Journal article Open Access
K.B. Marysiuk, O.O. Yarchak
The article analyzes the notion of corruption. It has been established that scientific research and legislation have different approaches to the understanding of the notion ‘corruption.’
At the beginning the scholars defined corruption mainly by the methods of criminology which is explained by the first place of criminologists in the research of corruption. Unfortunately, national experts in civil, administrative and other branches of law referred and refer seldom to the research of corruption and corruption offences. At the same time, there were sporadic attempts to disclose the essence of corruption made by scholars of economic science and sociology.
At the beginning of 90s of past century along with the opinion that ‘the problem of corruption is beyond juridical science and is more sociological or political issue’ there were views that corruption is an elementary bribery of public officials working at governmental and non-governmental structures or just an element of organized crimes or criminal nexus between public officials and organized criminal groups.
Nowadays there are two main approaches to the essence of corruption.
The first one says that corruption is bribery of its subjects and it is an agreement between the person who bribes and the person who is ‘sold’.
Other scholars think that corruption ‘is not a primitive bribery particularly in the conditions of market economy, free trade and democracy’ and ‘mixing and, moreover, when the activities of the state is replaced by fight against bribery which is inherent to totalitarian states and complies with the interests of bureaucracy,’ ‘because one of the main sources of prosperity of corrupt officials is stealing of budget costs.’
It has been concluded that it is hard to talk about an effective fight against corruption till the moment there is a clear understanding of this phenomenon and there will be no identification of its features and forms. Only after that it will be possible to develop real directions for prevention and fight against it at the national and international level.