CORRUPTION OFFENSES: PROBLEMATIC ISSUES OF LEGAL QUALIFICATION
Rubrics: CRIMINAL LAW AND CRIMINOLOGY
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
28.07.2015
Accepted:
28.07.2015
Published:
28.07.2015
Language:
Russian
Keywords:
Corruption, misconduct, offence, legal qualification, legislation, deviant act, extensive interpretation, law enforcers, legality.
Abstract (English):
In this paper the author revealed the absence of uniform and clear-cut approach to the definition of the concept “corruption” and characteristic features thereof in contemporary current national and international law and science. Manipulation with such notions as corruption crime, corruption offense, misconduct, offense which creates conditions for corruption, etc. does not only bring clarity to the issues of legal qualification of the deviant act as “corruption”, but allows law enforcers to interpret broadly the true meaning and content of these concepts. The author noted that the above situation is illegal and unacceptable in terms of application the principle of analogy in “penalty law”. Lack of uniform conceptual apparatus makes it impossible to set clear limits of the legal regulation, whereby all efforts of combating the corruption become more “patchy” and not systemic. Also, it violates the principle of consistency with the existing system of legal regulation and the principle of formal certainty of law, presupposing the accuracy and clarity of the legal regulations in its capacity as the necessary guarantee to ensure the rule of law. Realizing an integrated and interdisciplinary concept of «corruption», the author proves the need for legal comprehension of said concept.
In this paper the author revealed the absence of uniform and clear-cut approach to the definition of the concept “corruption” and characteristic features thereof in contemporary current national and international law and science. Manipulation with such notions as corruption crime, corruption offense, misconduct, offense which creates conditions for corruption, etc. does not only bring clarity to the issues of legal qualification of the deviant act as “corruption”, but allows law enforcers to interpret broadly the true meaning and content of these concepts. The author noted that the above situation is illegal and unacceptable in terms of application the principle of analogy in “penalty law”. Lack of uniform conceptual apparatus makes it impossible to set clear limits of the legal regulation, whereby all efforts of combating the corruption become more “patchy” and not systemic. Also, it violates the principle of consistency with the existing system of legal regulation and the principle of formal certainty of law, presupposing the accuracy and clarity of the legal regulations in its capacity as the necessary guarantee to ensure the rule of law. Realizing an integrated and interdisciplinary concept of «corruption», the author proves the need for legal comprehension of said concept.
Keywords:
Corruption, misconduct, offence, legal qualification, legislation, deviant act, extensive interpretation, law enforcers, legality.
Corruption, misconduct, offence, legal qualification, legislation, deviant act, extensive interpretation, law enforcers, legality.
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