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Zhumagulova Sh. R.1, Ailauova B.2, Toilibekova I.O.3 ©
'Korkit-At's name state university Kyzylordinsky senior teacher of chair of jurisprudence, candidate of jurisprudence, city of Kyzylorda; 2,3owner, teacher of the chairman of law of Korkit-At's name KMU
of the city of Kiziloda
CORRUPTION AS FORM OF SHADOW ECONOMY
Аннотация
На современном этапе развития Казахстана преодоление коррупции является одним из важнейших стратегических направлений экономического и политического развития страны. Обеспечение экономической безопасности республики невозможно без резкого снижения уровня коррупции, которая препятствует развитию малого и среднего бизнеса, приводит к расхищению природных ресурсов, осуществлению невыгодных для национальной экономики инвестиций и т.п. Подпольное производство и контрабандный ввоз в страну поддельной продукции, неправильное таможенное оформление грузов, как правило, сопряжены с коррумпированностью и криминогенностью экономики. Деятельность коррумпированных чиновников способствует хищническому вывозу из Казахстана капитала и сырья.
Ключевые слова: недостатки в развитии национальной экономики; ограничение
регулирующей роли государства; несовершенство законодательной базы; расширение сферы монополизма.
Summary
At the present stage of development of Kazakhstan overcoming of corruption is one of the most important strategic directions of economic and political development of the country. Providing economic security of the republic is impossible without sharp decrease in level of corruption which interferes with development of small and medium business, leads to plunder of natural resources, implementation of unprofitable investments for national economy, etc. Underground production and illicit import to the country of counterfeit production, the wrong customs registration of freights are, as a rule, interfaced to corruption and an kriminogennost economy . Activity of the corrupted officials promotes injurious export from Kazakhstan of the capital and raw materials.
Keywords: defects are in development of national economy;limitation of regulative role of the state;imperfection of legislative base; expansion of sphere of monopolism.
At the present stage of development of Kazakhstan overcoming of corruption is one of the most important strategic directions of economic and political development of the country. Providing economic security of the republic is impossible without sharp decrease in level of corruption which interferes with development of small and medium business, leads to plunder of natural resources, implementation of unprofitable investments for national economy, etc. Underground production and illicit import to the country of counterfeit production, the wrong customs registration of freights are, as a rule, interfaced to corruption and an kriminogennost economy . Activity of the corrupted officials promotes injurious export from Kazakhstan of the capital and raw materials. According to some information, the volume of the shadow capitals which are abroad, makes from 3 to 10 billion dollars. In recent years from the republic it was taken out raw materials for the sum of 45-50 billion dollars. Large-scale distribution of corruption is serious threat to national interests of Kazakhstan, puts under doubts success of social and economic transformations carried out in the republic. Corruption in our country, as well as around the world, is inseparably linked with organized crime, the international terrorism. It serves as the powerful lever of influence on economic policy of the country leaders and institutes of civil society.
High level of criminalization of economy wouldn't be possible without corruption support of shadow economy, illegal manipulation with financial assets and property [1, 165].
© Zhumagulova Sh. R., Ailauova B., Toilibekova I.O., 2014 г.
PREREQUISITES AND CONDITIONS OF EMERGENCE OF SHADOW ECONOMY
Prerequisites
Conditions
- high level of expenses of functioning of business within "submission to the law";
- transformation of public in the interests group.
- shortcomings of development of national economy;
- restriction of a regulating role states;
- imperfection of legislative base;
- expansion of the sphere of monopolism.
Growth reasons
The factors influencing development __________shadow economy______________
economic instability;
situation complication on a labor market;
flow of refugees from neighboring countries;
low level and quality of life of the population;
high level of the taxation;
deformation of moral and ethical values;
vulnerability of the rights of owners;
the economic; the administrative; the social; the legal. the sociocultural; the political.
Development ways
The legal activity gravitating to illegal actions The forbidden kinds of activity
Types of shadow economy
The informal: the house; the social; "white-collar". The informal and legitimate: - the marginal; - the network; The illegitimate: - the hidden; - the irregular. The criminal: - the organized; the unorganized.
Forms of shadow economy
The easy Average Average The heavy
Subjects of shadow economy
Shady businessmen- business executives hired workers Shady businessmen-business executives hired workers Shady businessmen-business executives hired workers Criminal elements, clan groups
Unstable income:
abuses at privatization (acquisition of state ownership at cut prices); failure to pay taxes; fictitious insurance; bribery;
corruption manifestation; racket.
There is a set of forms (manifestations) of corruption: bribery; favoritism; nepotism (kumovstvo); protectionism; lobbyism; illegal distribution and redistribution of public resources and funds; misappropriation of public resources for personal reasons; illegal privatization; illegal support and financing of political structures (parties, etc.); extortion; granting soft loans, orders; "protection" (use of personal contacts for receiving access to public resources - to goods, services, sources of the income, privileges; rendering various services to relatives, friends, acquaintances) [2, 177].
There is a wide range of treatments of definition of corruption, its contents and the main directions of reduction of scales of corruption and intensity of the corruption relations.
According to the first approach, corruption is considered as deviations taking place from rules of law, office ethics and the universal moral principles. Thus, according to the translation from the Latin concept "corruption" as bribery, bribes, treat it in a broad sense as direct use by the official of the rights connected with his position, for personal enrichment; in narrow sense - as a situation when the official makes the illegal decision by which other party benefits, and the official earns illegal reward from this party. The corresponding signs of a corruption situation are characterized as the decisionmaking, breaking the law or unwritten public norms, action of partners by agreement, receiving by both parties of illegal benefits and advantages, aspiration of all participants of the corruption
transaction to concealment of the actions. The special negative importance is gained by the phenomenon of the state corruption, that is participation in it of the officials who are in the public service, having opportunity to dispose of resources not belonging to them due to acceptance (or rejection) these or those decisions. Budgetary funds, the state and municipal orders and privileges, objects of the state or municipal ownership, and also rendered at the expense of state social, educational and medical services can belong to such resources.
Within this approach according to character and a place of corruption actions distinguish top and local corruption.
Top corruption covers the most top links of system of the government and management. At this level "commission charges" for the conclusion of large contracts are raised, there is a money laundering abroad, delivery of permissions to carrying out bank operations with budgetary funds, granting the credits, preferential export quotas, appointment on highly paid or allowing to have the illegal income of a position in a state machinery.
Level includes local corruption covers officials of the bottom and average control link and employees of budgetary organizations who take bribes for rendering to citizens of certain services in the course of the activity.
According to the second approach corruption is considered as the certain system public phenomenon characterizing a measure of an inefficiency of action of social and economic institutes of the state, legal system, economy. In this aspect corruption appears as "friction force" which society, his managing subjects and institutes is compelled to overcome at achievement of the purposes set for them. Level defined within this approach or index of corruption characterizes entropy degree (a measure of internal disorder) public system as a whole and efficiency of functioning of the developed system of administrative bureaucracy [3, 12].
Since 1995, the International non-governmental organization of Transparency International, annually publishes indexes of perception of the corruption (Corruption Perceptions Index), based on polls of businessmen, scientists and officials which characterizes not level of corruption, and idea of it. The rating constructed by means of an index, developed by the American economist J. Lambsdorf, estimates the world countries on a scale from 0 to 10. Thus 0 - means the maximum corruption, 10 -minimum. Results of the international examination testify that in 1999. The Republic of Kazakhstan took on corruption level the 84th place among 120 countries of the world, in 2000 - 65, in 2001 - 71, in 2002 - 88. In 2003 the index of perception of corruption 2,4 points was appropriated to Kazakhstan and on corruption level the republic took the 100th place in the list of 133 countries. In 2004. the index of perception of corruption decreased to 2,2 points, and on corruption level Kazakhstan took the 124th place из146. In 2010. The Republic of Kazakhstan took the 105th place from 178 countries.
Within the third approach corruption appears as a set of universal strategy of behavior of the certain social groups directed on creation of advantages in receiving the state services of due level and quality or the organization and business. Within corruption interaction of business and the authorities two strategy of top corruption are traditionally allocated: strategy "state capture" (state capture) directed on establishment of shadow control of decision-making in favor of the business at the highest levels of the power (central, regional, etc.), and strategy "business capture" (business capture) expressing set of strategy and tactics of representatives of the authorities (central, regional, municipal) on ensuring shadow control over business for the purpose of collective and (or) individual extraction of an administrative rent.
In the Report of the World Bank "Fight Against Corruption in a Transition Period" two main aspects of corruption - capture of the state and administrative corruption [4] are considered.
Actions of individuals, groups or firms both in state, and in private sectors for the purpose of impact on formation of laws, rules and other tools of a state policy for the purpose of providing to themselves certain advantages as a result of illegal and opaque granting the personal benefits to civil servants are considered as capture of the state.
Administrative corruption (business capture) belongs to intended entering of distortions into process of the ordered performance of existing laws, rules and regulating provisions for the purpose of granting advantages both state, and to non-state actors as a result of illegal and opaque ensuring personal benefits with the civil servant. In classification of the international anti-corruption
organizations, such as Transparency International and the World Bank, Kazakhstan takes a position "average-high level", that is the average level of capture of the state and rather high level of administrative corruption. This group includes the countries in which the problem of administrative corruption remains the main problem while the state is exposed to capture to a lesser extent, than other countries of a transition period, countries of a transition period.
According to experts of the Ministry of Justice of the Republic of Kazakhstan, from 267 billion tenges allocated for carrying out government procurements, about 26 billion tenge settles in pockets of their organizers and intermediaries. Between shadow economy and corruption there is a close interdependence: first, the shadow economy is attempt to be eliminated from corruption - the businessman "goes underground" not to bribe; secondly, corruption generates the additional growth of shadow economy. According to expert estimates, the increase in an index of perception of corruption at 1 point leads to growth of shadow economy by 7,6%. It won't be coordinated with the concept of shadow economy as way to bypass corruption, but confirms the concept of shadow economy as corruption generations. Growth of level of corruption poses threat of national economic security as can lead to delay of social and economic reforms, strengthening of the processes leading to increase in concentration of the power and economic resources, increase in differentiation of society, formation of a permanent source of increase of social tension and protest moods.
Corruption risks. The world practice testifies that during the transit period the state has high degree of corruption risk. Kazakhstan as the country with extensive natural resources and rather short term of independence is subject to various manifestations of corruption. It is caused by the following groups of factors:
1. Political factors: the closed political system; imbalance between power branches; backwardness of institutes of civil society; absence at political opposition of opportunities and mechanisms of influence on the power.
2. Administrative factors: high level of closeness in work of the state departments; excessive bureaucratization of system of the government and management; a large number of prohibitive norms and opportunity for civil servants to influence activity of the enterprises and citizens; bulky system of the reporting; inefficient personnel policy, possibility of promotion regardless of the valid results of work of civil servants; commercialization of system of the government and management (power and business merging); derogation of officials of government bodies from the established rules; inefficiency of mechanisms of internal control in government and management system.
3. Legal factors: legal nihilism in public consciousness; violation of the rights and freedoms of citizens; imperfection of the legislation; lack of transparency in lawmaking system; excessive rulemaking of government bodies; lack of legislative regulation of lobbist activity. деятельности.
4. Social factors: poverty of bulk of the population; decrease in an education level of the population; inability of the state to provide worthy existence of civil servants therefore their motivation for effective work decreases.
5. Economic factors: inequality of economic opportunities; lack of transparency of the budgetary and financial and credit systems; violations in the sphere of privatization of property; inefficient tax and customs system; lack of the effective monitoring system over process of granting privileges in various fields of activity.
6. Welfare factors: deterioration of moral foundations of society; legal nihilism at all levels of public life; education deterioration; preservation of patriarchal and traditional political culture of society; traybalizm manifestations; the long tradition of the bribery which has become part of a cultural background; insufficient knowledge and organization of citizens; public passivity concerning willfulness of civil servants.
7. External factors: geopolitical situation, finding of Kazakhstan in an environment of the states for which the patriarchal and traditional relations are characteristic that results in absence at it active external incentives to political modernization; penetration into national economy and strengthening of positions of the foreign capital [5, 20].
Impact of corruption on state development. Corruption makes negative impact on all spheres of public life. Threat of capture of the state and administrative corruption in the sphere of economy are a serious obstacle in carrying out effective economic policy. Main objective of capture of the state the
companies is rendering impact on contents of laws, decrees and resolutions for increase of sales volumes or services to public sector of economy. Similar practice leads to decrease in quality of the state services, has negative impact on the competitive environment, is the reason high Now in Kazakhstan there is essential growth of economic opportunities of large corporations which are interested in rendering influence on a course of economic reforms, and also in expansion of the economic potential in inappropriate activity to the detriment of the enterprises of small and medium business.
Administrative corruption in the economic sphere, increasing the personal income of civil servants, makes negative impact on state revenues for the following reasons:
1. Corruption is connected with shadow economy therefore the companies can distort data on the economic activity.
2. The considerable part of corruption offenses is the share of tax and customs authorities that is the reason of reduction of tax and customs payments from the enterprises.
3. Corruption is some kind of regressive tax as small enterprises pay as bribes the most part of the gross revenue, than the large companies.
4. As a result of corruption transactional expenses that leads to increase of final cost of goods increase.
5. Corruption in the field of logistics leads to outflow of means from the state treasury [6, 30].
Corruption leads to decrease in level of trust of the population to social reforms carried out by
the state. It is one of indirect factors of process of social stratification of society. As a result of corruption in society there is a stereotype about low level of competence of civil servants that promotes decrease in authority of the government. Public rejection of corruption activity decreases. Thus the last is considered as the most effective way of interaction with government institutions.
Negative influence of corruption on policy and the political sphere is shown in: shift of the purposes of policy from national development to providing the power of oligarchical groups; power alienation from society; falling of prestige of the country on the international scene, emergence of threat of its economic and political isolation; disappointment of citizens in democracy values; emergence of threat of decomposition of democratic institutes. The main reasons for penetration of corruption in legal system and legislature of the states with transit economy are, first, acceptance during the short period of time of a large number of legal documents therefore quality of their study and efficiency of control of their execution, secondly, discrepancy of normative legal acts to the existing economic relations considerably decreases. Corruption activity in the field of legislature can be carried out in the form of lobbying of interests of the company by the hidden financing of political parties and deputies of parliament, and in the field of the executive (judicial) power - by rendering services or financing of civil servants for the purpose of influence on adoption of necessary decisions, decrees and regulating documents [7, 40].
Now for Kazakhstan implementation by civil servants of the hidden business activity representing a combination of administrative corruption with capture of the state has the greatest relevance. Thus lack of real restrictions, and often and assistance from law enforcement agencies are the reason of further escalation of corruption to which there are involved more and more wide sectors of society. The serious problem for any state is represented by activity of the corruption networks uniting civil servants, businessmen and financiers which is shown in formation of interrelations and interdependence between officials on a chain of command, and also across at various levels of management between various departments and structures. These interrelations and interdependence are established for systematic commission of corruption transactions, as a rule, in the sphere of distribution of budgetary funds in favor of the financial and credit and commercial structures entering a corruption network, increase in their income, and also obtaining competitive advantages.
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