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1
Content available Contemporary Russian Corruption
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EN
Theoretical background: The article explores the relationship between corruption and innovation in an economy and between corruption and economic growth. The multi-faceted and complex nature of corruption means that the impact of corruption on innovation and economic growth is unidirectional. There are arguments in the literature for both positive and negative effects of corruption on macroeconomic figures. Most empirical research confirms the linear negative impact of corruption on economic growth. These results are the opposite of theoretical arguments that there may be both positive and negative consequences of corruption.Purpose of the article: The research aim is to analyse the theoretical aspects of the impact of corruption on selected macroeconomic variables. This goal was achieved by analysing the most significant arguments describing the relationships between chosen variables. Based on the literature analysis, research hypotheses were developed, and they were verified in an empirical study. The results were analysed in the discussion section.Research methods: The study is based on a set of data on economically developed countries in Europe from 1996 to 2017. The empirical study was conducted using basic statistical measures – descriptive statistics and correlation coefficient, whereas econometric models were based on the GMM system (Generalized Method of Moments).Main findings: The results of this research show that the relationships between corruption and the measure of innovation, and corruption and economic growth are not linear. They take the form of a parabola. This means that the influence of corruption on innovation and economic growth is not the same for all levels of the corruption indicator. The relationship between corruption and economic growth is specific enough to show that a low level of corruption is economically justified from the point of view of empirical research. This is possible because corruption solves other economic problems, such as bureaucracy, which limits development. Corruption will support economic growth if the state does not work properly.
PL
Theoretical background: The article explores the relationship between corruption and innovation in an economy and between corruption and economic growth. The multi-faceted and complex nature of corruption means that the impact of corruption on innovation and economic growth is unidirectional. There are arguments in the literature for both positive and negative effects of corruption on macroeconomic fiures. Most empirical research confirms the linear negative impact of corruption on economic growth. These results are the opposite of theoretical arguments that there may be both positive and negative consequences of corruption. Purpose of the article: The research aim is to analyse the theoretical aspects of the impact of corruption on selected macroeconomic variables. This goal was achieved by analysing the most signifiant arguments describing the relationships between chosen variables. Based on the literature analysis, research hypotheses were developed, and they were verifid in an empirical study. The results were analysed in the discussion section. Research methods: The study is based on a set of data on economically developed countries in Europe from 1996 to 2017. The empirical study was conducted using basic statistical measures – descriptive statistics and correlation coefficient, whereas econometric models were based on the GMM system (Generalized Method of Moments). Main findings: The results of this research show that the relationships between corruption and the measure of innovation, and corruption and economic growth are not linear. They take the form of a parabola. This means that the influence of corruption on innovation and economic growth is not the same for all levels of the corruption indicator. The relationship between corruption and economic growth is specific enough to show that a low level of corruption is economically justified from the point of view of empirical research. This is possible because corruption solves other economic problems, such as bureaucracy, which limits development. Corruption will support economic growth if the state does not work properly.
EN
Based on political changes initiated in 1989 and on moral and legal patterns stipulated in the Act on the Police of 6 April 1990, this paper brings closer the development of the Police Forces in Poland up to the present day. The analysis is carried out in the context of criminal behaviour and other shameful acts performed by police officers. Most of them generally discredited the professionalism and fundamental ethical principles of the Police. However, at the same time, the Police regularly receives new legal instruments such as "the crown witness" and the so called "small crown witness" to fight organized crime, and a number of specialized structures such as the Central Investigation Bureau. The Police is systematically developing contacts and cooperation with foreign institutions such as Europol, FBI or BKA. Unfortunately, around 2003 and 2004 internal criminal activities conducted by police officers started to intensify. Corruption spread among officers of all ranks, from local police stations to the General Head Quarters. The media are full of stories of lame investigations for example in murder of the Chief of the National Police Marek Papała or murder of a young businessman Krzysztof Olewnik. Cardinal professional errors committed during these investigations put the Police in an unfavourable light. Therefore, doubts regarding professionalism, ethical values and authority of the Police seem to be justified. The author also points to reckless development of relations between the Police Head Quarters and politicians who put the Police officers of the highest rank under their dubious supervision and command. The moral values and political neutrality so important for the founding fathers of the modern Police, now after 26 years, remain a mere theoretical legal record. As a conclusion, this paper suggests a consensus solution: an institution with high public authority for example the Ombudsman or the Supreme Bar Council, in order to establish a permanent practice of appointment of the head of the Police for a 5-year term of office with the possibility of renewal for the next 5 years.
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This article analyzes the genesis, current state of anti-corruption legislation, its achievements, prospects and key objectives of its development. Much attention is paid to the study of anti-corruption legislation, the dialectical relationship between the correct definition, the essence of corruption and practical state measures to combat it. The effectiveness of anti-corruption measures is determined by the presence of the necessary legal framework and its effective application in practice. The Author believes that the administrative and criminal legislation of Ukraine requires improvements which take into consideration time requirements and the scale of corruption. This article has been created particularly to draw attention to the need for a normative document that would regulate various aspects of lobbying; a very common phenomenon in Ukraine. The author of this article emphasises that in the new anti-corruption legislation of Ukraine instead of the term ‘to fight’, ‘to prevent and to counteract’ have been used. Despite the fact that several acts and regulations on anti-corruption have been implemented, and various pieces of scientific research on this issue have been conducted, a commonly accepted opinion on the nature and structure of the anti-corruption mechanism has not been formed. The normative acts of Ukraine devoted to the fight against corruption describe only individual elements of the legal mechanism to counter corruption. The most complete list of such elements can be found in the Ukrainian legal acts on “On Fight against Corruption” and in some other related regulations (programmes). Having agreed that it is necessary to strengthen the position of ‘preventive and counteractive’ elements, the Author believes that the list of these elements was far from complete, which makes ​​it impossible to talk about the appropriate legal mechanisms of counteracting corruption.
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Corruption has become a major global problem. Proponents of the “good corruption” thesis believe that in certain conditions corruption can be conducive to economic and political development. To them, corruption is “grease” that lubricates the rigid wheels of the bureaucratic machine, and is a legitimate mechanizm of political inclusion of the excluded masses. Yet, empirical analysis of the positive functions of corruption in the Soviet Union, the United States of America and certain Asian countries revealed that corruption is first and foremost a symptom of political and economic system dysfunction. One can speak of the positive functions of corruption only in the context of the system’s serious malfunction concerning the fulfillment of the society’s expectations coupled with the lack of prospects for this system’s reform.
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The aim of this paper is to analyse the process of privatization in Poland.We reflect on the winners and the losers of transformation processes as such, but also of their particular elements which are directly connected with privatization. Privatization in Poland started in the 80s. and is still continuing. From the very beginning privatization was viewed, by liberal governments in Poland, as the key issue in the process of political system transformation, market reforms and implementing economic freedom. Although 60% of Polish citizens agree that capitalist economy basing on private entrepreneurship is the best system for our country, many Polish citizens still represent rather critical approach to market economy because the process of privatization in Poland has been connected with two negative factors: unemployment and corruption. Yet Polish people start to accept new reality seeing advantages of capitalist aspects over socialist ones.
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This article is looking at theoretical approaches to the study of corruption and tries to answer the question what could be the reason behind differences in the level of corruption between post-communist countries and established democracies in Europe on the theoretical level. First, this article discusses the problems of the definition of corrupt on. Next, this article presents the most important theories explaining corruption from the sociological point of view. This article will focus especially on norms (which are connected to rational choice, theory of ‘bad apples’ and ‘bad barrel’ and to criminological theories), on values (Max Weber, Inglehart and his theory of post-materialism), and finally on the extensive literature on corruption omitting any kind of theory. This paper will conclude with a discussion about which theories could explain the different levels of corruption in different countries.
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The aim of this article is to present a subject not widely known in Poland: the tool known as Integrity Testing that is in place in several countries of the world (including countries in Europe). It is used to fight corruption and irregularities in the functioning of public institutions and means the possibility of anti-corruption authorities creating a false corruption situation in order to verify an officer’s behaviour. The motives for the inception of the procedure, its assumptions and the basic conditions of use are presented,and the terminology used is also explained. It shows the positive, preventive aspects of the use of tests and the need for a professional approach to these on the part of the people implementing and performing them. For the purposes of this article the tests described have been divided into four main groups and the criteria adopted have been explained. A comparative analysis of integrity testing as used by institutions in the United States, Australia, Great Britain, Romania and the Czech Republic is also carried out, specifying the key differences between these systems, including how to implement procedures and the possible use of the results. Specific figures are given concerning the number of tests carried out in some countries and their effectiveness. The assumptions used in integrity tests are also compared to current similar solutions in the anti-corruption law operating in the Polish police (Article 19 of the Police Act). Also outlined are the main problems requiring a response before any possible start of work on the implementation of integrity tests in Poland. At the same time it is noted that in the years 2007–2008 the Polish Police worked on a similar legal solution, but ultimately this was not accepted. The article is based on the author’s personal knowledge and experience resulting in a highly pragmatic picture of the issues presented.
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Clearly defined property rights enable people and business to make contracts over such property, and thus to engage in business – most business transactions concern the transfer of some sort of property, or rights to property. It seems that property rights have huge influence on foreign direct investment inflow, especially in the Polish economy. Therefore, the aim of this article is to verify the hypothesis that property rights are an important factor for foreign direct invest-ment flow. The object of the research is the Polish economy in the years 1994-2011. The first part of this paper shows the dynamics and structure of FDI inflows to the Polish economy in the years 1994-2011. Next two parts clarify the idea of property rights, their transformation, importance to the growth and foreign direct investment inflow. Verification of the hypothesis will be made on the basis of domestic and foreign literature.
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The corporate governance system in Russia, having evolved through years, can be characterized by the following features: the dominant role of the concentrated ownership structure, corporate supervision relying on a combination of ownership function and company management, the significant role of the state as the owner, and the fairly marginal relevance of external market mechanisms. Those features result partly from particular legal solutions and partly from the unwritten, informal customs or patterns of behaviour of the so-called informal institutions.The article’s main thrust is to analyse selected informal institutions which were considered the most significant from the Russian corporate governance system point of view. These are, among others: the tendency not to obey the rights of minority shareholders, informal relationships of enterprises with authorities of various levels, and corruption. The author assumes that informal institutions decide upon the specificity of the corporate governance system in Russia and its particular elements, and upon the efficient functioning of supervisory mechanisms.
PL
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A crucial element of the mechanism to prevent corruption in public administration is the explicit procedure of reacting to corruption events, regardless of whether it is based on ISO procedures or if it results from another system of legal solutions. The statutory anti-corruption solutions introduced in public institutions in the form of management control involve the staff abiding by ethical values, and they serve to improve the transparency, legal conduct, and ethics in the operations of a public administration office. The results of empirical research confirm that the implemented management control procedures form integral parts of the anti-corruption system in public entities.
EN
The Bill is an attempt to provide state authorities with effective instruments to counteract corruption in public life, but the detailed legislative proposals contained therein may hinder the full implementation of this assumption. Among others the category of corruption offenses was drafted in a selective way, linking the tightening of the punishment policy with the conviction for only some of them. Failure to include some corruption offenses in the Bill will lead to an unjustified privileging of the policy of punishing corrupt practices in certain areas of public and economic life. The author also referred to some of the proposals to introduce employment bans, pointing out that they would be superfluous to the applicable regulations of the Criminal Code, as well as they would lead to consequences which would be difficult to accept from the perspective of seeking a penalty adequate to the committed prohibited act, the real severity of sanctions and the principle of equal punishment.
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The author examines the causes behind corruption and checks why strategies designed to combat corruption fail to produce the expected results. The analysis is based on a review of the extensive body of empirical research into the sources of corruption and a descriptive analysis of the effectiveness of anti-corruption measures. The author offers a definition of corruption and presents the most common anti-corruption programs. He also describes problems widely associated with empirical studies involving corruption. The analysis addresses four issues: the overall level of development; the public sector; political institutions; and limitations to a free market and competition. Contrary to popular belief, not all the measures commonly proposed in the ongoing public debate on corruption will work in practice, Goczek says. For example, political reforms are unlikely to produce the desired results. Anti-corruption reforms should be geared toward limiting the room for corruption by reducing the number of transactions subject to arbitrary decision-making and by delegating authority to the market instead of the government. It is necessary to limit the powers of politicians and officials in areas such as the issuance of business permits and licenses, the author says. This should be accompanied by measures designed to limit the government’s monopoly in areas such as barriers to market entry, interventionism, economic freedom and competition. One possible reason why anti-corruption measures fail to deal with the real causes behind the problem is that far-reaching economic reforms are unpopular in Poland, the author says. Many anti-corruption programs are ineffective because they are often only a “smoke screen” designed to hide inaction, Goczek concludes.
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Content available remote Indeks Percepcji Korupcji za 2018
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Indeks Percepcji Korupcji 2018 r. (Corruption Perceptions Index) opublikowano na stronach internetowych Transparency International pod koniec stycznia br.
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The paper examines recent developments in fear of crime in the Czech Republic. The dynamics of fear and concerns are on the rise, although the standard measure of fear has reached an average, stabilized level when compared to the rest of Europe. However, there is another emerging subject of concern, maybe even a new scapegoat for the public’s worries – corruption. This text demonstrates an evident increase in concerns about corruption as well as instances of bribery in everyday practice. Although the transition to democracy in the Czech Republic after 1989 offered a picture of a “tolerant” society, accepting the necessary social costs of change, the conclusion about “risk normalization” is not quite valid when it comes to corruption: the concerns about corruption go beyond the sphere of public opinion (i.e. attitudes) as Czech citizens exhibit high involvement in bribery in everyday life. The increase in concerns about corruption also presents a serious risk with respect to people’s trust in the social system and its key institutions.
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The article analyzes dynamics of the organized crime in the conditions of world financial and economic crisis in various countries and reveals its basic characteristic features. Nowadays organized crime activities are characterized by an intimate contact between the organized underworld and the representative, executive as well as law-enforcement structures of a country which leads to the situation where the leaders of criminal groups obtain a real opportunity to control the country. According to criminology, one of the main factors having a profound effect on the level of the crime is the state of economy. It investigates a condition of fight against the organized crime in Russia and offers concrete measures and solutions to achieve this purpose. The analysis of foreign law enforcement structure practice shows that in order to eliminate the consequences of crisis the majority of countries have taken the measures against organized crime alongside with economic and financial measures.For instance, in Italy in the last quarter of 2008 a whole series of tactic operations against mafia activities were conducted which resulted in hundreds being arrested. We strongly believe that in Russia during the crisis there is a vital need of creating independent federal body to fight the organized crime and corruption having its own bodies in the regions.
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The author presents a system for corruption risk prevention, developed by the Polish Centre for Testing and Certification and the Polish Chamber of Commerce. The solution was developed with regard to the requirements set forth in two documents: ISO 9001 and SA 8000. Even though implementation of the system (which can be certified) does not guarantee a total elimination of corruption risk at the involved entity, but an alleviation of such a risk increases reliability of the organisation.
EN
The paper is drawing differences between legitimate lobbying and criminal activities that often are misattributed as lobbying. The author presents a number of definitions of the concept, devised by academics of political sciences, law or economics in Poland and abroad.The author compares the institutions of the pluralist lobbying and the corporatist lobbying, briefly laying out the history of institutional development of lobbying in the United States and in the European Union. Particular attention has been paid to the importance of lobbying as a warrant of transparency in the legislation process. Rights and obligations of all the parties involved in the lobbying activity have been presented and examined.Separate chapter has been dedicated to describe legal status of lobbying in Poland. The author examines the existing regulations contained in the Constitution of the Republic of Poland and the Lobbying in Legislative Process Act, called the anti-lobbying bill.Expounding further on the status of the institution of the professional interest representation in Poland the author presents results of polling research on the subject.In the Conclusions the author is emphasising that lobbying in Poland is a legal professional activity. The author draws a clear distinction between criminal activities and the legitimate lobbying practice and points out that all instances of so-called “wild” lobbying i.e.: bribery, paid backing, embezzlement of public funds or property are are offences of corruption, included and defined in the Polish Criminal Code that must be firmly distinguished from the legitimate lobbying.
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Content available remote Biorą wszyscy –ja nie
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Ideolodzy komunizmu w wersji stalinowskiej głosili m.in. zamiar wychowania NOWEGO człowieka. Nowego, czyli wychowanego w nowych, nie kapitalistycznych warunkach ustroju socjalno-bytowego. Jednym z głównych warunków była wtedy rezygnacja z kategorii ZYSKU i WŁASNOŚCI jako sił napędowych rozwoju społeczno-gospodarczego społeczeństw komunistycznych i socjalistycznych.
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The study focuses on two Slovak corruption cases, both well-documented and of similar social relevance, of which one did not receive any cross-media coverage. Moreover, the case of large-scale bribery was rather under-hyped in comparison to other major corruption scandals occurring in the country. The case of cronyism formed a typical example of extremely poor inter-media coverage of highly unfair and politicised cronyism. Through these cases, especially in the one in which the media failed to stimulate the creation of a full-blown scandal, the study further analyses the criteria and circumstances that determine the worthiness of a case for wide media coverage. The study on Slovakia is framed within theories of scandalous reporting and the theory of agenda setting and inter-media agenda setting role of the media, and supported by quantitative analysis of actual media coverage of the bribery case.
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