Eduard Ivanov, Sergei Markuntsov1, Yu.P. Garmaev
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

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

2020. No. 4. P. 106–128 [issue contents]
Since the beginning of the 21st century, companies from various parts of the world havebeen 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 suppliersor service providers. The role of anti-corruption compliance as a mechanism for protectingcompanies from corruption offences and other misconduct should be not underestimated.At the same time, the authors noted that many largest international enterprises that investenormous funds in designing and implementing compliance programmes are not ableto prevent wrongdoing of managers, employees and third parties. As a result, theseenterprises pay huge penalties to resolve anti-corruption laws violations. Based on theresults of the study, the authors come to the conclusion that anti-corruption complianceshould not be limited to a set of management processes and formal standards. Anticorruption compliance programmes and training should have a meaningful filling aimedat preventing corruption offences. The article proposes and substantiates the idea ofdeveloping 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 authorspropose own definition of the anti-corruption compliance and analyse main reasons forimplementation of anti-corruption compliance in companies. Special attention is paid todistinctive features of legal regulation of the anti-corruption compliance in Russia and inforeign countries. The article contributes to the integration of main scientific definitionsand 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 complianceshould 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 trainingand professional development programmes on anti-corruption compliance. The conceptcan also be used for the development of anti-corruption cooperation within the BRICS and the Eurasian Economic Union.
For citation: Garmaev Yu. P., Ivanov E.A., Markuntsov S.A. (2020) On the Development of Interdisciplinary Concept of Anti-Corruption Compliance in the Russian Federation. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 106–128 (in Russian) DOI: 10.17323/2072-8166.2020.4.106.128
Citation: Ivanov E., Markuntsov S., Garmaev Y. (2020) [On the Development of an Interdisciplinary Concept of Anti-Corruption Compliance in the Russian Federation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 106-128 (in Russian)
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