How to fight corruption in the USA

Digest on the materials of the press

Was corruption in antiquity?

Was! The punishment for bribery was provided for by the laws of Hammurabi (4 thousand years ago), established by Egyptian pharaohs. The harmful effects of this phenomenon are felt in any country, regardless of state structure or traditions.

What has changed in connection with the industrial revolution in the nineteenth century?

There was a sharp surge of corruption. True at the same time there were the first attempts to counteract it at the level of laws. But only in the second half of the 20th century, when the fight against corruption in a number of countries was built to the rank of state policy, it was possible to achieve its minimization.

What countries in this struggle can be useful?

For example, the USA. There are anti -corruption laws of extraordinary stiff. So, for various types of corruption - a bribe, kickback (paying part of illegal money to a transaction to a transaction) and others - fines in a triple of a bribe or imprisonment of 15 years, or both at the same time, are provided for. And under aggravating circumstances - imprisonment of up to 20 years.

Wow!

US laws provides for the punishment for the cottage and receiving remuneration for services included in the circle of obligations of the official. Encouraging, according to American law, an official can only receive officially - from the government. The punishment for violation of this norm is a fine or imprisonment of up to 2 years, or both.

Can I arrange a friend there for service?

Corruption transactions are recognized between any persons regarding the device for the Federal State Service. So, the claim is criminally punishable by the requirement of money or property benefits, or their receipt for assistance in the construction of the public service. The perpetrator is punishable by imprisonment for one year or a fine in the amount of the amount required or received, or by combining both types of punishment. The exception is the activities of special hiring agencies that have permission to participate in a set for the public service.

And what, high officials in the USA do not have immunity?

In the United States, there are actually no immunities for officials. Any official, including president, congressmen and senators, may be prosecuted, albeit in a special manner, after removing him from office.

Is the prevention of corruption carried out?

Spended! It is based on the introduction of the so -called "administrative morality", which is ethical and disciplinary norms.

For the first time, the Ethics of the Government Service was adopted in 1958 in the form of a resolution of a congress, which stipulated that each person in the government service should:

• to put devotion to moral principles and the state above devotion to persons, parties or state bodies;
• to fulfill the constitution, US laws, decisions of the authorities and never support those who are evading their implementation;
• work the whole working day for the set fee, making the necessary efforts and thoughts to fulfill their duties;
• find and apply the most effective and economical ways to solve the tasks;
• Never resort to discrimination, providing someone with special benefits or privileges for both the reward and without it, not accept for themselves and their family good or gifts in circumstances that can be interpreted as an impact on the performance of official duties;
• Do not give any promises regarding official duties, since a civil servant cannot act as a private person in the execution of a public office;
• Do not enter into either the government directly or indirectly, if this contradicts the conscientious performance of the NAMS duties;
• never use confidential and official information to extract personal benefits;
• open cases of corruption during their detection;
• To comply with these principles, realizing that the state position is an expression of public trust.

Are deputies limit too?

In 1962, the US Congress adopted the so -called "official norms of behavior of elected officials (members of both chambers of parliament) and public officials of the executive authorities."

In 1965, by order of President L. Johnson, standards of behavior, ethical norms of officials were established. In 1978, these rules gained the form of the law "On the ethics of employees of state bodies."

In recent years, the fight against corruption of officials intensified?

Since the late 80s of the XX century. Ethical principles of public service became an object of even more rigid legal regulation. In 1989, the US Congress adopted the Law “On the Reform of the Law on Ethics”, which the norms governing the ethical behavior of officials extended them to all branches of the federal government - legislative, executive and judicial.

In October 1990, the law was backed up by the executive order of the US President No. 12731 "Principles of the ethics of behavior of officials and employees of the state apparatus." These principles were distributed not only to the highest rank officials and to ordinary civil servants.

According to this order, civil servants:

• should not participate in financial transactions, during which it is supposed to use closed government information or the use of such information for personal purposes;
• In any form, they cannot encourage offerings or accept gifts from any persons or group of persons who seek from them to perform any official actions that have any common affairs with them or engage in activities regulated by the body in which these employees work;
• accept gifts from persons whose interests depend on the fulfillment or non -fulfillment by these employees of their duties;
• They are obliged to report "to the corresponding instances about all cases of the destruction of property, deception, abuse and corruption."

The control over the execution of these establishments is carried out by the persons or group of persons, commission who, if necessary, can request additional information, call the officials themselves, conduct an official investigation, specially appointed in any state administration or department.

For the official, the consequences of the detection of violations made by him can be expressed in the form of the application of one of the following measures of exposure to him:

• partial or complete disqualification;
• moving to the lower position;
• The proposal to stop "conflict" financial relations.

With serious violations, criminal prosecution is possible.

Side earnings of a civil servant let us say?

The right of a civil servant to side (part -time) earnings is limited. Its size should not exceed 15% of the salary by office. This restriction applies to officials of all branches of power, with the exception of members of the US Senate. Officials appointed by the President of the United States cannot at all receive "any income during the entire service life for services and activities that go beyond the framework of direct official duties."

Is the cost of gifts to officials limited?

Of course. So, the US senator, as well as employees of its apparatus, should not accept gifts from private individuals and legal entities that may be interested in approving the Senate of specific laws if the cost of gifts in the aggregate exceeds the cost of gifts received by the senator from other sources (excluding relatives) during the calendar year should not exceed 10 dollars.

The law on ethics imposes restrictions on paying gifts to private individuals in the form of trips. The Senate set the limit in three days (and two nights) for trips within the country and in seven days (and six nights) for trips abroad. These restrictions also apply to family members of senators.

A member of the House of Representatives of the US Congress has the right to receive gifts during the calendar year with a total value of not more than $ 250 from one source1.

Such a restriction also applies to employees of its apparatus. At the same time, each gift, including gifts to spouses of officials, the “fair market price” of which exceeds $ 100, should be declared. These restrictions apply to all gifts, except for gifts from relatives.

And what about other categories of civil servants?

There are also restrictions on gifts for them. A civil servant and his spouse (spouse) can accept gifts during the calendar year, the price of which in conjunction does not exceed $ 100. After receiving above the permissible cost, the civil servant is obliged to hand him over to the corresponding body of his department within 60 days.

Particular attention is paid to the rules governing the conditions for receiving gifts and awards from representatives of foreign states. A civil servant, for example, has the right to accept a gift from a representative of a foreign state in the event that this gift is proposed as a souvenir or a sign of politeness and does not exceed the “minimum value”. The official has the right to accept the gift above the “minimum value” if such a gift contributes to the development of US ties in the field of science or medicine, as well as if the refusal to accept the gift can offend the donor and somehow influence international relations.

Well, if you left the civil service?

As for former civil servants, the restriction of their business activity is valid within two years after resignation.

They are forbidden to fulfill representative functions when resolving the executive authorities of specific cases that relate to the management of this civil servant during the year preceding the termination of his service. A two -year ban also applies to former "senior officials" of the executive branch. They should not maintain contacts with the previous place of work, cannot represent anyone's interests on any issue before the department in which they served, or any public servant of this department.

Yes, a fairly effective system for combating corruption has been built in the USA. We would like this!

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