Encouraging Organizations to Develop and Take Measures to Prevent Corruption

Abstract

Introduction. The article examines a number of problems of law enforcement of Article 13.3 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”, which establishes a general obligation of any organizations to develop and take measures to prevent corruption, in terms of the imperfection of the legal structure of securing such an obligation and the measures proposed in this regard, as well as the insufficiency of mechanisms to stimulate organizations to carry out the relevant work.

Methodology and materials. The purpose of this study, based on the analysis of a wide range of regulatory material, including current foreign legislation, acts of “soft law”, is to formulate specific proposals for the successful resolution of these problems using the formal legal and comparative legal method, the method of legal modeling.

Research results and discussion. As a result of conducting this study, through the prism of the established law enforcement practice, domestic and foreign experience, the author analyzed the problem of the lack of a mechanism for directly securing the legal responsibility of organizations (managers) for failure to take measures to prevent corruption, a differentiated risk-oriented approach in terms of establishing measures to prevent corruption taken by organizations, as well as formalized legal measures to encourage organizations to develop and implement anti-corruption mechanisms in their activities.

Conclusions. The conducted study made it possible to formulate and substantiate specific proposals in terms of securing direct legal (administrative) responsibility of organizations for failure to develop and take measures to prevent corruption, categorical differentiation of organizations based on a risk-oriented approach with the establishment of mandatory anti-corruption measures for each of the relevant categories, formulation and securing in the established manner measures of “positive” stimulation (encouragement) of organizations to develop and apply in their activities appropriate measures to prevent corruption, taking into account individual existing judicial practice and the balance of interests of stakeholders.