Baltic Journal of Economic Studies (Sep 2024)
MODEL OF CORRELATION BETWEEN ANTI-CORRUPTION INSTITUTIONS OF INTERNATIONAL AND NATIONAL LAW
Abstract
The subject of the article is a model of correlation between anti-corruption institutions of international and national law. The research methodology involved the use of formal and dialectical logic, historical and legal, comparative legal, anthropological and legal, economic and legal, hermeneutical, synergetic, systemic, and statistical methods. The purpose of the article is to reveal the model of correlation between anti-corruption institutions of international and national law. It is determined that anti-corruption policy becomes a value when it is implemented on an institutional basis. Such a basis means its independence from the acquisition of public power by any person. The sustainability and completeness of the manifestation of virtues in legal relations are ontologically determined by the processes of nation-building, which, in turn, are based on the values of law inherent in human nature. The anti-corruption model is influenced by historical, spiritual, cultural, external conditions, climatic, geographical and other living conditions. Such a model becomes effective when all these factors and their conditions form the best basis for the development of the nation, compared to others, through the full use of the energy potential of the virtues of all its members. Any delay, irresponsibility and/or unjustified loss of vigilance regarding the components of this model leads to decline. It is emphasised that the national anti-corruption model is ternary, since it is based on three main elements, namely, anthropospatial legislation, the practice of its application within the framework of administrative and jurisdictional procedures. The configuration of both elements of the model and their parts is determined by its uniqueness. The most superficial classification of these models is based on the system of criminal justice components. The fundamental classifications of national anti-corruption models are based on the anthropological dimension of legislation and practices of its application outside the criminal process. This is the strategy of anti-corruption work. The role of a person in the strategy process is not to remain in office as long as possible, but to remain in office as useful and effective as possible. Corruption distortions in legal relations disappear where the individual nourishes the institutions of law and power rather than replaces them. The author establishes that the correlation between national and international anti-corruption models is conditional, since the international model has not yet been formed and largely reflects the worldview of the Western legal tradition. It is also precocious to discuss an international anti-corruption model because the international community has not reached a sincere agreement on a universal set of human rights and freedoms and their scope. However, such a substantive understanding is the essence of anti-corruption policy, where its rules and practices reveal the nature of human virtues in legal relations. Currently, there is no complete description of the counterbalance to this tradition of law. Eastern, Muslim, Hindu and other non-Western cultures have adopted legal institutions for the declaration of assets and interests of public officials, conflicts of interest, financial audits of public procurement and anti-corruption criminal justice systems. The Republics of Singapore, Japan and Hong Kong have been the most successful in this anti-corruption legislative reception. The implementation of these institutions by other nations requires their adaptation to unique existential conditions, so that the potential for the liberation of human virtues by the force of legislative requirements is organically strengthened by the conditions of the nation's development. This will manifest the features of both innovation and anthropo-dimensionality of law.
Keywords
