Concept of Corruption in Russian Legislation and Legal Literature

In Russian legal science, question of concept of refers to a number of discussions. The main difference is in number of interpretations of term Some define as bribery-corruption authorities, as any other mercenary behaviour official. The official definition of is given in federal law On combating . The main lack of formal definition of is fact that legislature understands as a number of separate cases of behaviour. Following logic of legislator, one should recognize that any abuse of official position, any bribe-taking or giving bribes, etc., is corruption. Meanwhile, concept of a social phenomenon cannot be provided through individual cases of this phenomenon. Part (social action) can not define whole (social phenomenon). Such an approach blurs line between permissible and forbidden, between just and unjust, between socially useful or socially harmful behaviour. This definition without valid reasons significantly expands boundaries of negative social phenomena, including acts that may be committed in interests of company. Another disadvantage of legislative definition of is that it ignores many obvious cases of behaviour (lobbying, patronage, cronyism, nepotism, connivance, committed for benefit of private individuals without any property of remuneration or pecuniary benefits). It is proposed to understand as by representatives of authorities of interests of society by interests of a private nature. This definition allows allocating following significant signs of corruption: 1) object of assault, the public interest; 2) subject of behaviour, of authorities; and 3) of corrupt behaviour, consisting in substitution of some interests by other ones; 4) and objective of conduct of authorities. The definition of proposed by authors is able to cover all kinds of behaviour, separate crimes of from official crimes. The criterion of differentiation is and purpose of committing a crime. Any offence implies existence of so-called corruption motive and corruption goals''. The for behaviour of a representative of power is desire to satisfy their needs and (or) needs of other persons at expense of interests of company. Under corrupt purpose we understand desire of a representative of authorities to receive property or non-property benefits for themselves and (or) other persons to detriment of interests of society. It is emphasized that corruption-related crime as a relatively large social and legal phenomenon is much wider than official crimes.