反腐败与非法敛财是反腐败的经济表现

E. V. Zolotarev, I. V. Sergeev, N. Lapenkova, Yurii A. Krupnov
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摘要

今天,根据《俄罗斯联邦至2030年经济安全战略》,腐败被视为国家经济安全的主要内部威胁之一。然而,实践表明,它不仅从内部破坏了国家管理机制,而且越来越多地被西方用来施加压力,诱使某些在国外拥有非法资产的俄罗斯官员从事非法合作。在这方面,建立和发展打击官员非法敛财的有效机制将有助于破坏腐败的经济基础。这项工作使用辩证和比较的法律方法,一种系统的方法,对经验和事实信息的表格解释。本文探讨了非法致富责任法律制度的起源,以及国外对其进行规制巩固的经验。分析了俄罗斯将非法浓缩定为刑事犯罪的企图。在俄罗斯法律制度发展的目前阶段,国内科学家对将其定为犯罪的权宜之计的立场进行了审议。笔者提出的方法是为了在俄罗斯刑法中确定官员非法敛财责任。本文认为,贪污罪的一个特点和最终目的是谋取利益(非法得利)。官员非法敛财是对俄罗斯联邦经济安全的严重威胁。在这方面,俄罗斯的刑法应规定官员取得资产的所有权或使用,其价值大大超过其本人及其妻子(配偶)的合法收入,以及为第三方利益取得此类资产的责任。
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Anti-Corruption and Illicit Enrichment as its Economic Manifestation
Today, corruption, in accordance with the Economic Security Strategy of the Russian Federation for the period up to 2030, is considered as one of the key internal threats to the economic security of the country. However, practice shows that it not only destroys the mechanism of state administration from within, but is increasingly being used by the West to exert pressure and induce certain Russian officials who have illegal assets abroad to engage in illegal cooperation. In this regard, the creation and development of effective mechanisms to counter illegal enrichment of officials will help to undermine the economic foundations of corruption. The work uses dialectical and comparative legal methods, a systematic approach, tabular interpretation of empirical and factual information. The article explores the genesis of the legal institution of responsibility for illicit enrichment, foreign experience of its regulatory consolidation. Analyzed attempts to criminalize illicit enrichment in Russia. The positions of domestic scientists regarding the expediency of its criminalization at the present stage of development of the Russian legal system are considered. The authors' approach is proposed to fix in the criminal law of Russia responsibility for illegal enrichment of officials. The authors come to the conclusion that a characteristic feature and the ultimate goal of all corruption offenses is the focus on obtaining benefits (illicit enrichment). Illegal enrichment of officials is a serious threat to the economic security of the Russian Federation. In this regard, the criminal law of Russia should provide for liability for the acquisition by an official of the ownership or use of assets, the value of which significantly exceeds the legal income of this person and his wife (spouse), as well as for the acquisition of such assets in the interests of third parties.
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