Russian Journal of Economics and Law (Mar 2019)
Forming intolerance to corruption behavior as a judicially undefined legal category and its content
Abstract
Objective: to assess the legal category “formation of intolerance to corrupt behavior” for compliance with its requirements for legal definitions.Methods: the methodological basis of the study is the dialectical method of cognition and the general scientific (historical, logical, systemic) and specific scientific methods (grouping, analysis, synthesis, comparison, interpretation, etc.) based on it. Results: based on the analysis of federal, regional, municipal and departmental normative legal acts regulating various aspects of life, the author studies the term “intolerance to corrupt behavior”, as well as the related and derived legal categories. It was found that the phrase “intolerance to corrupt behavior” is widespread not only in the Russian anti-corruption legislation, but also in other branches of legislation, in different legal meanings, which indicates the multivariance of its semantic load, i.e., its linguistic uncertainty. It can be argued that the Russian law-making bodies violated the principle of the uniformity of legal terminology. To resolve this contradiction, this legal category must be replaced with another term, corresponding to the sense of anti-corruption legislation. The term “anti-corruption worldview” is such a phrase, meeting the requirements for legal definitions. Scientific novelty: for the first time in the Russian legal science, it was proved that the phrase “intolerance to corrupt behavior” is not a legally defined legal category. The author makes a proposal to exclude it from the current legislation.Practical significance: it is proposed to the legislative bodies of Russia to exclude linguistically undefined term “intolerance to corrupt behavior” from the current Russian legislation and replace it with another, more accurate in meaning and content term - “anti-corruption worldview”.
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