Vyrva P. —
On approaches towards understanding of the institution of lobbying
// Law and Politics. – 2018. – ¹ 2.
– P. 20 - 26.
DOI: 10.7256/2454-0706.2018.2.25338
URL: https://en.e-notabene.ru/lpmag/article_25338.html
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Abstract: This article is dedicated to examination of the political legal phenomenon of lobbying, history of the emergence of its institution, as well as doctrinal and legal positions regarding the content of the concept of lobbying. The object of this research is the social relations established in the area of interaction between the society, citizens, and government pertinent to promotion of the normative legal acts into the government authorities and local self-governance with the lawmaking function. The subject of this research is the Russian doctrine and legislation in the field of lobbying. The article explores the history of emergence of the concept of lobbying, provides original definition of lobbying, as well as substantiated the need for establishment of a universal understanding of the aforementioned phenomenon. Special attention is given to correlation between the characteristics of lobbying and the approach, through the prism of which it is determined. For avoiding the conceptual ambiguity, it is suggested to view lobbying as a normal and legitimate phenomenon, the political legal institution that is aimed at achieving the socially useful objectives. The scientific novelty lies in examination of the political legal phenomenon of lobbying; formulation of the notion of lobbying, particularly the author’s original definition; for the purpose of elimination of the conceptual ambiguity and reaching the terminological unity is suggested the universal understanding of lobbying, within the framework of which such phenomenon will have a positive implication.
Vyrva P. —
On approaches towards understanding of the institution of lobbying
// Law and Politics. – 2018. – ¹ 2.
– P. 20 - 26.
DOI: 10.7256/2454-0706.2018.2.43131
URL: https://en.e-notabene.ru/lamag/article_43131.html
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Abstract: This article is dedicated to examination of the political legal phenomenon of lobbying, history of the emergence of its institution, as well as doctrinal and legal positions regarding the content of the concept of lobbying. The object of this research is the social relations established in the area of interaction between the society, citizens, and government pertinent to promotion of the normative legal acts into the government authorities and local self-governance with the lawmaking function. The subject of this research is the Russian doctrine and legislation in the field of lobbying. The article explores the history of emergence of the concept of lobbying, provides original definition of lobbying, as well as substantiated the need for establishment of a universal understanding of the aforementioned phenomenon. Special attention is given to correlation between the characteristics of lobbying and the approach, through the prism of which it is determined. For avoiding the conceptual ambiguity, it is suggested to view lobbying as a normal and legitimate phenomenon, the political legal institution that is aimed at achieving the socially useful objectives. The scientific novelty lies in examination of the political legal phenomenon of lobbying; formulation of the notion of lobbying, particularly the author’s original definition; for the purpose of elimination of the conceptual ambiguity and reaching the terminological unity is suggested the universal understanding of lobbying, within the framework of which such phenomenon will have a positive implication.
Vyrva P. —
Introduction of criminal liability for giving or taking bribes by deputies of various levels of authority as a measure against corruption lobbying
// Law and Politics. – 2017. – ¹ 4.
– P. 112 - 123.
DOI: 10.7256/2454-0706.2017.4.22654
URL: https://en.e-notabene.ru/lpmag/article_22654.html
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Abstract: This article is dedicated to the examination of political legal phenomenon of lobbying and corruption lobbying, as well as possible measures against corruption lobbying. The object of this research is the public relations established in the area of interaction between society, citizens, and state regarding the promotion of the normative legal acts in the government authority agencies and local self-governance. The subject of this research is the current Russian and foreign legislation. The article analyzes the doctrinal definitions of lobbying, suggests the original interpretation of lobbying and corruption lobbying as well as substantiates the need for legislative consolidation of such definition in the Russian legal system. Special attention is given to the national criminal legal ways of counteracting corruption lobbying alongside the examination of foreign experience in this field. The scientific novelty consists in formulation and proposition of the positions on improving legislation in the area of prevention of the corruption lobbying. The author suggests consolidating the separate compositions of crime – “Receiving a bribe by a deputy of State Duma of the Russian Federation, deputy of the representative branch of local self-governance”; “Giving a bribe to deputy of State Duma of the Russian Federation, deputy of the representative body of government authority of a constituent of the Russian Federation, deputy of the representative branch of local self-governance”.
Vyrva P. —
Introduction of criminal liability for giving or taking bribes by deputies of various levels of authority as a measure against corruption lobbying
// Law and Politics. – 2017. – ¹ 4.
– P. 112 - 123.
DOI: 10.7256/2454-0706.2017.4.43050
URL: https://en.e-notabene.ru/lamag/article_43050.html
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Abstract: This article is dedicated to the examination of political legal phenomenon of lobbying and corruption lobbying, as well as possible measures against corruption lobbying. The object of this research is the public relations established in the area of interaction between society, citizens, and state regarding the promotion of the normative legal acts in the government authority agencies and local self-governance. The subject of this research is the current Russian and foreign legislation. The article analyzes the doctrinal definitions of lobbying, suggests the original interpretation of lobbying and corruption lobbying as well as substantiates the need for legislative consolidation of such definition in the Russian legal system. Special attention is given to the national criminal legal ways of counteracting corruption lobbying alongside the examination of foreign experience in this field. The scientific novelty consists in formulation and proposition of the positions on improving legislation in the area of prevention of the corruption lobbying. The author suggests consolidating the separate compositions of crime – “Receiving a bribe by a deputy of State Duma of the Russian Federation, deputy of the representative branch of local self-governance”; “Giving a bribe to deputy of State Duma of the Russian Federation, deputy of the representative body of government authority of a constituent of the Russian Federation, deputy of the representative branch of local self-governance”.
Vyrva P. —
On the necessity to introduce criminal responsibility for a corruption-related collusion of parties to criminal proceedings
// Legal Studies. – 2016. – ¹ 11.
– P. 1 - 8.
DOI: 10.7256/2409-7136.2016.11.2072
URL: https://en.e-notabene.ru/lr/article_20720.html
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Abstract: The paper substantiates the necessity to introduce criminal responsibility for a corruption-related collusion of parties to criminal proceedings. The research object is social relations in the sphere of criminal policy formation, struggle against corruption-related crimes, criminalization of trading in procedural influence. The research subject is the set of current anti-corruption provisions of Russian legislation. The author considers the problem of a possible corruption-related collusion of the parties to criminal or civil proceedings, aimed at a purposeful loosing of a case. Special attention is given to the social danger of such a deed and the lack of legal consequences in the current legislation. The research methodology is based on general scientific and special research methods: dialectical, epistemological, formal-legal, formal-logical, system-structure and linguistic methods. The scientific novelty of the study consists in the improvement of the legal framework of struggle against corruption. The author concludes that, in order to prevent a corruption-related collusion of parties, it is necessary to criminalize such actions as a bribery of a party to the proceedings (representatives of the plaintiff, the defendant, the aggrieved, the civil plaintiff, the private prosecutor, the lawyer), a premeditated failure to give evidence and a purposeful loosing of a case.