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Criminal law tools of combatting transnational corruptive criminality

Journal: RUDN Journal of Law (Vol.25, No. 2)

Publication Date:

Authors : ;

Page : 663-684

Keywords : corruption; combatting corruption; bribery; active bribery; passive bribery; transnational corporation; types of corruptive crimes;

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Abstract

One of the most serious problems in the field of combating crime is the fight against transnational corruption crime. This type of crime already (de facto and de jure) exists as international crime and has a specific subject composition, geography of commission and complex objective reasons. The core of transnational corruption crime is bribery widely used by transnational corporations for achieving their corporate purposes. Combatting such crimes by means of criminal law is carried out at various levels: international, interregional, regional, subregional, bilateral, and domestic. The purpose of this article is to characterize transnational corruption, which is one of the forms of self-determination of crime. The article provides a comprehensive classification of corruption crimes based on various criminal law and criminological criteria. The author pays special attention to the fact that all transnational corruption crimes can be divided into main and auxiliary. At the same time, these two types of offences are often inseparable. The author proposes the main directions of criminal law impact on transnational corruption crime, which could be used in both the General part and Special part of criminal law. The methodology of the article is based on the laws of materialist dialectics. The article rests on a wide range of Russian and foreign sources of scientific, legal, statistical, sociological, and other nature. The author applied the following research methods: analysis, synthesis, deduction, induction, systemic-structural method, logicallegal, and comparativelegal.

Last modified: 2021-06-19 09:44:57