Corruptibility of legal rules: theoretical problems
| Autor | Tuyana Ch. Sharakshinova - Ravia F. Stepanenko |
| Cargo | Kazan Federal University. Email:Tuyana.91@mail.ru. Tel : +79520306687 |
| Páginas | 277-285 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 06 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
277
CORRUPTIBILITY OF LEGAL RULES: THEORETICAL
PROBLEMS
Tuyana Ch. Sharakshinova1
Ravia F. Stepanenko2
Abstract: The article considers the
problem of corruptibility of legal rules.
The author proceeds from the fact that
some legal norms stimulate illegal
corrupt behavior of participants in public
relations. The task is to explain how
corruptibility affects the generally
recognized properties of the legal rules.
The author describes the distortion of
such properties of a “healthy” legal norm
as formal certainty, general
obligatoriness, systemic interconnection
and provision with the state coercion
power. We analyzed the “Methodology
for conducting anti-corruption expertise
of regulatory legal acts and draft
regulatory legal acts” approved by the
Government of the Russian Federation.
We established the correspondence of
corruptibility factors given in the
Methodology to negative modifications
of the properties of a “healthy” legal
norm. We specifically considered
various aspects of systematicity in the
1 Kazan Federal University. Email:Tuyana.91@mail.ru. Tel : +79520306687
2 Kazan Federal University. Email:Tuyana.91@mail.ru. Tel : +79520306687
context of the concept of corruptibility.
We revealed the interdependence of the
properties of a corruptogenic norm. It is
concluded that the primary textual
uncertainty creates uncertainty in the
consequences, destinations and systemic
relationships of the corruptogenic norm,
which is eliminated in the course of
interaction between the corrupt person
and the corrupt official. The
corruptogenic norm, while not being
essentially legal, continues to be
provided by the state coercion power and
remains connected with other norms and
institutions that are part of the legal
system until it is identified as
corruptogenic, distorting their meaning
and adoption purpose.
Keywords: corruption, corruptibility,
properties of legal norms, consistency in
law, legal expertise, defects of law.
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