Concept and Indications of Corruption in Acts of International Law
Abstract
Corruption as a global challenge has been a concern for academia and international organizations —the United Nations, European Council, Commonwealth of Independent States, etc. Beginning with the second half of the 20th century, special anticorruption resolutions were adopted, states concludedconventions specifying the major approaches to the concept of corruption. The study of the provisionsof international legal acts shows that international community has not developed a single definition forcorruption. On the basis of legal definitions of corruption, lists of corruption acts in context of the provisionsof the most significant international legal acts which created the basis of interpreting corruption,an attempt has been made to draw up a list and content of the material signs of the social and legalphenomenon. As significant signs of corruption, the author identifies the common hazard, sphere ofexistence, object matter of corruption, subjects, corruption of service (official) powers and administrativestatus. The specified signs are conditioned with a narrow or wide approach to understanding thissocial law phenomenon. Settling this sign of corruption as a common hazard is typical of the internationaldocuments of the Council of Europe and Commonwealth of Independent States. As to the UNdocuments, this sign is stipulated only in the United Nations Convention against Corruption (2003). Asthe domain of corruption, international acts stipulate private and public sector. The subject matter ofcorruption is various benefits of property and non-property nature. The author shows the trend of transitionfrom narrow to a wider interpretation of corruption by including besides bribery and graft variousabuses of official position for lucrative purposes or due to personal interest as well as widening the listof the subjects of corruption.
Published
2016-02-22
How to Cite
BukharinaN. (2016). Concept and Indications of Corruption in Acts of International Law. Law Journal of the Higher School of Economics, (1), 166-176. https://doi.org/10.17323/2072-8166.2016.1.166.176
Section
Law in the Modern World