Journal of Environmental Treatment Techniques

2019, Volume 7, Issue 3, Pages: 383-388

Theoretical Aspects of Anti-Corruption

Enlightenment as Factor of System Increase of

Efficiency of Activity of Federal Executive

Authorities (On the Example of the Federal Bailiff

Service of Russia)

Elena B. Kozlova *, Vladimir A. Gureev , Marina N. Ilyushina , Zemfira M. Kazachkova ,

Elena V. Fomenko

Center of Scientific Research, All-Russian State University of Justice, Moscow, Russia. E-mail: kozlova@urexpert.ru

Department of Civil Procedure and Organization of the Service of Bailiffs, All-Russian State University of Justice, Moscow, Russia.

E-mail: vladimirgureev@mail.ru

Department of Civil and Business Law, All-Russian State University of Justice, Moscow, Russia. E-mail: alexi59@mail.ru

Department of Administrative and Financial Law, All-Russian State University of Justice, Moscow, Russia. E-mail:

zem7900@yandex.ru

Center of Scientific Research, All-Russian State University of Justice, Moscow, Russia. E-mail: 89266006361@mail.ru

*Corresponding author email: kozlova@urexpert.ru

Received: 18/07/2019

Accepted: 10/08/2019

Published: 20/10/2019

Abstract

Relevance of the research problem due to increased theoretical and legal principles in understanding the condition and the level

of corruption in the Russian Federation in conjunction with the teleological context of development of legal consciousness and legal

mentality and anti-corruption enlightenment, acting as factor reducing corruption risks and the system increasing of activity

efficiency of Executive Power’s Federal bodies. In this regard, this article aims to identify patterns and correlating factors

determining the impact of anti-corruption enlightenment to improve the efficiency of the Federal bailiff service, taking into account

the main activity of the service - enforcement of acts of jurisdictional bodies, which is characterized by a high level of corruption

risks. The leading approach to the study of this problem is a scientific-oriented desire to use a set of basic methods of obtaining new

knowledge, taking into account General scientific and private scientific methods that allow a comprehensive review of the most

important theoretical aspects of anti-corruption enlightenment in the context of the legal relations studied in the work. The article

reveals and substantiates the regularities of the theoretical level of understanding of the problems of anti-corruption enlightenment as

one of the factors of systemic improvement of the efficiency of the Federal Executive bodies (on the example of the Federal bailiff

service). The materials of the study presented for publication, their results and conclusions can be useful in the in-depth study of

certain problems of public administration and the search for ways to solve them effectively; the development and practical

application of methods to improve the efficiency of the Federal Executive authorities; and can also be used in the course of work to

improve the theoretical foundations and enhance practical activities in the field of combating corruption. The novelty and originality

of the study lies in the fact that for the first time it attempts to conceptualize the importance of anti-corruption enlightenment as one

of the factors that can have a devastating impact on the components of the institutional framework of corruption, which will allow in

the foreseeable future to improve the efficiency of the Federal bailiff service.

Keywords: Corruption, Anti-corruption enlightenment, Anti-corruption mentality, Public service, Bailiff.

private interests in the management of complex processes of

Introduction

society’s reconstruction, subordinating the political will of

the state to the narrow interests of mercantile officials and

other interested and involved persons by all its practices

undermining the trust of ordinary citizens to power. The

Corruption is

a complex, multifaceted socio-legal

phenomenon of a systemic nature, significantly complicating

the economic and socio–political modernization of society,

penetrating all levels of public life, ensuring the priority of

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2019, Volume 7, Issue 3, Pages: 383-388

destructive impact of corruption is particularly evident in the

sphere of activity of those public authorities that have the

closest and systemic contact with public institutions, the

population and ordinary citizens. Such state bodies are courts

and police, tax, customs and other agencies. Federal bailiff

service is among them, of course.

Organizational

factors

include,

particular,

insufficiently effective organization of control over the

activities of civil servants, excessive closeness and

sometimes-unjustified corporate solidarity of the majority of

state bodies, lack of transparency in their activities, weakness

of internal, departmental control.

The researchers note that the concept of corruption has

firmly entered the lexicon of modern man, although it has no

unambiguous interpretation in the public consciousness (22).

Analyzing the sociological aspects of corruption S.V.

Alekseev points out its creeping, network distribution that

allows figuratively associating it with the society’s cancer,

which is deadly is being eroded and is becoming

uncompetitive (1).

Corruption is so multifaceted and latent that it is difficult

to give it a correct statistical assessment. According to the

official website of the international non-governmental

organization Transparency International, which annually

since 1995, based on surveys of experts and entrepreneurs

conducted by independent organizations around the world, is

engaged in the development and creation of a composite

Index of perception of corruption (CPI), measuring the level

of perception of corruption in the public sector in different

countries, Russia in the CPI at the end of 2018 took 138 place

in the list of 180 countries and was rated at 28 points out of

Finally, staffing factors include shortcomings in the

selection and training of civil servants and, as a consequence,

their low professionalism and competence.

The main causes of corruption by science are also

investigated and outlined. Thus, the first component of the

institutional basis of corruption is considered the presence in

society of a constant immanent system of power relations

(4,6). The basis of corruption relations is the discretionary

power – the possibility and ability of any dominant entity to

distribute resources that do not belong to it at its own

discretion. The main motive for corruption is the possibility

of obtaining economic profit associated with the use of

power.

As the pre-revolutionary Russian lawyer B.N. Chicherin

wrote, "The government, which is not restrained by anything,

is easily inclined to arbitrariness" (7).

The scientific literature even suggests that corruption is a

direct violation of article 3 of the Constitution of the Russian

Federation, according to which the bearer of sovereignty and

the only source of power in the country is a multinational

people; it exercises its power directly and through freely

elected deputies and other people's representatives. Involving

the state power entrusted by the people in the shadow market

turnover, the corrupt official not only deceives voters, but

also appropriates unconstitutional powers in contradiction

with the requirements of justice and law (14).

Under the above circumstances, the behavior of the

authorities is clearly traced to the influence of political, socio-

psychological, legal, and organizational and personnel

determining factors taken together.

The second component of the institutional framework of

corruption is the most important economic institution of

society – the market. Each country has a historically

developed market of corruption services. The scale of this

specific market depends on the level of socio-economic

development of the country, the nature of its political regime,

the characteristics of the political culture of certain segments

of the population (6).

00 maximum possible (when corruption is hypothetically

absent). To understand the trend of changes in the analyzed

indicator over time, we note that in 2014-2017, Russia scored

9 points, and in 2018, losing one point fell by three places in

the ranking of countries in terms of perception of corruption.

In a press release on the results of the 2018 corruption

perceptions Index, Delia Ferreira Rubio, Chairman of the

Transparency International Board, noted that the probability

of corruption flourishing significantly increases where there

are weak democratic foundations, stressing that the

organization's studies have established a clear relationship

between the existence of a healthy democracy and a

successful fight against corruption in the public sector.

World science has been investigating corruption as a

social phenomenon for a long time. According to scientists,

corruption can be understood in at least four meanings:

General social, political economic, criminological and

criminal legislative (4,12).

The factors determining corruption processes are defined,

in particular, socio-economic, political, socio-psychological,

legal, organizational, personnel factors are singled out (3).

Socio-economic factors include property polarization of

the population; adherence of individuals and business entities

to the "ethics of efficiency, which is derived from the

calculation of capital", that is, the desire to maximize their

well-being and to shift to the shoulders of society their costs;

periodic economic and financial crises and unemployment.

Political factors include the presence of the political will

of the leadership to really (that is, not declaratively),

purposefully and consistently counter corruption crime.

Speaking of socio-psychological factors, the authors of

this theory include, first, the problem of the blurring of the

concept of moral duty by economic imperative.

In this case, it is also possible to note the influence of all

previously identified factors determining corruption

processes taken together.

The third component of the institutional framework for

the development of corruption is, according to scientists, the

imperfection of political and legal institutions. In particular,

we are talking about the inconsistency of the official status of

civil servants. The state gives them the right to make

decisions affecting the interests of different persons at their

discretion, on the one hand. On the other hand, there are no

barriers for entering into corruption relations of such state

employee and those individuals who are interested in

favorable decision (6).

The writer, philosopher and sociologist A.A. Zinoviev

(2009) at one time designated corruption as a universal law of

distribution and redistribution of life's benefits, according to

which every normal active member of society snatches for

him/herself as much life's benefits as his/her social position

The legal factors are the imperfection of the legal system,

inconsistency and absence of consequences of the reforms

carried out in the country.

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2019, Volume 7, Issue 3, Pages: 383-388

and the level of impunity allowed in society allows

in turn determines the objective need for a systematic

approach to the problems of combating corruption in the

Russian Federation.

(Zinoviev, 2009).

That, of course, confirms the working hypothesis put

forward by us earlier about the impact on the development of

corruption of all the above-mentioned determining factors

taken together.

Legal awareness and legal mentality of the population

have a key role to play in the prevention of corruption

offenses committed by civil servants of the Federal Executive

authorities of the state, including employees of the Federal

bailiff service.

In addition, it seems appropriate in this work to analyze

the impact on the development of corruption of the modern

legal consciousness of the population, considering this

determinant as a component of the institutional framework of

corruption. Earlier in the works devoted to the study of this

issue, it was already suggested, including by one of the

authors of this article, to talk about legal nihilism as the

institutional basis of corruption (16). But further

developments in this direction have shown that in this case it

is necessary to talk not only about legal nihilism, as a form of

legal consciousness, expressed in the denial of law as a social

institution and characterized by negative or indifferent

attitude to the rules of law. This issue should be investigated

wider and deeper, so its detailed study will allow developing

the main directions of combating corruption by eliminating

its main determinants.

Anti-corruption enlightenment of the population in

General and employees of the Federal Executive bodies, in

particular, should become an integral part of the priority tasks

of combating corruption in the country. Despite the fact that

such tasks are in the competence (sphere of discretion) of the

subjects of law designated by the Constitution of the Russian

Federation, they are largely complex, multidimensional in

nature, because they are determined by a plurality of factors

relating to, including the problems of the ratio embodied in

the public institutions of government activities of the state

and the activities of non-state institutions of society, the

perception by the population of a particular state body, trust

in its officials, consent to the forms and methods in which

such a body (official) carries out its activities.

All this testifies to the urgent need to develop the

scientific basis of anti-corruption enlightenment as a factor of

systematic improvement of the effectiveness of the Federal

Executive bodies. Only a well-thought-out and doctrinally

verified approach to these issues can lead to the formation of

a positive perception of state power in General and the results

of its activities, in particular.

Methodological Framework

The methodological basis of the study was General

scientific and specific scientific methods.

Logical methods made it possible to highlight the system

of factors determining corruption offenses in the Federal

Executive authorities in their diversity as an appropriate

element of the multidimensional phenomenon of corruption

(

analysis), as well as to consider the anti-corruption legal

4 Discussions

mentality and anti-corruption enlightenment as categories in

which the unity of combating corruption (synthesis) is

manifested. Teleological method of research provided the

possibility of target determination of legal norms and legal

phenomena in the aspect of the theoretical foundations of

anti-corruption enlightenment.

4.1 Anti-Corruption Legal Mentality

The study of the literature allows us to state the absence

of special studies devoted directly to the problem of anti-

corruption legal mentality formed in the sphere of activity of

Federal Executive authorities, including the Federal bailiff

service.

A method that allows you to move from the particular to

the General (induction), allowed investigating the level of

anti-corruption enlightenment of civil servants of the Federal

service of bailiffs to draw conclusions applicable to many

Federal bodies of Executive power.

Statistical method of analysis allowed determining trends

in the evolution of load on the Federal service of bailiffs. In

turn, the sociological method predetermined the possibility of

using the corruption perception index in society.

Some issues devoted to the study in the whole of legal

consciousness, legal culture and legal mentality were studied

in the works of I.N. Senin (2014), R.A. Osipov (2016), T.G.

Evseeva (2014), N.B. Bobrov (2015), and other authors.

Anti-corruption awareness in different aspects was studied in

papers of M.V. Shediy (2014), E.V. Shorokhova (2018), A.V.

Kuchenev (2018), anti-corruption enlightenment in the works

of Yu.V. Truntsevsky (2015), A.V. Kuchenev (2017), E.B.

Kozlova (2017), etc (5,10,16,18,19,26,28,29,30,32).

Anti-corruption enlightenment, being a significant factor

in the systematic improvement of the efficiency of the

Federal Executive bodies, including the Federal bailiff

service, should be based on the anti-corruption legal

mentality. The process of research and analysis of these

concepts should begin with the study of the category of legal

consciousness.

Formal legal method, as well as other methods of

scientific knowledge, which allowed to comprehensively

disclosing the theme of the work are widely used.

Results

The results of the study should include the fact that the

authors have identified and justified the laws of the

theoretical level of understanding of the problems of anti-

corruption education as one of the factors of systemic

improvement of the effectiveness of the Federal Executive

authorities (for example, the Federal bailiff service). The

results of the study can also be the following conclusions of

doctrinal and practice-oriented character:

Legal consciousness as one of the essential moments of

the General process of socialization of the individual

associated with the assimilation of socio-cultural values of

the environment (20) is defined as:

–

spiritual integrity of the legal and partly social

ideas, perceptions, attitudes, beliefs, feelings, emotions,

moods, etc., ideologically and psychologically which defines

and aware of legal phenomena (2);

The totality of the identified factors determining

corruption processes is inherent in the complex nature, which

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2019, Volume 7, Issue 3, Pages: 383-388

–

a specific form of public consciousness, a set of

Federal Executive authorities, it is necessary to talk about

such a category as the legal mentality.

The legal mentality is defined in the scientific literature

as:

views, ideas, representations and feelings of people (groups,

classes of society) about the law, which is acting and

desirable (23,24).

These definitions of legal consciousness are subject to

some criticism, but not from the point of view of the proposal

of a radically new definition, but as a statement of the

expediency of inclusion in the legal study of a new layer of

legal spirituality, not reducing legal awareness exclusively to

the processes of psychophysical reflection of the products of

law and order (31). There is a reasonable point of view that

legal consciousness is something more than a mentally or

socially oriented reflection of real legal institutions, reducing

it to such an understanding means replacing this phenomenon

with socio–economic and formal legal reasons, in connection

with which the phenomenon of legal consciousness needs

modern reconstruction – its liberation from purely causal

dependence on positive law and positive state (31,33).

The doctrine proposes to highlight the following features

–

Deep level of legal consciousness, expressed in a

structured unified and integral community of legal ideas,

stereotypes, habits, reactions, etc., in the nature and method

of legal perception (2);

–

Category reproducing the complex morphology

of social and individual consciousness, which denotes all the

phenomena of legal culture - both positive, symbolic and

non-positive, figurative, symbolic, etc. (31);

–

A set of stereotypes of legal thinking, legal

activity of legal behavior, based on the system of legal

values, legal traditions and priorities formed in a particular

state–legal space, which are determined by relatively stable

objective and subjective factors (27).

Such properties of the legal mentality are allocated as:

–

Fundamental

psychological level of legal awareness;

Expression of the corresponding image (method)

mental,

emotional

and

of legal consciousness as

relationships and feelings:

a system of knowledge,

–

Strong-willed sign, which means that the decision

of perception, assessment, experience, understanding of legal

realities;

of the individual to implement a certain type of behavior is

taken on the basis of convergence of ideological and sensory

element of awareness in the field of law;

–

Acting as a spiritual and mental legal order,

characterized by cultural specificity;

–

Sensory sign of legal consciousness is transmitted

–

Acting as legal ethno-legal invariant culture,

through the perception, reflection and expression of legal

knowledge and legal assessments, human behavior;

which is a Keeper of legal traditions of the society;

–

Expression of the specifics of the law spirit of

–

The ideological sign is expressed by the sum of

society, which provides the ability to permanence, the degree

of stability of law and order in various stages of development,

including in crisis (2).

the theoretical aspects of law, reasoning of representatives of

science (19).

Legal consciousness is of great importance for the

development of legal culture of the individual and society as

a whole, as it carries the relevant legal ideas, feelings,

theories of the qualitative state of legal reality.

The degree of development of the legal culture of society,

the state and ways of development of the Russian legal

tradition (2), and any changes in the legal life of the country

will be positive if the corresponding changes occur in the

legal consciousness of society.

Anti-corruption legal consciousness corresponds to the

General features of the system of legal consciousness, being

isolated by the private specifics of relations arising in the

conditions of admission of corruption or corrupt behavior, the

desire for measures to minimize it, the legal expectation of

the fight against corruption and legal beliefs of intolerance of

such a phenomenon (19).

Anti-corruption legal consciousness can be defined as an

area of public consciousness, reflecting the views, ideas,

perceptions and feelings of people regarding the prevention

of corruption, the fight against corruption and the

consequences of corruption offenses.

However, it is impossible to come to such conclusions

based on

simplified understanding of the legal

consciousness as a psychological process of the individual.

Indeed, each person within the General environment has its

own individual microenvironment, which determines both

human development, and his/her creative successes, and

his/her overall emotional well-being (15).

Based on the above-mentioned signs of legal

consciousness, the following signs of anti-corruption legal

consciousness can be identified:

–

Strong-willed sign – the decision of the person on

However, the sense of justice acquires its importance as a

form of public consciousness only when the same thoughts,

ideas, concepts of law are widely spread in the minds of the

whole people (11), in connection with which, individual and

social sense of justice stand out.

the implementation of a certain type of behavior is taken on

the basis of awareness, ideological and sensual,

inadmissibility of committing corruption offenses and the

consequences of corruption behavior;

–

Sensual sign – inadmissibility of corruption

The individual is unthinkable outside certain knowledge,

concepts and values that are common in society, and the

public cannot exist outside the static set of individual ideas

about law (21).

Any positive changes in the legal life of the society of the

country cannot be achieved by relying solely on the

individual sense of justice, changes must occur in the legal

consciousness of society.

behavior is regarded by the person as an element of justice as

a basic legal value;

–

Ideological sign

–

understanding of the

importance of research in the field of law in the study of

corruption, the implementation of measures to prevent

corruption, including anti-corruption enlightenment.

Using the above-mentioned definition of legal mentality,

outlined by the researcher R.M. Ovchiev, the anti-corruption

legal mentality can be defined as a set of individual and

social consciousness, based on the system of legal values,

In this regard, it seems that speaking of anti-corruption

enlightenment as a factor in improving the efficiency of the

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2019, Volume 7, Issue 3, Pages: 383-388

legal traditions and priorities of anti-corruption behavior,

defined by stable objective and subjective factors (27).

In addition, in this interpretation, the absence of a stable

anti-corruption legal mentality in society can be called

another component of the institutional framework of

corruption. Therefore, effective anti-corruption measures in

the Federal Executive bodies must necessarily include the

impact on all components of the institutional framework of

corruption, including the formation of a sustainable anti-

corruption legal mentality.

which significantly increases the corruption risks in the

activities of the Federal bailiff service.

In itself, the simplification of a number of procedures for

the execution of acts of jurisdictional bodies with the

simultaneous expansion of the scope of discretion of the

bailiff is an objective need of the modern state and society

due to the increase in the overall burden on the employees of

the Federal bailiff service. This situation, unfortunately,

inevitably increases the risks of abuse and other types of

corruption by the above-mentioned civil servants. Anti-

corruption enlightenment in this context is an important

factor in improving the efficiency of activities and reducing

the risks of corruption behavior of employees of the Federal

Executive authorities, including the Federal bailiff service.

.2 The Impact of Anti-Corruption Enlightenment on the

Effectiveness of the Federal Bailiff Service

According to researchers, corruption is most dangerous in

public authorities (17); therefore, the actual effective activity

of Federal bailiff service is impossible if it, in any way, is

connected with corruption risks and manifestations.

Conclusions

Strengthening and subsequent development of the

The issues of anti-corruption education as a factor of

improving the efficiency of the Federal Executive authorities

acquire a special meaning in the context of the latest trends of

de-ritualization of procedural legislation. With regard to the

activities of the Federal bailiff service, this trend is expressed

in the search for the most optimal procedures for the

execution of acts of jurisdictional bodies. Previously, the

factor designed to prevent the development of corruption in

the activities of the Federal bailiff service was the increase in

the level of legal regulation of procedures in the framework

of enforcement proceedings (13). Almost inevitably, this

meant an increase in discretion on the part of civil servants

and a decrease in the degree of regulation of individual

procedural actions. Taking into account the described

problems, anti-corruption enlightenment should come to the

fore in modern conditions, allowing, on the one hand, to form

valuable behavioral guidelines in the activities of employees

of the Federal bailiff service, and on the other – to maintain

the flexibility of the legislation on enforcement proceedings,

thus ensuring the effectiveness of the Federal bailiff service

Russian state is impossible without the existence of an

effective system for execution of acts of jurisdictional bodies

–

the modern Federal bailiff service. Non-execution or

improper execution of court decisions, acts of other public

authorities undermines the foundations of the state system as

a whole, disorganizes the activities of the vast majority of

institutions of power, and reduces the level of public

confidence in the state. The problems associated with the low

quality of execution of acts of jurisdictional bodies are

manifested not only in increasing the specific amount of

discretion and the growth of corruption risks in the activities

of the Federal bailiff service, but also in significant

reputational losses of the Russian Federation in the

international arena. The decision of the European Court of

human rights of 15 January 2009 in the case of V. Burdov the

Russian Federation (8,9), being a pilot in nature, had very

negative legal consequences for our state and essentially

recognized the existence of conceptual problems in the

domestic legal system in terms of the execution of judicial

decisions. Despite the General and special recommendations

of the European court of Justice, no structural changes have

been undertaken. The most significant of the changes was the

adoption of the Federal law of 30.04.2010 № 68-FZ On

compensation for violation of the right to trial within a

reasonable time or the right to execution of a judicial act

within a reasonable time.

The current state of the sphere for execution of acts of

jurisdictional bodies in Russia is characterized by significant

problems of both theoretical and purely practical nature,

including those associated with the growth of corruption

among employees of the Federal bailiff service. Analyzing

the current situation, it should be noted that the identification

and research at the level of theoretical understanding of the

importance of anti-corruption education as one of the factors

that can have a devastating impact on the components of the

institutional foundations of corruption, would allow in the

near future improving the efficiency of the Federal bailiff

service.

(

25).

It should be noted that the trend of de-ritualization of

procedural rules and a certain desire to simplify procedures is

currently manifested, in particular, in the development of

simplified proceedings, the emergence of the institution of

unmotivated court decisions, modification of court notices.

Enforcement proceedings are just beginning to experience

these trends. At the same time, the official departmental

reporting of the Federal bailiff service (posted on the official

website of the Federal service of court bailiffs of Russia)

indicates a stable and alarming trend in the growth of the

number of enforcement proceedings in the Federal bailiff

service. Thus, if in 2016 there were 80.8 million enforcement

proceedings in the Service, in 2017 - 86.2 million, and in

018 – 87.6 million-enforcement proceedings, respectively.

For comparison, in 2012, on the performance of the Service

there was a little less than 52 million of the Executive

proceedings. The current dynamics of the growth of the

Service load produces objectively the situation of the

impossibility of effective management of the enforcement

proceedings because of the real congestion of the judicial

police officer-executor. This circumstance accordingly

actualizes the problem of increasing the specific amount of

discretion of a civil servant in their professional activity,

Recommendations

The research materials presented for publication, their

results and conclusions can be of scientific and practical

interest for scientists, teachers, graduate students and students

engaged in the study of legal relations in the field of

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2019, Volume 7, Issue 3, Pages: 383-388

combating corruption in public authorities, as well as

practical employees of the Federal Executive authorities

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5. Kolominsky, Ya. Man among men. Moscow: Young guard.

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6. Kozlova, E.B. Directions of development of legal education as a

measure of prevention of corruption offenses. Russian

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(especially the Federal bailiff service) for the purpose of

practical application of the results obtained by the authors in

the study.

Acknowledgments

17. Krasnopeeva, E.V. Bribery: criminal law and criminological

aspects: Thesis of PhD. Moscow: Moscow Institute of the

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The reported study was funded by RFBR, project number

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condition for the implementation of anti-corruption policy.

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