home » Conifers in design » The head of the French Interior Ministry resigned due to suspicions of corruption. Anti-corruption legislation in France Problems and methods of combating corruption using the example of France

The head of the French Interior Ministry resigned due to suspicions of corruption. Anti-corruption legislation in France Problems and methods of combating corruption using the example of France

Le Roux's ministerial career ended before it actually began: he received the post of head of the Ministry of Internal Affairs quite recently - in December 2016.

According to Franceinfo, Le Roux's daughters worked as assistants to deputies in the National Assembly, the lower house of the French parliament. The politician himself explained that his schoolgirl daughters worked on a casual basis during the holidays.

According to the publication, schoolgirls received about €55 thousand for temporary work from 2009 to 2016. The girls participated in tenders for the development of programs as part of increasing the transparency of parliamentary and public activities. Thus, one of the daughters was able to conclude 14 contracts, the second - 10.

At the same time, French legislation does not prohibit hiring relatives, and the suspicion of the French press was aroused by the fact that schoolgirls aged 15 and 16 could not have sufficient competence to receive such serious contracts in the parliamentary secretariat.

“My daughters worked legally, they entered into official contracts and did real work,” Bruno Le Roux commented on the press investigation.

However, despite the words about the legality of the actions, the minister chose to resign, bearing in mind the recent incriminating evidence against the wife of a presidential candidate, for whom the refusal to leave the post cost a collapse in ratings and the loss of leading positions in the election race.

Political assassinations of candidates

In France, a series of corruption scandals that began this winter continues. According to a number of French politicians, incriminating evidence is beneficial mainly to the ruling socialists, whose candidate, Benoit Hamon, has relatively low support among the population, about 12.5%.

At the same time, this statement after the resignation of socialist Bruno Le Roux may indicate that no one is untouchable.

Russian experts agree that the departure of the head of the French Ministry of Internal Affairs does not at all mean that this is a targeted blow to the socialists, but only reflects the general trends of this presidential race.

“Le Roux’s resignation is not a blow to the socialists, because it’s too late to strike, they have already discredited themselves more than possible during the presidency,” the director of the Center for European Studies told Gazeta.Ru.

A series of corruption scandals began with accusations against candidate François Fillon, whom sociologists predicted would win the election. Now this scenario is unlikely to be realized. After incriminating evidence emerged on the candidate’s wife, who had been fictitiously working as her husband’s assistant for eight years, the presidential candidate himself was under criminal investigation.

The second most likely candidate for the post of head of state was, against whom an investigation is also underway. She is also accused of fictitious hiring of employees. MEPs even deprived the leader of the National Front of parliamentary immunity.

Former Economy Minister Emmanuel Macron, who is nominated by the Forward! Macron is suspected of embezzlement of public funds during his time as minister. Thus, his visit to the CES electronics exhibition in Las Vegas cost the country’s budget €400 thousand.

“Macron’s advantage is his youth, but he is accused of using hospitality expenses for receptions, for meetings with the people he needed. However, the accusations are quite vague, because this still needs to be proven,” commented Yuri Rubinsky.

At the same time, the development of the pre-election situation in France confirms that “the reserve of political strength of the Fifth Republic has been exhausted” and “France needs internal political reform,” believes Timofey Bordachev.

Anti-corruption legislation in France is aimed at combating malfeasance by government officials who make political and administrative decisions, as well as countering the activities of political parties that use illegal methods of financing and conducting election campaigns.

The Criminal Code includes an article prohibiting government officials from working for a company that they controlled while in public service for 5 years after resignation. Failure to comply with this requirement was punishable by up to two years' imprisonment and a fine of 200 thousand francs. In connection with the adoption of the Charter on the Civil Service, liability under this article was tightened.

French legislation places more emphasis on administrative rather than criminal penalties.

In this case, the main goal is to prevent “inappropriate combination of personal financial interests and the performance of official functions of a civil servant.”

Government officials can participate in elections without losing their status. They are allowed to combine their work with elected office at the local level. If they are elected to the national parliament, they are required to take leave from service, but after the expiration of their parliamentary term, they have the right to return to their previous position without any restrictions.

After their resignation, ministers are prohibited from holding leadership positions in public or private companies for six months. This does not apply to persons who, before being appointed to a ministerial post, had already worked in the specified areas.

In France, a legal and organizational framework has been created for the transparency of income and property declarations of high-ranking government officials.

Among the acts aimed at combating corruption crimes, one should also mention the decision of the government of March 11, 1988 on the publication of acts of political parties and data on expenses for election campaigns, on the mandatory declaration of income of ministers and parliamentarians.

In 1991, France created an Interdepartmental Commission to monitor the markets for government contracts and public works, and in 1993 the range of activities aimed at complying with the rules for concluding contracts for public works was expanded. During the same period, a form of corruption such as patronage was introduced into legislation. It refers to the actions of officials in charge of the distribution of orders who provide illegal benefits to private enterprises.

In 1995, the Seguin Law was passed, giving the Court of Accounts the right to control the process of appointment to public service.

Almost simultaneously, the Commission on Financial Transparency of Political Life was created, which controls the property status of parliamentarians. In accordance with the Law, each member of the French National Assembly, after his election, is required to provide financial accounts of the funds spent on the election campaign, as well as a “declaration of honor” indicating the amount of personal property. The same declarations are submitted by members of the European Parliament, members of the general and regional councils.

The anti-corruption system includes special units of the criminal police, the Ministry of Internal Affairs, the prosecutor's office, the customs service and the tax inspectorate.

The coordination of this activity is entrusted to the Central Interdepartmental Service under the Ministry of Justice for the Prevention of Corruption.

The Tracfin service, created in 1991 under the French Ministry of Economy and Finance, also plays an important role in combating corruption. This body was created to combat the laundering of illegal proceeds from drug trafficking. Then, cases of the import and export of capital received from the illegal arms trade, and, as a result, corruption of major French government officials came into his field of vision.

Currently, Trakfin is dealing with the whole range of problems associated with laundering “dirty” money through the banking network.

Marcou Gerard, professor at the University of Paris 1 Panthéon-Sorbonne.

The experience of France in the field of anti-corruption is analyzed, as well as the legal regulation in force in this country regarding the application of criminal liability in this area, the practice of administrative control and the regulation of conflicts of interest is considered.

Corruption is a phenomenon that exists in all societies and in all eras. It always weakens the economy, undermines social relations and trust between people. The impact of corruption on society depends on the extent to which it is widespread, on the implementation of effective measures and political will aimed at combating corruption, as well as on the behavior of citizens and public attitudes.

Corruption is both an economic and moral phenomenon that puts personal, selfish interest above all other interests, which creates a danger for society and the state.

It is difficult to define corruption because that it manifests itself in various forms. Despite this, we can agree with the following general definition : corruption is any action aimed at achieving or obtaining any benefits, privileges or benefits through illegal conspiracies and bribes. Various crimes may fall under this definition.

In the process of building a modern state In France, the fight against corruption has always been important. For example, Napoleon Bonaparte, who said of army suppliers that they were all thieves, for the first time established the regulation of government contracts to prevent corruption and collusion between officials and suppliers.

At the beginning of the 19th century. in the public administration, a division was introduced between officials in charge of expenses and accountants: the one who managed the money had to check the expenses authorized by the officials, and the one who authorized the expenses could not manage the money. Writer and scientist Vivien in the 40s. XIX century wrote that financial management is based on the principle of distrust.

However, today corruption has become more complex, in particular, direct bribery is being replaced by indirect use of the personal interests of influential people in order to influence their decisions. Therefore, it is necessary to fight not only corruption, but also all violations of integrity.

Main sources of corruption are in the following areas: government orders and contracts for the provision of public services to the population by private enterprises; town planning permits; police activities; use or sale of government property. In addition, corruption can be a source of funding for political activities.

According to a 2010 report by the Central Service for the Prevention of Corruption, the situation in France today is unsatisfactory. In 2010, France was in 25th place among all countries in terms of corruption in public administration and among politicians. It is necessary to adapt legislation to new forms of violation of integrity and fight society’s tolerance towards such facts.

In France, the fight against corruption has traditionally been based on criminal law and administrative procedures and control. Today she also applies to the regulation of political financing and the prevention of conflicts of interest. It is necessary to link administrative control with criminal prosecutions and introduce new regulation of conflicts of interest.

Crimes defined by criminal law. Along with traditional ones, modern legislation reflects new types of crimes that correspond to the development of new forms of corruption, in particular in the field of international corruption.

The first codification was carried out during the French Revolution and the First Empire, when a distinction was made between corruption and bribery. After during the 19th and 20th centuries. the legislation expanded the range of corruption crimes, differentiated them and introduced new liability measures so that criminal legislation corresponds to the development of the functions and tasks of the state. Today, legislation provides for corruption crimes not only in relations with the public administration, but also in relations between private individuals. Thus, corruption by an employee of a private enterprise is a crime.

The Criminal Code defines 16 different types of crimes in the field of corruption and integrity violations. They can be grouped as follows:

Corruption as the achievement of providing any benefit for oneself or someone else through illegal conspiracies;

Using your position for personal interests to obtain income or any valuables (bribery);

Using your influence on decision-making in order to obtain or provide benefits (“influence trading”);

Favoritism (preference);

Interference in the resolution of a matter in which there is a personal interest.

In the early 1990s. The French Criminal Code has been supplemented by the definition of a new crime affecting public procurement: the crime of favoritism (preference). The crimes of favoritism consist, firstly, of using connections when enterprises receive unjustified benefits, for example, with inflated contract costs; Secondly, in violation of procedures. It is possible to prosecute individuals involved in such transactions, even in cases where it cannot be proven that they received a benefit. Thus, the combination of improper behavior and unjustified benefit indicates a crime.

Deputies and officials must declare their property at the beginning and end of their term of office. An independent commission examines the declarations and refers the case to the prosecutor when there are changes in the person's property status that cannot be explained. The obligation to declare assets applies to the heads of public sector institutions and companies.

Due to France's ratification of the UN Convention against Corruption by Law of 13 November 2007 The list of corruption crimes was expanded and two new crimes were introduced. From now on individuals are punished for corruption against foreign employees and for using their influence on employees of international organizations. Severe penalties are imposed on judges and other employees of national or international courts. Bribing or influencing witnesses, as well as any attempt to distort judicial decisions, is criminalized. The law also the scope of application of organized crime investigation procedures in relation to corruption cases has been expanded. Finally, legal entities involved in these crimes are punished.

In 2009, according to the public criminal record, French courts handed down 162 verdicts in cases of corruption in the strictest sense of the word (65), cases of “peddling in influence” (36) and cases of favoritism (20). However, this is not complete data on cases of integrity violations: cases that resulted only in disciplinary liability, as well as cases of conflict of interest, are not taken into account here.

Finally, By Law of November 13, 2007 protection was introduced for employees who uncovered cases of corruption that became known to them within the framework of official relationships, or supported the prosecution as witnesses. If negative measures are taken against an employee, the manager must prove that they are not related to the anti-corruption activities of this person. However, such a norm does not exist in the legislation on civil service and service in local government bodies.

Administrative procedures and control in the fight against corruption. One of the purposes of administrative procedures is to prevent corruption. Government contracting and permitting procedures are consistent with this goal. Administrative control is carried out by heads of organizations, departmental inspectorates, the Central Corruption Prevention Service, the Accounts Chamber and regional audit chambers. In addition, according to Part 2 Art. 40 Code of Criminal Procedure In France, every civil servant (or local government employee) who, as part of the performance of his functions, comes to the attention of information about an illegal act must immediately report it to the prosecutor. Unfortunately, this rule is rarely applied, because the law does not provide for liability for failure to fulfill this obligation and there is no adequate protection of the employee by law.

The Central Service for the Prevention of Corruption was established by the Law of 29 January 1993 on the Prevention of Corruption and on the Transparency of Economic Activities and Public Procedures. This is an independent interdepartmental service under the Minister of Justice, the head of which is appointed from among the members of the judicial magistracy, and the employees are appointed from among officials of various departments. Initially, the service was endowed by law with investigative powers, but the Constitutional Council declared these provisions unconstitutional: such powers could pose a threat to individual freedom because they were not administratively limited and were exercised without judicial protection. Subsequently, the powers of the Service were significantly reduced and have not been expanded since then.

Today, the Central Corruption Prevention Service performs the following tasks:

Collects and analyzes information on corruption cases (detection, prevention and publication of an annual report on these offenses);

Assists and advises various political, administrative and judicial authorities on corruption cases at their request (e.g. prefects, financial courts, competition authority, financial market supervisory authority and others). However, the number of such requests is decreasing, which is due to the insufficient influence of the Service and the formation of a tendency to conceal cases of a criminal nature;

Provides assistance in the international fight against corruption, for example, participates in anti-corruption activities ordered by the Council of the European Union in 2008 and within the framework of the Organization for Economic Co-operation and Development.

In a 2010 report, the Central Corruption Prevention Service proposed further changes to the Law to strengthen its powers, in particular its investigative powers, taking into account the limits set by the Constitutional Council, and to expand its powers in the area of conflicts of interest according to the opinion of the State Council Commission (January 2011). ).

Besides, Administrative control in the financial sector is carried out by the national Chamber of Accounts and regional chambers of accounts, which audit the activities of state bodies and local governments in this area. After the inspection, the Chamber discusses the offenses and crimes discovered by the inspections and sends the corresponding document to the inspected body and the prosecutor at the Accounts Chamber. In 2010, according to information from regional audit chambers, the prosecutor allowed criminal prosecution in 23 cases.

Illegal financing of political activities. One form of corruption is the illegal financing of political activities and election campaigns. Money can greatly influence political decisions and distort voter choices, particularly when political funding is not transparent. That's why since the late 1980s legislation regulates the financing of political campaigns and the financing of political parties and associations.

Spending on financing election campaigns is limited by law. The cost limit depends on the category of elections and on the number of residents in the case of local elections. Each candidate must appoint only one commissioner, who collects the money and submits a campaign finance report to an independent commission. Only citizens can participate in financing the campaign. They must do this openly. Legal entities, with the exception of political parties and associations, do not have the right to finance elections. If there are no violations, the state will compensate part of the costs. If irregularities occur, the commission submits a report to the court, which can annul the election result and declare the incorrectly elected candidate ineligible. If there are violations that do not entail non-approval of the financial report on the election campaign, the commission may reduce the amount of the state lump-sum compensation (Law of April 14, 2011).

By Law of March 11, 1988 the financing of political parties and associations is regulated, state lump-sum funding is organized according to the results of elections of deputies (the number of votes and the number of mandates) and the level of financing of political parties and associations by individuals is limited: it must not exceed €7,500 annually in the form of open donations. Donations from legal entities are prohibited.

Practice shows that these legislative provisions are not enough to combat illegal financing of political activities. According to the Law, not only political parties, but also territorial and specialized organizations appointed by them can raise funds by appointing a single financial representative - an individual or association. But the Law does not limit either the number of organizations associated with political parties or the number of political associations.

Although some investigations into illegal funding are ongoing, the legislation could be said to create more transparency in political funding and limit cost increases.

Managing Conflicts of Interest. The concept of conflict of interest appeared in the field of public relations relatively recently. In the beginning, there was a professional rule among lawyers: you cannot represent conflicting interests. According to the Law on the Rights and Responsibilities of Employees of State or Local Government Bodies, these employees must fully devote themselves to the performance of their official duties and cannot carry out private activities for personal gain. There are only a few exceptions to this provision. In addition, interfering with a matter in which there is a personal interest is a criminal offense.

However, due to the decrease in citizens' trust in the state and the increasing individualism in our society, the possibility of a conflict between a person's special interests and the public benefit associated with his position must be taken into account. Several countries have enacted legislation in this area, and several international organizations have addressed this issue and proposed a definition of economic conflict of interest.

Specifically, the 2005 guidelines The Organization for Economic Cooperation and Development states that “a conflict of interest means a conflict between a public position and the special interests of a public servant, in which the personal interests of the employee may influence the improper performance of his official duties and his responsibility.”. Council of Europe Regulation No. 10 of 11 May 2000 on codes of conduct for public servants states: “A conflict of interest arises from a situation in which a public servant has a personal interest that could affect the impartial and objective performance of his duties.”

In France, the Central Service for the Prevention of Corruption adopted a similar definition of conflict of interest in its annual report in 2004. In addition, Law of February 2, 2007 on the modernization of the public service, a former public servant is prohibited from performing functions, holding a position in an enterprise that was supervised by him, entering into contracts or taking part in resolving issues affecting this enterprise for three years after the termination of official relations with a state or local government body. Violation of this rule is considered a crime. However, previously a five-year period was established. It appears that this change is unjustified, because the three-year period is easier to circumvent through corruption conspiracy. Besides, By Law of February 29, 1993 An ethics commission has been established under the head of government, which reviews the position of a public servant and checks the compatibility of interests, functions, positions with the functions performed by him in a state or local government body. The commission also considers cases of termination of functions and part-time work. The Commission only accepts notices; but based on the results of its activities, criminal prosecution of the employee is possible if he commits a crime. According to the 2011 report, the ethics commission reviewed 3,386 cases.

A conflict of interest in itself is not a crime and does not indicate corruption; This is a question of professional ethics, which affects many other issues. But conflicts of interest can create conditions for corruption and a tolerant attitude towards it, as well as weaken trust in the state and its institutions.

In 2010, following the publication of several cases of conflict of interest that raised suspicions of corruption and led to investigative actions, the government, by Decree of September 10, 2010, created the Commission for the Prevention of Conflicts of Interest in Public Life, chaired by the Deputy President of the State Council.

In January 2011, the Commission published a report. The purpose of the report was to clarify the concept of conflict of interest and determine the legal framework for preventing and eliminating this phenomenon. According to the definition proposed by the Commission, a conflict of interest concerns only the conflict between the individual self-interest of an employee and the public benefit in the performance of his official duties. It is necessary to exclude any suspicion based on the employee’s belonging to any social group, religion, nationality, etc. Finally, the regulation of conflicts of interest should not lead to suspicion of state and local government bodies and prevent the performance of duties by employees of these bodies.

Based on the Commission's report, the government drafted a bill (the Draft Organic Law on Courts) and introduced it into Parliament in July 2011. The bill provides for strengthening the duties on identifying the special interests of employees and officials, expanding the scope of these duties and creating an independent body for ethics and prevention of conflicts of interest instead of the said Commission. However, before the presidential elections in May 2012, it was impossible to discuss and adopt the Law, and now we should expect decisions by the new government on this issue.

The fight against corruption must not stop. It requires a combination of legal, political and pedagogical measures and the fulfillment of mutual obligations of all levels of government and society. But most of all, success in combating corruption depends on public opinion and, in particular, on a decrease in the level of tolerance of society in relation to this negative phenomenon.

Noel Pons, director of the French Anti-Corruption Center: “A bribe is real corruption. And according to our data, only 20% of the population are angelically pure and immediately go to heaven without taking a single centime in their lives. Another 20% are malicious corrupt officials who stop at nothing. And the remaining 60% would like to participate in illegal activities, but are simply afraid.”

The first anti-corruption law in France appeared 15 years ago. The reason for this was not a major financial and economic scandal, which, as they say, was the last straw. The fact is that in 1993 in France, all political parties - ruling or opposition - were financed either from private funds or from charitable donations. Moreover, with gross violations of the law.

It was then, in 1993, that the All-French Anti-Corruption Center appeared. A total of 14 employees: lawyers, police officers, investigators, judges, tax officials, etc. Noel Pons, formerly a financial controller, then wrote a programmatic work that became a bestseller - “White Collars - Dirty Hands.” This is about corruption in the purchase of players and entire football clubs.

The Anti-Corruption Center does not investigate criminal cases, it determines legal mechanisms, and most importantly, explains what constitutes corruption in each specific case.

necessary conditions for a person or organization to exercise their rights; conflict of law; the use of ambiguous or unsettled concepts, formulations, categories of an evaluative nature, allowing for different interpretations, etc.10

The above indicates a wide range of corruption factors found in regulatory legal acts. At the same time, a bright picture emerges that allows the expert organization and (or) expert to decide by what criteria and provisions an anti-corruption examination of regulatory legal acts and their drafts should be carried out. The most common among them are those that can be attributed to the main corruption factors - the breadth of discretionary powers, incompleteness and uncertainty of administrative procedures, legal and linguistic uncertainty, gaps and conflicts in the law, which give the law enforcement officer the right to choose legal norms. Many of them can act as derivatives of corruption factors that

10 See: Lawmaking of authorities in the Russian Federation: problems of theory and practice / ed. O. I. Tsybulevskaya. Saratov, 2009. P. 216.

can be included in the content of the main ones. Thus, failure to indicate the timing of actions, failure to indicate a complete list of documentation can be considered within the framework of such a main corruption factor as incompleteness and uncertainty of administrative procedures. Of course, such a classification is conditional.

Tajikistan has chosen the path of building a rule of law state, and the state’s anti-corruption policy plays an important role here. Anti-corruption examination of regulatory legal acts, as well as their projects, as an integral part of the state’s anti-corruption policy, is designed to counteract corruption by preventing the penetration of corrupt elements into regulatory legal acts at the stage of their development, as well as identifying and eliminating them in existing regulatory legal acts.

The attempt made to consider the role of anti-corruption examination of regulatory legal acts in combating corruption by identifying corruption factors in regulatory legal acts and their removal is only a statement of the problem, which requires a more in-depth and thorough analysis.

The fight against corruption in France

MARCO Gerard,

Professor at the University of Paris 1

Pantheon-Sorbonne

widespread, from the implementation of real measures and political will aimed at combating corruption, as well as from the behavior of citizens and the attitude of society.

Corruption is both an economic and moral phenomenon that puts personal, selfish interest above all other interests, which creates a danger for society and the state.

Defining corruption is difficult because it comes in many forms. Despite this, we can agree with the following general definition: corruption is any action aimed at achieving or obtaining any benefits, privileges or benefits through illegal conspiracies and bribes. Various crimes may fall under this definition.

In the process of building a modern state in France, the fight against corruption has always been important. For example, Napoleon Bonaparte, who said of army suppliers that they were all thieves, for the first time established the regulation of government contracts to prevent corruption and collusion between officials and suppliers.

At the beginning of the 19th century. in the public administration, a division was introduced between the officials in charge of expenses and the accountants: the one who managed the money had to check the expenses authorized by the officials, and the one who authorized the expenses could not manage the money. Writer and scientist Vivien in the 40s. XIX century wrote that financial management is based on the principle of distrust.

The main sources of corruption are in the following areas: government contracts and contracts for the provision of public services to the population by private enterprises; town planning permits; police activities; use or sale of government property. In addition, corruption can be a source of funding for political activities.

According to a 2010 report by the Central Service for the Prevention of Corruption, the situation in France today is unsatisfactory. In 2010, France ranked 25th among all countries in terms of corruption in public administration and among politicians. It is necessary to adapt legislation to new forms of violation of integrity and fight society’s tolerance towards such facts.

In France, the fight against corruption has traditionally been based on criminal legislation and administrative procedures and controls. Today it also extends to the regulation of political financing and the prevention of conflicts of interest. It is necessary to link administrative control with criminal prosecutions and introduce new regulation of conflicts of interest.

Crimes defined by criminal law.

Along with traditional ones, modern legislation reflects new types of crimes that correspond to the development of new forms of corruption, in particular in the field of international corruption.

The first codification was carried out during the French Revolution and the First Empire, when a distinction was made between corruption and bribery. Then during the 19th and 20th centuries. The legislation expanded the range of corruption crimes, differentiated them and introduced new measures of liability so that criminal legislation corresponded to the development of the functions and tasks of the state. Today, legislation provides for corruption crimes not only in relations with the public administration, but also in relations between private individuals. Thus, corruption by an employee of a private enterprise is a crime.

The Criminal Code defines 16 different types of crimes in the field of corruption and integrity violations. They can be grouped as follows:

corruption as the achievement of providing any benefit for oneself or someone else through illegal conspiracies;

using one’s position for personal interests to obtain income or any valuables (bribery);

using one’s influence on decision-making in order to obtain or provide benefits (“influence trading”);

favoritism (preference); interference in the resolution of a case in which there is a personal interest.

In the early 1990s. The French Criminal Code has been supplemented by the definition of a new crime affecting public procurement: the crime of favoritism (preference). Crimes of favoritism consist, firstly, of using connections to obtain unjustified benefits for enterprises, for example, inflating the cost of contracts; secondly, in violations of procedures. It is possible to prosecute individuals involved in such transactions, even in cases where it cannot be proven that they received a benefit. Thus, the combination of improper behavior and unjustified benefit indicates a crime.

Due to France's ratification of the UN Convention against Corruption

rupations The Law of November 13, 2007 expanded the list of corruption crimes and two new crimes were introduced. From now on, individuals are punished for corruption against foreign employees and for using their influence on employees of international organizations. Severe penalties are imposed on judges and other employees of national or international courts. Bribing or influencing witnesses, as well as any attempt to distort judicial decisions, is criminalized. The law also expands the scope of application of organized crime investigation procedures in relation to corruption cases. Finally, legal entities involved in these crimes are punished.

Finally, the Law of November 13, 2007 introduced protection for employees who uncovered cases of corruption that became known to them within the framework of official relationships, or supported the prosecution as witnesses. If negative measures are taken against an employee, the manager must prove that they are not related to the anti-corruption activities of this person. However, such a norm does not exist in the legislation on civil service and service in local government bodies.

Administrative procedures and control in the fight against corruption. One of the purposes of administrative procedures is to prevent corruption. Procedures for

Government procurement contracts and permitting procedures are consistent with this goal. Administrative control is carried out by the heads of organizations, departmental inspectorates, the Central Service for the Prevention of Corruption, the Accounts Chamber and regional audit chambers. In addition, according to Part 2 of Art. 40 of the French Code of Criminal Procedure, every civil servant (or local government employee) who, as part of the performance of his functions, has received information about an illegal act must immediately report it to the prosecutor. Unfortunately, this rule is rarely applied, because the law does not provide for liability for failure to fulfill this obligation and there is no adequate protection of the employee by law.

The Central Service for the Prevention of Corruption was established by the Law of January 29, 1993 on the Prevention of Corruption and on the Transparency of Economic Activities and Public Procedures. This is an independent interdepartmental service under the Minister of Justice, the head of which is appointed from among the members of the judicial magistracy, and its employees are appointed from among officials of various departments. Initially, the service was endowed by law with investigative powers, but the Constitutional Council declared these provisions unconstitutional: such powers could pose a threat to individual freedom because they were not administratively limited and were exercised without judicial protection. Subsequently, the powers of the Service were significantly reduced and have not been expanded since then.

Today, the Central Corruption Prevention Service performs the following tasks:

collects and analyzes information on corruption cases (detection, prevention and publication

annual report on these offences);

assists and advises various political, administrative and judicial authorities in cases of corruption at their request (for example, prefects, financial courts, competition authority, financial market supervisory authority and others). However, the number of such requests is decreasing, which is due to the insufficient influence of the Service and the formation of a tendency to conceal cases of a criminal nature;

provides assistance in the field of international fight against corruption, for example, participates in anti-corruption activities by decision of the Council of the European Union in 2008 and within the framework of the Organization for Economic Cooperation and Development.

In a 2010 report, the Central Corruption Prevention Service proposed further changes to the law to strengthen its powers, in particular its investigative powers, taking into account the limits set by the Constitutional Council, and to expand its powers in the area of conflicts of interest, according to the opinion of the State Council Commission (January 2011). )

In addition, administrative control in the financial sector is carried out by the national Chamber of Accounts and regional chambers of accounts, which audit the activities of state bodies and local governments in this area. After the inspection, the Chamber discusses the offenses and crimes discovered by the inspections and sends the corresponding document to the inspected body and the prosecutor at the Accounts Chamber. In 2010, according to information from regional audit chambers, the prosecutor allowed criminal prosecution in 23 cases.

Illegal financing of political activities. One of the forms of corruption is illegal

general financing of political activities and election campaigns. Money can greatly influence political decisions and distort voter choices, particularly when political funding is not transparent. Therefore, since the late 1980s. legislation regulates the financing of political campaigns and the financing of political parties and associations.

The Law of March 11, 1988 regulates the financing of political parties and associations, organizes lump-sum state funding according to the results of elections of deputies (number of votes and number of mandates) and limits the level of financing of political parties and associations by individuals: it should not exceed 7,500 euros annually in

form of open donations. Donations from legal entities are prohibited.

Practice shows that these legislative provisions are not enough to combat illegal financing of political activities. According to the law, not only political parties, but also territorial and specialized organizations appointed by them can raise funds by appointing a single financial representative - an individual or association. But the law does not limit either the number of organizations associated with political parties or the number of political associations.

Although some investigations into illegal funding are ongoing, the legislation could be said to create more transparency in political funding and limit cost increases.

Management of conflicts of interest. The concept of conflict of interest appeared in the field of public relations relatively recently. In the beginning, there was a professional rule among lawyers: you cannot represent conflicting interests. According to the law on the rights and responsibilities of employees of state or local government bodies, these employees must fully devote themselves to the performance of their official duties and cannot carry out private activities for personal gain. There are only a few exceptions to this provision. In addition, interfering with a matter in which there is a personal interest is a criminal offense.

However, due to the decrease in citizens' trust in the state and the increasing individualism in our society, the possibility of a conflict between the special interests of an individual and the public benefit associated with his duty must be taken into account.

ness. Several countries have enacted legislation in this area, and several international organizations have addressed this issue and proposed a definition of economic conflict of interest.

Specifically, the Organization for Economic Co-operation and Development's 2005 guidelines state that “a conflict of interest means a conflict between a public office and the special interests of a public official in which the employee's personal interests may influence his failure to perform his official duties properly and his responsibility.” Council of Europe Regulation No. 10 of 11 May 2000 on codes of conduct for public servants states: “A conflict of interest arises from a situation in which a public servant has a personal interest that could affect the impartial and objective performance of his duties.”

In France, the Central Service for the Prevention of Corruption established a similar definition of conflict of interest in its annual report in 2004. In addition, the Law of February 2, 2007 on the modernization of the public service prohibits a former public servant from performing functions, holding a position in an enterprise that was under his supervision, or entering into contracts or take part in resolving issues affecting this enterprise within three years after the termination of official relations with a state or self-government body. Violation of this rule is considered a crime. However, previously a five-year period was established. It appears that this change is unjustified, because the three-year period is easier to circumvent through corruption conspiracy. In addition, the Law of February 29, 1993 established an ethics commission under the head of government, which reviews the situation of public

personal employee and checks the compatibility of interests, functions, positions with the functions performed by him in a state or self-government body. The commission also considers cases of termination of functions and part-time work. The Commission only accepts notices; but based on the results of its activities, criminal prosecution of the employee is possible if he commits a crime. According to the 2011 report, the ethics commission reviewed 3,386 cases.

In 2010, following the publication of several cases of conflict of interest that raised suspicions of corruption and led to investigative actions, the government, by decree of September 10, 2010, created the Commission for the Prevention of Conflicts of Interest in Public Life, chaired by the Deputy President of the State Council.

bodies of state and self-government and interfere with the performance of duties by employees of these bodies.

Based on the Commission's report, the government drafted a bill (the Draft Organic Law on the Courts) and introduced it to Parliament in July 2011. The bill provides for strengthening the duties on identifying the special interests of employees and officials, expanding the scope of these duties and creating an independent body for ethics and prevention of conflicts of interest instead of the said Commission.

However, before the presidential elections in May 2012, it was impossible to discuss and adopt the law, and now we should expect decisions by the new government on this issue.

The work of the Corruption Eradication Commission and the role of official authorities in the fight against corruption

in Indonesia

ABIDIN Said Zainal,

Advisor to the Eradication Commission

corruption of the Republic of Indonesia

The Indonesian legal system has recognized corruption as a crime since the implementation of the Dutch colonial legal system as its own. Enough materials have been preserved confirming the formation of various anti-corruption bodies to combat corruption at that time, but before the formation of the Commission for the Eradication of Corruption, these bodies did not cope with their task. The main reason was that corruption penetrated deeply into the national system, where political will was “erased” because everyone was involved in corrupt processes.

The fall of the Suharto regime in 1998 provided the impetus for government-level activism that initially included rooting out corruption

as a prerequisite for the restoration and development of a “healthy” society, since during the Suharto “new order” regime, public confidence in the efforts of law enforcement agencies, especially in relation to the fight against corruption, was at its lowest level.

Nowadays, people's trust is slowly being restored as a new era of Reform has begun. The latest anti-corruption measures coincide with an overall national effort to reform Indonesia, which suffered heavy losses during the Asian financial crisis in the late 1990s.

Indonesia has been fighting corruption since 1957. The formation of the Corruption Eradication Commission demonstrated the people's conscious desire to actively participate in the fight against this scourge. The Indonesian Corruption Eradication Commission was established on December 29, 2003 with the goal of eliminating corruption. The commission is independent from the legislator

Anti-corruption legislation in France. Within the framework of this report, we will talk about the anti-corruption legislation of France and the measures provided for by it. Perhaps this situation occurs due to the fact that the anti-corruption legislation of France has long been based on an integrated approach to solving the problem; it may be due to a different mentality. The first steps in the field of combating corruption in France at the legislative level were taken at the beginning of the twentieth century.

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PLAN

Introduction…………………………………………………………..…….….……..3

Anti-corruption legislation of France………..........….....4

Conclusion……………………………………………………………………...9

List of sources and literature used…………………...10

INTRODUCTION

In modern Russia, the fight against corruption is an important and pressing problem. Every year, dozens of regulations are published aimed at combating this harmful social phenomenon. However, we cannot talk about the high effectiveness of the measures taken. In this regard, it is all the more important to take into account and effectively apply anti-corruption measures provided for by the legislation of foreign countries and, in particular, those that have brought positive results. Within the framework of this report, we will talk about the anti-corruption legislation of France and the measures that are provided for by it.

France and Russia currently have a fairly high level of corruption, although Russia, of course, is in the lead. Noel Pons, director of the French Anti-Corruption Center, spoke on this issue: “A bribe is real corruption. And according to our data, only 20% of the population are angelically pure and immediately go to heaven without taking a single centime in their lives. Another 20% are malicious corrupt officials who stop at nothing. And the remaining 60% would like to participate in illegal activities, but are simply afraid." 1 . Perhaps this situation is due to the fact that the anti-corruption legislation of France has long been based on an integrated approach to solving the problem; perhaps it is due to a different mentality. We will also try to answer these questions during the research process.

The first steps in the field of combating corruption in France at the legislative level were taken at the beginning of the twentieth century. The main means of such counteraction are the creation of special bodies, the main function of which is control over officials of various levels and ranks, the introduction of qualified liability for offenses in this area for these categories of persons, etc.

Anti-corruption legislation in France

A special feature of French anti-corruption legislation is that government officials can participate in elections without losing their status. They are allowed to combine their work with elected office at the local level. If they are elected to the national parliament, they are required to take leave from service, but after the expiration of their parliamentary term, they have the right to return to their previous position without any restrictions.

A special status is established for ministers, which includes all members of the government, regardless of rank. According to the French Constitution, government officials are prohibited from combining their position with a parliamentary or senate mandate and with any other professional activity in the public or private sector. After their resignation, ministers are prohibited from holding leadership positions in public or private companies for six months. This does not apply to persons who, before being appointed to a ministerial post, had already worked in the specified areas.

In France, a legal and organizational framework has been created for the transparency of income and property declarations of high-ranking government officials.

In 1990, the Political Party Finance Act was passed, which introduced restrictions on the provision of funds from individuals or businesses to political parties, including for election campaigns. In 1993, the National Commission on Campaign Accounts and Political Party Financing was created with control functions.

The reason for this was not a major financial and economic scandal, which, as they say, was the last straw. The fact is that in 1993 in France, all political parties - ruling or opposition - were financed either from private funds or from charitable donations. Moreover, with gross violations of the law.

It was then, in 1993, that the All-French Anti-Corruption Center appeared. There are 14 employees in total: lawyers, police officers, investigators, judges, and so on. Noel Pons, whom we already mentioned earlier, used to be a financial controller, then wrote a programmatic work that became a bestseller “White Collars Dirty Hands.” This is about corruption in the purchase of players and entire football clubs.

The Anti-Corruption Center does not investigate criminal cases, it determines legal mechanisms, and most importantly, explains what constitutes corruption in each specific case.

Here is what the director of the French Anti-Corruption Center thinks about this: “Black cash funds, tax evasion, illegal accounts, bribery of officials. Of course, there are simple tax controls. If, with a salary of 3 thousand euros per month, someone annually changes a car or buys an apartment, this is corruption in its purest form.” 3 .

If they call, it is in cases of so-called petty corruption. In cases where millions of euros are involved, the Anti-Corruption Center will not be contacted.

In addition, in 1991, France created an Interdepartmental Commission to monitor the markets for government contracts and public works, and in 1993 the range of activities aimed at complying with the rules for concluding contracts for public works was expanded. During the same period, a form of corruption such as patronage was introduced into legislation. It refers to the actions of officials in charge of the distribution of orders who provide illegal benefits to private enterprises.

In 1995, the Seguin Law was passed, giving the French Court of Auditors the right to control the process of appointments to the civil service. Almost simultaneously, the Commission on Financial Transparency of Political Life was created, which controls the property status of parliamentarians. In accordance with the law, each member of the French National Assembly, after his election, is required to submit financial accounts of the funds spent on the election campaign, as well as a “declaration of honor” indicating the amount of personal property. The same declarations are submitted by members of the European Parliament, members of general and regional councils 4 .

The anti-corruption system includes special units of the criminal police, the Ministry of Internal Affairs, the prosecutor's office, the customs service and the tax inspectorate. The coordination of these activities is entrusted to the Central Interministerial Service for the Prevention of Corruption under the French Ministry of Justice.

The Trakfin service, created in 1991 under the French Ministry of Economy and Finance, also plays an important role in combating corruption. This body was created to combat the laundering of illegal proceeds from drug trafficking. Then he came to the attention of cases involving the import and export of capital received from the illegal arms trade, and as a consequence the corruption of major French government officials. Currently, Trakfin is dealing with the whole range of problems associated with laundering “dirty” money through the banking network 5 .

The first direction was developed back in 1919, when an article was included in the Criminal Code prohibiting government officials from working in a company that they controlled while in public service for 5 years after resignation. Failure to comply with this requirement was punishable by up to two years' imprisonment and a fine of 200 thousand francs. In 1946, then in 1992, in connection with the adoption of the Charter on the Civil Service, liability under this article was tightened.

Yet French legislation pays more attention to administrative rather than criminal penalties. In this case, the main goal is to prevent “inappropriate combination of personal financial interests and the performance of official functions of a civil servant” 6 . French lawmakers are less harsh than American ones. Officials are not required to file an income tax return, and compliance with restrictions on professional activities after an official's dismissal from public service is less strictly monitored.

In conclusion, I would also like to turn a little to the history of the fight against corruption in France. The most high-profile case in France in recent decades (although we are talking about amounts that, by Russian standards, are simply ridiculous 500 million euros) the case of the Elf oil company 7 " 37 defendants, 30 convicted. We had to look for someone abroad.

The Elf process was also called the “French saga”. In addition to dirty money, there was also great love. Christine Devier Joncourt, the mistress of former French Foreign Minister Roland Dumas, a staff agent of Elf, will even write a book about this.

For ten years, this unique case was led by forensic investigator Eva Joly. “I have so many enemies! I was threatened, I was bugged.I was just lucky that I have dual citizenship, so after the Elf case I was able to return to my homeland.” 8 , says a former forensic investigator.

Now Eva Joly lives in Norway. As a corruption advisor to the Norwegian government, she tackles corruption issues internationally with a budget of $3 billion a year.

Eva Joly, advisor to the Norwegian government on corruption issues, former judicial investigator in France: “The main thing that France can be proud of in this matter is the institution of special judicial anti-corruption investigators. There are thirteen of us in Paris alone, and we have complete power over everyone. Only we decide what methods to conduct the investigation. Some may consider them not too liberal (for example, wiretapping), but it works effectively." 9 .

In 2003, Eva Joly took the initiative to create an International Anti-Corruption Charter, the main goal of which was to deprive political figures of any immunity for corruption. As well as seizures of accounts abroad. Even family members of functionaries are prohibited from opening them. And it works.

The famous trial of former French Prime Minister Alain Juppe - the so-called case of dead souls. As the leader of the ruling party, he used the practice of creating fictitious commercial enterprises to employ party functionaries. As a result, 18 months of suspended prison, and most importantly, a two-year ban on engaging in any political activity.

CONCLUSION

At the end of this report, certain conclusions can be drawn.

1. Officials of the French Republic have the right to engage in any kind of paid activity other than political activity, together with the exercise of the public functions which their status inevitably imposes on them. The only exceptions are ministers, which include all members of the government regardless of rank.

2. High-ranking employees of the state apparatus shall bear a public account of their income and property, and such accounting is carried out on the basis of the declarations they submit.

3. An important area of the anti-corruption fight is control over the activities of electoral parties, primarily in terms of their financing.

4. An important stage in the development of anti-corruption legislation in France is the adoption of the Seguin Law, which allowed the Court of Accounts of the Republic to control the process of appointment to public service.

5. In addition to various types of anti-corruption laws, special units of various types of government bodies are created as tools to combat corruption in France.

6. The Trakfin service, created under the French Ministry of Economy and Finance, also has a great influence on combating corruption. Its activities are related to the fight against laundering of illegal proceeds from drug trafficking.

7. The main directions of the fight against corruption in France at the present stage are: the fight against malfeasance and countering the illegal activities of political parties.

Thus, in conclusion of this report, we can conclude that in modern France sufficient measures are being taken to combat corruption and their use has already had certain positive results.

LIST OF SOURCES AND REFERENCES USED

1. Bocharnikov, I.V. Foreign experience in combating corruption / I.V. Bocharnikov // Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. 2008. - No. 6.

2. Corruption: evil without borders. Access mode: www. go. ir. ru.

3. Problems of state support for small and medium-sized businesses. Access mode: EJ “Legal Consultant”.

2 See: Bocharnikov, I.V. Foreign experience in combating corruption / I.V. Bocharnikov // Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. 2008. - No. 6.

3 Corruption: evil without borders. Access mode: www.go.ir.ru.

4 See: Problems of state support for small and medium-sized businesses. Access mode: EJ “Legal Consultant”.

5 See: Ibid.

6 Bocharnikov, I.V. Decree. op.

Corruption: evil without borders. Access mode: www.go.ir.ru.

8 Corruption: evil without borders. Access mode: www.go.ir.ru.

9 Ibid.

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The head of the French Interior Ministry resigned due to suspicions of corruption. Anti-corruption legislation in France Problems and methods of combating corruption using the example of France

Political assassinations of candidates

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