Encouraging Organizations to Develop and Take Measures to Prevent Corruption

<p><span dir="ltr">Introduction</span><span dir="ltr">. The article examines a number of problems of law enforcement of Article 13.3 of the</span><br><span dir="ltr">Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”, which establishes a general</span><br><span dir="ltr">obligation of any organizations to develop and take measures to prevent corruption, in terms of the</span><br><span dir="ltr">imperfection of the legal structure of securing such an obligation and the measures proposed in this</span><br><span dir="ltr">regard, as well as the insufficiency of mechanisms to stimulate organizations to carry out the relevant work.</span><br><span dir="ltr">Methodology and materials</span><span dir="ltr">.</span> <span dir="ltr">The purpose of this study, based on the analysis of a wide range of</span><br><span dir="ltr">regulatory material, including current foreign legislation, acts of “soft law”, is to formulate specific</span><br><span dir="ltr">proposals for the successful resolution of these problems using the formal legal and comparative legal</span><br><span dir="ltr">method, the method of legal modeling.</span><br><span dir="ltr">Research results and discussion</span><span dir="ltr">.</span> <span dir="ltr">As a result of conducting this study, through the prism of the established</span><br><span dir="ltr">law enforcement practice, domestic and foreign experience, the author analyzed the problem of the</span><br><span dir="ltr">lack of a mechanism for directly securing the legal responsibility of organizations (managers) for failure</span><br><span dir="ltr">to take measures to prevent corruption, a differentiated risk-oriented approach in terms of establishing</span><br><span dir="ltr">measures to prevent corruption taken by organizations, as well as formalized legal measures to</span><br><span dir="ltr">encourage organizations to develop and implement anti-corruption mechanisms in their activities.</span><br><span dir="ltr">Conclusions</span><span dir="ltr">. The conducted study made it possible to formulate and substantiate specific proposals</span><br><span dir="ltr">in terms of securing direct legal (administrative) responsibility of organizations for failure to develop</span><br><span dir="ltr">and take measures to prevent corruption, categorical differentiation of organizations based on</span><br><span dir="ltr">a risk-oriented approach with the establishment of mandatory anti-corruption measures for each of</span><br><span dir="ltr">the relevant categories, formulation and securing in the established manner measures of “positive”</span><br><span dir="ltr">stimulation (encouragement) of organizations to develop and apply in their activities appropriate</span><br><span dir="ltr">measures to prevent corruption, taking into account individual existing judicial practice and the balance</span><br><span dir="ltr">of interests of stakeholders.</span></p>