Modeling the Subject of a Corruption Offense in the Quasi-Public and Private Sectors
DOI:
https://doi.org/10.55908/sdgs.v11i8.1433Keywords:
corruption, anti-corruption policy, private sector, subject of a corruption offense, corruption perception index, commercial bribery, briberyAbstract
Objective: The objective of this research is to review in detail the criminal aspects of corruption crimes, analyzing recommendations and proposals to improve the fight against criminal law against corruption crimes.
Theoretical framework: Theoretical materials were based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials of criminal cases were used.
Method: It is a dialectical method of learning the general patterns of manifestation of corruption in its various manifestations. The method of analysis showed that despite the identity of the sanctions of the articles on liability for corruption crimes and crimes against the interests of the service.
Results and conclusion: The concept of the subject of crimes of Criminal offenses against the interests of service in commercial and other organizations is disclosed by article 3 of the Criminal Code, from the interpretation of which it follows that a person in a commercial organization who does not perform managerial functions cannot be the subject of a crime in the private sector.
Originality/value: The value of scientific analysis carried out to determine the subject of a crime of corruption has as its value to analyze the expression of this factor in quasi-public and private sectors, to determine signs and expressive facts, to identify problematic aspects and to identify the aspects that should be improved and graduated, to make modifications in the strategically established tasks and in the legislative base.
References
Johnson, A. M., & Radu, B. (2013). The Effect Of EU Anti-Corruption Measures On The Romanian Judiciary. International Journal for Court Administration, 5(1), 34. https://doi.org/10.18352/ijca.6
Ismailov, B. (2020). Organizational And Legal Aspects Of Digital Technologies In Counteracting Corruption. The American Journal of Political Science Law and Criminology, 02(12), 32–40. https://doi.org/10.37547/tajpslc/volume02issue12-06
Ng, G. Y., & Zimmer, M. (2023). Integrity of the Judiciary and its Decision-Making Processes. International Journal for Court Administration, 1(4), 52-529. https://doi.org/10.36745/ijca.520
Navarro, L. R. R., Delgado, F. M. C., Cuadra, Y. L., Hernandez, O. H., Cruz, L. delC. S. S., &Rosado, C. E. S. (2023). Credit Card Contracts and the Right to Information: Case of Financial Institutions in Peru. Journal of Law and Sustainable Development, 11(2), e637. https://doi.org/10.55908/sdgs.v11i2.637
Ali, M., Muliyono, A., & Nurhidayat, S. (2023). The Application of a Human Rights Approach toward Crimes of Corruption: Analyzing Anti-Corruption Regulations and Judicial Decisions. Laws, 12(4), 68. https://doi.org/10.3390/laws12040068
Lyra, M. S., Damásio, B., Pinheiro, F. L., & Bacao, F. (2022). Fraud, corruption, and collusion in public procurement activities, a systematic literature review on data-driven methods. Applied Network Science, 7(1). https://doi.org/10.1007/s41109-022-00523-6
Sartor, M. A., & Beamish, P. W. (2019). Private sector corruption, public sector corruption and the organizational structure of foreign subsidiaries. Journal of Business Ethics, 167(4), 725–744. https://doi.org/10.1007/s10551-019-04148-1
Reznik, O., Bondarenko, O., Utkina, M., Klypa, O., & Bobrishova, L. (2023). Anti-Corruption transformation processes in the conditions of the judicial reform in Ukraine implementation. International Journal for Court Administration, 14(1). https://doi.org/10.36745/ijca.400
Roman, F. A., Popescu, D., & Achim, M. V. (2023). The impact of fraud and corruption on the level of absorption of EU funds (2014-2020). Journal of Law and Sustainable Development, 11(2), e336. https://doi.org/10.55908/sdgs.v11i2.336
* UN Convention against Corruption.( 2003) Adopted by General Assembly resolution. https://www.un.org/ (accessed 01/05/2023).
** Official resource of Fourth round of monitoring of the Istanbul Anti-Corruption Action Plan. https://online.zakon.kz/
*** Law of the Republic of Kazakhstan. (2015) “On combating corruption” No. 410-V. https://adilet.zan.kz/
**** Official resource of the concept of the anti-corruption policy of the Republic of Kazakhstan for 2022-2026
Downloads
Published
How to Cite
Issue
Section
License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:
1. Authors who publish in this journal agree to the following terms: the author(s) authorize(s) the publication of the text in the journal;
2. The author(s) ensure(s) that the contribution is original and unpublished and that it is not in the process of evaluation by another journal;
3. The journal is not responsible for the views, ideas and concepts presented in articles, and these are the sole responsibility of the author(s);
4. The publishers reserve the right to make textual adjustments and adapt texts to meet with publication standards.
5. Authors retain copyright and grant the journal the right to first publication, with the work simultaneously licensed under the Creative Commons Atribuição NãoComercial 4.0 internacional, which allows the work to be shared with recognized authorship and initial publication in this journal.
6. Authors are allowed to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (e.g. publish in institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
7. Authors are allowed and are encouraged to publish and distribute their work online (e.g. in institutional repositories or on a personal web page) at any point before or during the editorial process, as this can generate positive effects, as well as increase the impact and citations of the published work (see the effect of Free Access) at http://opcit.eprints.org/oacitation-biblio.html
• 8. Authors are able to use ORCID is a system of identification for authors. An ORCID identifier is unique to an individual and acts as a persistent digital identifier to ensure that authors (particularly those with relatively common names) can be distinguished and their work properly attributed.