Journal of Siberian Federal University. Humanities & Social Sciences / Fighting Corruption: Legal Ideas, Forms, and Reality

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2026 19 (4)
Authors
Borkov, Viktor N.
Contact information
Borkov, Viktor N. : Omsk Order of Honor Academy of the Ministry of Internal Affairs of Russia (Omsk, Russian Federation); ; ORCID: 0000-0002-7583-5665
Keywords
corrupt relations; necessary complicity; consumers of corrupt services; corrupt transaction; corrupt organization; corrupt income; publicly restorative liability
Abstract

Developing the criminal law element of the anti- corruption security strategy requires formulating new ideas about the phenomenon of corruption, describing its legal forms, the actual threat it poses, and the measures being taken to combat it. In criminal law, corruption should be understood as a socially dangerous act committed by a participant in corrupt relationships between officials and other persons for the purpose of obtaining illegal financial gain. The concept of corruption as necessary complicity necessitates the criminal suppression of associations between officials and businessmen for the purpose of committing corruption crimes, the criminalization of the actions of beneficiaries of corruption, and the prevention of its organized forms. It is proposed to establish criminal liability for the use of benefits and advantages provided to officials participating in business activities, for participation in a corrupt transaction, and for the creation of, and participation in, a corrupt organization. Criminalizing illicit enrichment is inappropriate given the principle of inadmissibility of double conviction for the same crime. Corrupt officials should be held publicly liable, restorative in nature-that is, by converting illegally acquired assets into state revenue-as well as punitive public liability for the specific crimes through which the property was acquired

Pages
740–749
EDN
LUGBTV
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/158261

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