Criminal aspects of battling corruption in state authorities

Criminal aspects of battling corruption in state authorities

Tulanov Javokhir Maqsudali ogli

Tashkent State

Master of specialization "The theory and practice of criminal law

specialization ".

Abstract. This article covers the causes of corruption in state administration bodies, the reforms implemented in it, and actions aimed to prevent corruption.

Also, in the process of socio-economic and political changes taking place in our country, the study and research of problems such as the danger of corruption and the need to fight against it, the fact that it is a dangerous socio-political phenomenon for the society, and the fact that the fight against corruption is the demand of the time, is a means that led to these reasons. analyzed.

An attempt was made to determine the socio-economic grounds of the emergence of corruption and the reasons for its increase. The importance of the issues of corruption and the fight against them in the state management bodies was emphasized.

Key words. Corruption, cases of corruption in state administrative organizations, economic reasons, institutional factors, indicators of corruption, consequences of corruption, anti-corruption policy.

Today's period shows that there is a need to study and analyze issues related to the improvement of the activities of state bodies that directly implement anticorruption activities in the fight against corruption.

Today's cycle requires us to be prepared for any dangers that may arise as a result of the events that may occur in the globalizing world, to study world experience and use it for the well-being of our people. The increasing damage caused to the international economy by the commission of corruption-related crimes makes the broader research of the field of combating corruption of particular importance. Based on the information provided by UN Secretary General A. Gutterish, every year in the world there are cases of giving and receiving bribes in the amount of 1 trillion US dollars. Corruption costs the world economy more than $2.6 trillion annually, 5 percent of global GDP, according to the report.1. 1"Corruption is costing the global economy $3.6 trillion dollars every year" 2018. [Electronic source]. URL:

The sounding of these numbers by high-ranking persons is a "warning bell" for the world community, which is a reason for us to be alert.

As we all know, among the large-scale reforms implemented in our country today are improving the effectiveness of law enforcement agencies in the fight against corruption, improving mechanisms for protecting the rights and interests of citizens in the Republic, openness of the activities of state authorities and management bodies, state and parliamentary control, and law enforcement and judiciary. reforms are being carried out to reform the legal basis of the bodies. As an echo of this, in the Corruption Perceptions Index of Transparency International in 2018, Uzbekistan took 158th place. In 2019, it took 153rd place, and in 2020, Uzbekistan took 146th place in the Corruption Perception Index. In the Corruption Perception Index of the International Organization for 2021, Uzbekistan increased by 6 places compared to 2020 and took the 140th place among 180 countries. Based on these numbers, it can be said that as a result of the implementation of significant works in the fight against corruption, progress is seen.

It should be noted that important organizational and legal reforms have been implemented in the field of fighting corruption in our country in recent years. In this regard, about 30 laws, about 100 presidential and government decisions aimed at eliminating systemic problems that cause corruption factors in all spheres of state and public life have been adopted.2.

In particular, we can see that the adoption of the Law "On Combating Corruption" is being considered at the level of state policy, and as a result, it is required to reveal the interests of society and the state.

Decree of the President of the Republic of Uzbekistan on measures to create an environment of intolerant attitude against corruption, to drastically reduce corrupt factors in state and community management, and to expand public participation in this, No. PF-6257 dated 06.07.2021,

The implementation of the Decree No. PF-5729 of the President of the Republic of Uzbekistan dated May 27, 2019 "On measures to further improve the anti-corruption system in the Republic of Uzbekistan" imposes a great responsibility on the state bodies that directly carry out anti-corruption activities. Based on this, we would not be wrong 2From the speech of the Prosecutor General of the Republic of Uzbekistan N. T. Yoldashev (source on the official site of the Prosecutor General's Office on the Telegram social network)//[Electronic source]. URL: to say that the improvement of the activities of these bodies is the demand of today's era.

If we dwell on the statistical figures, during the years 2017-2020, the issue of criminal responsibility of 6,127 officials was resolved. Of these, in 2018, a total of 351 (129 in 2019) were reported to officials of state-owned business entities, and 362 (401 in 2019) to officials of non-state-owned business entities in 2018. Also, in 2017, 142 bln. 662 mln. 559 billion soums in 2018. 174 mln. soums, and 1 trillion in 2019. 853 billion material damage was caused in the amount of soums3.

Issues of corruption in state administrative organizations and the factors that lead to it Although many analyzes have been conducted on the characteristics of the phenomenon of corruption, its origin and factors that lead to its emergence, there is still no objective clear explanation in this regard. Some researchers view corruption as a reflection of human flaws, while others consider corruption to be the result of ineffective laws. A number of other scientists believe that the official system, which causes bureaucracy in the life of society, is the main reason for the existence of corruption in the state. The presence of corruption in state administrative organizations is expressed by a number of negative social factors in the nature of economic, ideological and ethical rules, as well as shortcomings in the activities of state bodies that fight against corruption. It should be noted that conditions for corruption arise due to incomplete and unsystematic legal bases in the fight against corruption, defects in legal norms that create opportunities for corrupt situations. State administrative organizations with a high risk of corruption are authorized to control legality and identify cases of corruption, provide special rights and related documents to engage in certain activities, provide state property on the basis of specific rights, privatize them, change and cancel laws. we can enter organs. Many factors that lead to corruption in the modern economy can be listed, but according to A. Kalman, there is one factor that is the basis of all other factors. This is the lack of strict social and legal control of society over the activities of officials.

The economic causes of corruption are, first of all, the low wages of state body employees and their high powers to influence the activities of organizations and 3Analytical report on officials who committed corruption offenses and other types of crimes in the 12 months of 2017- 2019//[Electronic source]. https://t.me/uzbprokuratura. citizens. Corruption takes root wherever an official is given wide authority. Such situations are especially noticeable in developing and transition countries, but at the same time, this situation is also emerging in developed countries. For example, in the USA, it was found that many corrupt situations were allowed during the implementation of the program of providing preferential housing to needy families. As institutional factors leading to corruption, we can note such cases as closedness in the activities of state bodies, lack of accountability to the public, non-transparency of the legal system, laxity in the country's personnel policy. Insufficient information of the citizens in the society, indifference to the arbitrary situations of the government members of the society are considered as socio-cultural factors. Countries with these three factors (mainly developing and post-Soviet countries) have a much higher level of corruption. In Western countries, the presence of these factors is lower, and therefore corruption indicators in these countries are much better. Also, the following factors are considered by many experts to lead to high rates of corruption in the country: - violation of the principle of unity of executive power - regulation of exactly one activity by different bodies: - weak participation of the population in state control; - the income of employees working in the public sector is less than the income that can be found in the private sector; - regulation of the economy by the state; 27 - disconnection of the country's top management bodies from the population24 So, let's turn to the issue of public sector employees' wages. On the other hand, increasing the monthly salaries of public body employees over the wages of private sector employees may not lead to a sudden drop in corruption indicators, but on the other hand, it will have a positive effect on the gradual improvement of the qualifications of employees and a long-term plan. Officials in countries with low corruption rates earn 3-7 times more than those in the manufacturing sector. Another question that causes many disputes is the role of the state in controlling and regulating the market. Proponents of a free economy believe that government intervention in the economy and the growth of competition will lead to a decrease in corruption indicators. In fact, many countries with low corruption rates have a free economy, and vice versa, a planned economy characterized by monopolies and below-market prices allows bribery in order to obtain fewer goods and services. Also, the following legal factors can affect corruption and its growth: - gaps in the legal bribes for six different deals, including paying taxes, obtaining permits or licenses, and connecting to public services. - gaps in legal regulation and control of anti-corruption policy; - dominance over the national legislation controlling the economy; - rule over the norms of criminal and administrative legislation; - obvious lack of administrative and legal restrictions that should be imposed on the activities of officials given certain authority. Uzbekistan is among 16 countries that demonstrate long-term positive dynamics in the fight against corruption. Uzbekistan is improving its position every year. In 2019, Uzbekistan took 153rd place out of 180 countries with 25 points, and in 2010 it was 172nd with 16 points. If we look at the 2021 ranking compiled by this organization, Uzbekistan is now ranked 140th with 28. According to Transparency International's 2020 anti-corruption barometer, only 18 percent of respondents in Uzbekistan reported paying bribes, and only 23 percent listed corruption as one of the country's top three problems. According to public surveys, representatives of the most corrupt sectors are road patrol officers (17 percent of participants admitted that they paid bribes), education and medical personnel (16 percent admitted). When asked what prevents participants from reporting corruption, 39% said they did not know the answer to this question, with the second most common answer being "Fear of negative consequences" (17%). . In a survey of businesses, the World Bank attempts to assess the situation in which firms are offered bribes for six different deals, including paying taxes, obtaining permits or licenses, and connecting to public services. - gaps in legal bribes for six different deals, including paying taxes, obtaining permits or licenses, and connecting to public services. 39% said they did not know the answer to this question, with the second most common answer being "Because of fear of negative consequences" (17%). In a survey of businesses, the World Bank attempts to assess the situation in which firms are offered bribes for six different deals, including paying taxes, obtaining permits or licenses, and connecting to public services. 39% said they did not know the answer to this question, with the second most common answer being "Because of fear of negative consequences" (17%). In a survey of businesses, the World Bank attempts to assess the situation in which firms are offered bribes for six different deals, including paying taxes, obtaining permits or licenses, and connecting to public services.4According to the results of this study, the situation in Uzbekistan is better than the average indicators in the world and in Europe and Central Asia. For example, in 4https://www.transparency.org/en/cpi/2021 Uzbekistan, only 6% of all the companies that participated in the survey stated that they faced the demand for bribes in their practice, this indicator is 17% in the world, and 11% in the Europe and Central Asia region26. According to the results of the public opinion survey, the "Social Opinion" center found that the level of corruption and bribery is high in some places. For example, according to citizens, in 2018, the health and medical sector was the most prone to corruption and bribery. The next areas are education and tax.

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