International legal standards of corruption counteraction in the social sphere
| Autor | Alexandr V. Polykarov |
| Cargo | PhD in Law |
| Páginas | 238-255 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
238
INTERNATIONAL LEGAL STANDARDS OF CORRUPTION
COUNTERACTION IN THE SOCIAL SPHERE
Alexandr V. Polykarov1
Abstract: The study aims to show the
scope and limits of administrative anti-
corruption regulations, to detect the
causes and factors leading to corruption
in the social sphere and to identify the
possibility of reinforcing administrative
anti-corruption means, including in
accordance with international standards.
A dialectic approach to the examination
of social phenomena made it possible to
analyze the above issue in historical
perspective and the comparative analysis
was used to compare Russian anti-
corruption legislature with international
legal instruments and the anti-corruption
laws in force in selected countries. The
study defined administrative
enforcement as a means of counteracting
corruption in the social sphere,
determined various administrative
procedures adopted in anti-corruption
mechanisms and highlighted a
discrepancy between Russian anti-
corruption legislature and international
laws. For the first time in research on
administrative law, the study focused on
1 Alexandr V. Polykarov PhD in Law; judge of the Moscow Arbitration Court; Peoples
Friendship University of Russia
the adoption of administrative anti-
corruption regulations in the social
sphere in accordance with international
legal standards.
Keywords: counteraction, corruption;
social policies; health services.
Significance of Research
Traditionally, the public
administration system uses methods
such as persuasion and enforcement.
Without starting a discussion on the
functional and institutional aspects of
these methods, let us focus on the
potential of using administrative
enforcement in anti-corruption strategies
in the social sphere [1]. To reveal the gist
of administrative anti-corruption actions,
objective attention should be paid to the
law enforcement institution in general,
which is the basic category in relation to
administrative enforcement [2].
In this regard, a number of ideas
should be put forward as a basis for a
research on administrative enforcement
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
239
in the anti-corruption mechanism in
general and in the social sphere, in
particular.
First, administrative enforcement
is part of public enforcement
implemented by anti-corruption actions.
Second, administrative
enforcement measures are part of
administrative anti-corruption
legislations and, therefore, their effective
implementation in the sphere under
investigation depends largely on the
quality of other administrative
legislations.
Third, the classical approach to
defining the content of administrative
enforcement has not proved very
efficient in combating corruption [3].
Fourth, the potential of
administrative enforcement measures
remains scarcely implemented, despite
specific aspects of the fight against
corruption [3].
Research Methodology
The present study adopted the
system approach that addressed
administrative anti-corruption law in the
social sphere in terms of the
identification of trends and interactions
inherent in its structural elements and, on
the other hand, of the focus of
administrative anti-corruption measures
on achieving the expected results.
The research also used the
comparative law method (when
analyzing the establishment of the
administrative anti-corruption legal
system in the social sphere in a number
of countries), the formal study of
documents and research studies on the
topic under investigation. The method of
formal logical analysis was needed to
examine legislative and subsidiary acts
regulating anti-corruption issues.
The research also draws on the
structural and functional method and
certain elements of the sociological,
historical and axiological methods of
research. The rationale for adopting the
above-mentioned methods is the
possible methodological framework
offered by various sciences (philosophy,
political and legal sciences as well as
sociology) for the study of
administrative anti-corruption issues in
the social sphere.
The combined research methods
used in the present study, first, identified
the areas and scope of research and,
second, provided an opportunity to fully
assess the content of the issue concerned
and to canvass a comprehensive
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