783

Candidate of Legal Sciences, Associate Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics, Law Institute

6 Miklukho-Maklaya str., Moscow, 117198, Russia Federation

References

  1. Andrianov, V.D. (2011) Corruption as a Global Problem: History and Modernity. Moscow, Economika Publ. (in Russian).
  2. Bekyashev, K.A. (ed.). (2004) International Public Law. Textbook. 3rd edition, elaborated and supplemented. Moscow, Velbi Publ., Prospect Publ. (in Russian).
  3. Bernstein, D. & Shaw, N. (2014) South Africa. Chapter 18. In: Mendelsohn M.F. (ed.) The Ant-Bribery and Anti-Corruption Review. 2nd ed. UK, Law Business Research. pp. 227-242.
  4. Borzenkov, G.N. & Komissarov, V.S. (eds.). (2002) Criminal Law Course: Special Part. T. 5. Moscow, Zertsalo Publ. (in Russian).
  5. Braithwaite, Jo. (1979) Transnational Corporations and Corruption: Towards Some International Solutions. International Journal of the Sociology of Law. (7), 125-142.
  6. Cordini, N.S. (2018) The internationalization of criminal law: transnational criminal law, basis for a regional legal theory of criminal law. Brazilian journal of public policy. 8 (1), 262. DOI: https://doi.org/10.5102/rbpp.v8i1.5163
  7. Dantas, A. & Alcantara, L.E. (2014) Brazil. Chapter 3. In: Mendelsohn M.F. (ed.) The Ant-Bribery and Anti-Corruption Review. 2nd ed. UK, Law Business Research. pp. 34-41.
  8. Fayed, A.A. (2018) Researching corruption: understanding its key conceptions. Rule of law and anticorruption centre journal. (11). DOI: https://doi.org/10.5339/rolacc.2018.11.
  9. Fedorov, A.V. (2013) Anticorruption OECD convention as a part of Russian Federation legal system: criminal law and criminal politic aspects. Scientific writings of SPb. Filial of Russian custom academy. 4 (48). 99-128. (in Russian).
  10. Fedorov, A.V. (2014) Establishment of legal person crime responsibility as an element of combatting corruption. Vestnik of Vladimir juridical institute. 3 (32), 107-112. (in Russian).
  11. Ferreira, L.V. & Morosini, F.C. (2013) The implementation of international anti-corruption law in business: legal control of corruption directed to transnational corporations. Austral: Brazilian Journal of Strategy & International Relations. 2 (3), 246-247.
  12. Godunov, I.V. (2002) Transnational Organized Crime in Russia: Ways and Forms of Combatting. Diss … doctor Legal of sciences. Ryazan. (in Russian).
  13. Gravina, A.A. (2015) Transnational corruption as a body of international crime. Journal of Russian law. (12), 87-99. (in Russian).
  14. Hung-En Sung (2009) Transnational Corruption in Weapons Procurement in East Asia: A Case Analysis. Sociological focus. 42(3), 254-261. DOI: https://doi.org/10.1080/00380237.2009.10571356
  15. Karpec, I.I. (1979) Crimes of international character. Moscow, Yuridicheskaya lititeratura Publ. (in Russian).
  16. Kordoš, M., & Vojtovič, S. (2016) Transnational corporations in the global world economic environment. Procedia - Social and Behavioral Sciences. (230), 150-158.
  17. Kudryavcev, V.N. & Eminov, V.E. (2010) Self-determination of crime. Causes of crime. Criminology. Student book. Forth edition, elaborated and supplemented. Moscow, Norma, Infra-M Publ. (in Russian).
  18. Lukashuk, I.I. & Naumov, A.V. (1999) International criminal law. Student book. Moscow, Spark Publ. (in Russian).
  19. Maksimov, S.V. (2017) Corruption. Law. Responsibility. 3rd edition, elaborated and supplemented. Moscow, Institute of State and Law of RAS Publ. (in Russian).
  20. Momoh, Z. (2015) Corruption and governance in Africa. Proceedings of the International Academic Conference for Sub-Sahara African Transformation & Development. 3(6). Available at: https://www.researchgate.net/profile/Zekeri-Momoh/publication/308792420_corruption_and_governance_in_africa/links/57f224fa08ae91deaa56229a/corruption-and-governance-in-africa.pdf [Accessed 3rd March 2021].
  21. Osumah, O. & Aghedo, I. (2013) Challenges and prospects of anti-corruption crusade in Nigeria’s fourth republic. Ilorin Journal of Business and Social Science. 15 (2), 81-96.
  22. Sumachev, A.V. (2017) On pseudoscientific criminal law theories. III International penitentiary forum “Crime, punishment, correction”. In: Digest of participant’s thesis. T. 2. Materials of International scientific-practice conference “Improvement of criminal and criminal executive legislation norms”. Ryazan, Academy of the Federal Penitentiary Service of Russia. pp. 92-95. (in Russian).
  23. Yuichiro, Tachi (2001) An Overview of the Japanese Criminal Justice Legislation against Corruption. In: Taking Action against Corruption in Asia and the Pacific: Proceedings of the 3rd Regional Anti-Corruption Conference. 3rd Annual Conference of ADB/OCED Anticorruption Initiative for Asia-Pacific. Tokyo, Japan. Pp. 3-4.
  24. Zhu, J. (2012) Do severe penalties deter corruption & a game-theoretic analysis of the Chinese case. The China Review.12(2), 1-32.

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