Studia Universitatis Moldaviae: Stiinte Sociale (May 2019)
REFLECȚII CU PRIVIRE LA CONȚINUTUL NOȚIUNII DE CORUPȚIE
Abstract
Foreign authors who regard corruption as a societal trait and a social phenomenon are pretty much similar in their judgement with the ones that describe corruption as abuse of power or abuse of position. The distinction between the two approaches is that, meanwhile, in the first case corruption is considered a social expression, in the second one, corruption is seen as an act, or series of acts. The narrow interpretation of the concept of corruption reduces this term to the meaning of “bribery”. The advocates of the broad interpretation of the concept consider that the term refers not only to the act of bribery, but also to a series of acts. The aurea mediocritas solution to this dilemma will result from combining both the narrow and broad interpretations. The concept of “corruption” can never allude to one single offence component. Instead, it may make reference to a series of criminal or non-criminal offences. The definition of the concept of corruption referred to in art.2 Law No.90 of 25.04.2008 on preventing and combating corruption is no longer in force. Within the meaning of art.3 Law No.120 of 21.09.2017 on preventing and combating terrorism, the concept of corruption could be likened to the concept of terrorism. Corruption is therefore a social phenomenon. The components of this social phenomenon are the wrongdoings of corrupt nature, either criminal or contraventional. The criminal and contraventional offences referred to at par.(2) and par.(3) art.44 Law No.82/2017 shape the content of the definition of the concept of corruption as interpreted by this law and this version is actually the one generally applied in the Moldovan legislation in force. Other wrongdoings referred to in this law do not fit with the content of the definition of the concept of corruption. It is mostly impossible to find a universal definition of the concept of corruption that would satisfy the requirements of all normative documents that apply to the term. Corruption is a phenomenon the content of which may be determined by the time, place and context in which it manifests itself.
