CC BY
15УДК 338.47
DOI 10.24412/cl-36450-2021-1-189-193
В. П. ПИЩЕНКО, и. К. ФАДЕЕВ
Коррупция в таможенных органах
Статья посвящена рассмотрению проблемы коррупции в таможенных органах, причинах и последствия развития данного явления, а также повествует о наиболее популярных видах преступлений, связанных с коррупцией в таможенном деле, закрепляет нормативно-правовые акты, регулирующие данные правонарушения и устанавливающие ответственность за их совершение.
Ключевые слова: коррупция, таможня, взяточничество, власть, преступления, мошенничество, подлог, выгода, финансы, деньги, транзакции, нарушение, система, знания.
V. P. PISHCHENKO, I. К. FADEEV Corruption in Customs Authorities
The article is devoted to considering the problems of corruption in the customs authorities, the causes and consequences of its development, and also tells about the most committed crimes related to corruption in customs, fixes the regulatory legal acts that manage these offenses and establish liability for their commission.
Keywords: corruption, customs, bribery, authority, crimes, fraud, forgery, benefit, finances, money, transactions, violation, system, knowledge.
The term corruption means the offense of given power for personal or private matters. Corruption has been spread worldwide over the past decades and is broken down into several levels, based on the area in which it takes place, and the sums of money lost, or other harm it causes. The most common corruption-related activities include bribery, forgery, hiring or advancement of certain people for private or political gain. Corruption has many harmful effects on all areas of society, making people lose their jobs and hard-earned money, their health, and sometimes even their lives. The severity of corruption is usually based on the level of how widespread its effects are likely to be [1].
Corruption is the illegal act of bribery (taking a bribe), forgery or other crime-related activity done by government officials or people in power in exchange for some kind of benefit.
There are many reasons pushing the government official to corruption-connected law offense. Ineffective material support of state officers forms a strong feel of insecurity in the future life and results in massive acts of corruption. That is why the most common
ПИЩЕНКО Виктор Павлович, студент факультета таможенного дела Владивостокского филиала Российской таможенной академии, студенты группы.
ФАДЕЕВ Иван Константинович, студент факультета таможенного дела Владивостокского филиала Российской таможенной академии, студенты группы.
Научный руководитель - Бадеева Елена Яковлевна, канд. филол. наук, доцент кафедры иностранных языков Владивостокского филиала Российской таможенной академии.
reasons for committing corruption-connected crimes include low wages, low coefficient of possible career prospects, inconsistency in the selection and placement of personnel. There are many ways to commit corruption-related crimes in the customs-connected areas, but the most common are movement of goods and vehicles in an illegal and prohibited way, falsification of shipping and other documents, illegal release of goods and many others. In the process of disclosing these types of crimes, there is a problem that such crimes are bilateral, so both parties are interested in achieving a piece of benefit. In addition, usually there is no victim [2].
In practice, the following types of bribery can be distinguished:
1) one-time transactions;
2) cooperation between a foreign economic activity participant and an employee of customs authorities on an ongoing basis;
3) bribery in political and industrial structures;
4) indulgence of higher management, between other participants.
Corruption seriously slows down worldwide economic development and poses as
a huge threat against the stability of the current political system. Corruption in Russia is a systemic phenomenon; therefore, an effective fight against it is possible only with the use of a complex of economic, political, legal, social, information-propaganda and other measures. In the system of initial principles of combating corruption, an important place belongs to the principles on which these activities should be based and carried out. In this regard, in order to increase the efficiency of anti-corruption activities, it seems necessary to clarify the general characteristics of the principles and determine their role in the prevention and suppression of corruption.
Punishments for crimes in the customs area are established and regulated by the Criminal Code of the Russian Federation.
Among the most common crimes, the following stand out:
1) taking a bribe (Criminal Code of the Russian Federation, Article 290);
2) extortion (Criminal Code of the Russian Federation, Article 163);
3) fraud (Criminal Code of the Russian Federation, Article 159);
4) forgery, production or circulation of forged documents, state awards, stamps, seals or letterheads (Criminal Code of the Russian Federation, Article 327);
5) misappropriation or embezzlement (Criminal Code of the Russian Federation, Article 160);
6) giving a bribe (Article 291).
There are several types of punishments for such types of crimes including fines and imprisonment. The penalty is based on the severity of the crime, as well as mitigating and aggravating circumstances. For example, the acceptance of a bribe by an officer in the form of luxury goods or cash (virtual) money, provision of other property rights is punished by a fine of up to thirty thousand dollars, or in the amount of wages or other income.
The violator can be convicted for a period of up to two years, either by corrective labor for a term of one to two years with deprivation of the right to occupy certain positions, or imprisonment for a term of up to three years with a fine. If there are additional aggravating circumstances, the punishment under this article may be more serious. Thus, accepting a bribe on an especially large scale may be punishable by a fine in the amount
of three million to five million rubles, or by imprisonment from eight to fifteen years with a fine and deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years or without it [3].
The worst part of the current corruption crime basis is that its scale is getting bigger throughout time and it affects all kinds of legal businesses, negatively impacts the whole customs systems and federal budget [4].
Figure. The most common types of crimes
According to the official information - 268 criminal cases based on different forms of corruption were initiated in 2020. The most popular forms of corruption-related violations are bribery - 82 cases, taking a bribe - 31 case, fraud - 18 cases and others -9 cases.
Table 1
Legal acts regulating crime
Type of crime Legal act
Taking a bribe Criminal Code of the Russian Federation, Article 290
Extortion Criminal Code of the Russian Federation, Article 163
Fraud Criminal Code of the Russian Federation, Article 159
Forgery, production or circulation of forged documents, state awards, stamps, seals or letterheads Criminal Code of the Russian Federation, Article 327
Misappropriation or embezzlement Criminal Code of the Russian Federation, Article 160
Giving a bribe Criminal Code of the Russian Federation, Article 291
For other crimes committed by officials of the customs authorities against the interests of the public service, which are not of a corruption nature (not connected with corruption), 63 criminal cases were initiated. The problem of corruption in the Russian Federation, namely in the customs sphere, is an issue that concerns not only law enforcement agencies, but first of all the whole society, since one of the reasons for the emergence of fraudulent schemes is the condescending attitude towards corruption that has developed over the years.
Table 2
The most common types of corruption-related crimes
Type of crime Number of cases
Bribery 82
Taking a bribe 31
Fraud 18
Others 9
Customs officers actively fight against corruption-related activities in all areas of society. Anti-corruption plans, based on the latest edit of the federal legislation and regional customs offices are issued every year to make long-term strategies to combat corruption. In addition, an independent anti-corruption expertise of draft regulations is carried out by customs services on a regular basis. Heads of structural divisions, in their turn, must.
1. Control the timely submission by subordinate officials of information on income, property, property obligations.
2. Form intolerance to corrupt behavior (conducting individual conversations with employees who violate official discipline, hearing them at a team meeting, reducing monetary incentives) among the personnel.
3. In order to increase the level of legal knowledge of employees, at least once every six months, include and conduct instruction on the prevention of corruption in the customs authorities in the professional training plans.
Russian FSB uses and applies the elements of recruitment in the customs authorities. This system is based on officers' recommendations for each candidate and their prognoses for the future 5 years [5].
summing up, we can say that corruption is deeply rooted in the life and structure of society, so getting rid of it is quite difficult. Nevertheless, corruption poisons and spoils the life of modern society, which is why it is important to develop an effective set of measures to combat corruption.
Corruption permeates all layers of society, both vertically and horizontally, new forms appear that do not yet have a name and an accurate description. Today, at the state level, much attention is paid to the fight against corruption manifestations, anti-corruption programs are used and implemented.
Customs are no exception and are often cited as examples of the most corrupt. Given the important role that customs plays in revenue collection, trade facilitation,
national security insurance and society protection. Economic, social development prospects are affected in a very bad way by the corruption in customs service.
In the customs authorities of Russia, commissions for combating corruption, malfeasance and violation of discipline have been created and are actively functioning. This is manifested both in the practice of applying the Code of Ethics and Official Conduct of Officials of the Customs Authorities of the Russian Federation, and in the implementation of special programs to combat corruption and malfeasance in the customs authorities [6].
References
1. Ivanets G. I. Legal framework for countering corruption in the customs authorities of the Russian Federation // Scientific research. Lyubertsy: State Treasury Educational Institution of Higher Education Russian Customs Academy, 2016. No. 9. P. 58.
2. Loginova A. S. Article "State anti-corruption in the customs authorities of Russia: history and modernity", 2013.
3. Pavlov A. P. Customs Union: Problems of Fighting Corruption / A. P. Pavlov // Bulletin of the Tyumen State University, 2010. No. 2. P. 64-69.
4. Website of the Federal Customs Service. URL: https://customs.gov.ru.
5. "Criminal Code of the Russian Federation" dated 13.06.1996 No. 63-FZ (as amended on 24.02.2021). URL: http://www.consultant.ru.
6. Information materials on the results of the work of anti-corruption units of the customs authorities of the Russian Federation for the 1st quarter of 2018. URL: http://www.customs.ru.
