On the Development of an Interdisciplinary Concept of Anti-Corruption Compliance in the Russian Federation

Abstract

Since the beginning of the 21st century, companies from various parts of the world have been actively implementing an anti-corruption compliance. This process did not leave aside Russian, primarily large, enterprises. Under their influence, the implementation process gradually started in small and medium size enterprises that often act as suppliers or service providers. The role of anti-corruption compliance as a mechanism for protecting companies from corruption offences and other misconduct should be not underestimated. At the same time, the authors noted that many largest international enterprises that invest enormous funds in designing and implementing compliance programmes are not able to prevent wrongdoing of managers, employees and third parties. As a result, these enterprises pay huge penalties to resolve anti-corruption laws violations. Based on the results of the study, the authors come to the conclusion that anti-corruption compliance should not be limited to a set of management processes and formal standards. Anticorruption compliance programmes and training should have a meaningful filling aimed at preventing corruption offences. The article proposes and substantiates the idea of developing an interdisciplinary concept of anti-corruption compliance in the Russian Federation, based on the use of the achievements of the sciences of international law, criminal law, criminal procedure law, criminalistics and investigative activities. The authors propose own definition of the anti-corruption compliance and analyse main reasons for implementation of anti-corruption compliance in companies. Special attention is paid to distinctive features of legal regulation of the anti-corruption compliance in Russia and in foreign countries. The article contributes to the integration of main scientific definitions and concepts from criminal law and criminalistics, such as corruption crime, corruption offences and corruption risks into the concept of anti-corruption compliance system. According to the authors, interdisciplinary concept of anti-corruption compliance should create a solid basis for developing standards and recommendations for Russian companies and guidelines for judges and law enforcement officers. Many provisions could help in designing effective corporate policies and procedures, as well as training and professional development programmes on anti-corruption compliance. The concept can also be used for the development of anti-corruption cooperation within the BRICS and the Eurasian Economic Union.