Гуманитарные и юридические исследования (Sep 2021)
IMPROVEMENT OF ADMINISTRATIVE PROCESSES OF EXECUTIVE AUTHORITIES, INCLUDING LAW ENFORCEMENT AGENCIES, AS AN ANTI-CORRUPTION INSTRUMENT
Abstract
The article considers the root causes of corruption in the legislative framework for the formation and functioning of executive bodies, and with the reference to current legislation analyzes the influence of managerial processes in government bodies on the determination of corruption. In the executive bodies themselves, including law enforcement agencies, as in any organization, there is a subject and object of government, and unfortunately, there is corruption. Considering the authorities as an organization, we recognize that corruption is possible in this system, and for example, in some joint-stock company or enterprise, which are also organizations with a subject and object of management, we believe that there is no corruption or it is minimal. Proceeding from this, we believe that if the system of formation and functioning is perfect, then ideally there should not be corruption, but if the system itself is not perfect, then corruption elements arise. In this case, the human factor is added to the causal complex in the form of imperfection of managerial processes, that is, the criminal agent's motivation for corruption. The people (that is, the voter, the citizen) participate in the formation of power only at the initial stage. At the initial stage, control is also carried out. In the future, the authorities begin to act independently, and accordingly control over their activities by the voter (people, citizens) is completely absent. That is, the system becomes self-regulating and self-controlling. But at the same time, representatives of the authorities themselves become self-regulating and self-controlling, but it is here that the foundation of corruption and corruption relations begins to form. That is, the initial formation of a system of authorities allows corruption to be at all levels. And the norms introduced and applied for "anti-corruption expertise", "public hearings", "reports of authorities before the population", "anti-corruption commissions", etc. and these are just "small patches for a big gap". In fact, these are the superstructures formed by the authorities themselves.
