Problems of State Social Function Formation and Anti-Corruption

Journal of Environmental Treatment Techniques

2019, Volume 7, Issue 4, Pages: 841-846

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal weblink: http://www.jett.dormaj.com

Problems of State Social Function Formation and

Anti-Corruption

Alexander V. Polukarov *, Alexandra S. Vasilenko , Vladimir V. Nasonkin

Department of Administrative and Financial Law, People’s Friendship University of Russia (RUDN University), Moscow,

Russia

Department of Criminal Law, Criminal Procedure and Criminalistics, People’s Friendship University of Russia (RUDN

University), Moscow, Russia

Department of Comparative Educational Policy, People’s Friendship University of Russia (RUDN University), Moscow, Russia

Received: 29/05/2019 Accepted: 02/10/2019 Published: 30/02/2020

Abstract

The relevance of the problem is associated with the progressive development of our society. In addition, the relevance is due to

the shortcomings of legal, organizational anti-corruption, especially in the social sphere. The purpose of the study is to develop

proposals to minimize grassroots corruption. The quality of life of people, their material and moral well-being depends on the

achievement of this goal. The key research method is the method of analysis of the current social legislation. This article is prepared

using comparative research methods and thus it is aimed at developing proposals for combating corruption and legal support of the

social function of the state. The practical significance of the article lies in the fact that it reveals the possibilities of legal regulation of

anti-corruption combatting, as well as the elimination of the causes and conditions that determine the level of corruption in the social

sphere. In addition, the work reveals the essence of legal and organizational support of anti-corruption combating; the types of

organizational and legal means involved in the mechanism of ensuring the social function of the state are defined.

Keywords: Corruption, Counteraction, State, Function, Protection

thousand corruption crimes were registered, while the amount

Introduction

of property damage caused by them amounted to 78 billion

rubles. According to the corruption perception Index in 2017,

Russia ranked 135th out of 180 places. Corruption, which

manifests itself in the social sphere, is particularly dangerous.

The presence of corruption in this segment of public

administration hinders the formation and legal support of the

state social function, in this regard; public efforts should be

focused on combating corruption in the social sphere of

public administration. It should be mentioned that in 2018 in

an array of cases of corruption the following prevailed: Petty

corruption (1 366 criminal cases); Fraud (1210), bribery

The problems of combating corruption in the system of

public administration are of paramount importance, the

success of socio-economic reforms, social well-being of

people, as well as the formation of an effective social state

depends on the solution of this issue. It should be noted that

the problem of corruption has now become one of the global

in international and national law. In this regard, almost every

state develops legislation on combating corruption, carries

out a set of legal and organizational measures related to its

counteraction, and carries out the fight against certain forms

of corruption, both in the structure of public administration

and in other segments of public administration. It should be

recognized that corruption takes place in almost any system

of public administration, indicates its danger in any political

and legal regime, however, despite its manifestation, the

phenomenon in question has a different level of public

danger. Attention should be paid to the fact that in 2016, 32.9

(

1105); receiving a bribe (926); Misappropriation or

embezzlement (509); Abuse of office (228); abuse of authority

199); forgery (161); Mediation in bribery (166); Commercial

(

bribery (165); Abuse of power (33).

Corruption, including in the social sphere, increases

social and political tensions and poses a threat to the security

of the state and society as a whole.

Corresponding author: Alexander V. Polukarov,

Department of Administrative and Financial Law, People’s

Friendship University of Russia (RUDN University),

Moscow, Russia. E-mail: alexander-and-law@mail.ru.

2 Literature Review

Issues of legal regulation of social relations have been the

subject of scientific analysis for a number of scientists.

841

Journal of Environmental Treatment Techniques

2019, Volume 7, Issue 4, Pages: 841-846

Therefore, separate issues of legislation development on

social security were under consideration J.V. Vasilyeva

implementation of the state program of Russian Federation

Social support of citizens.

(

2010), S.I. Kobzeva (2009). The problems of legal and

The reasons that give rise to corruption in one or another

state on the one hand are the same, and on the other - a

number of national characteristics influences their

determination. As it was noted at the time Yu.A. Dmitriev

(2012) "...the main cause of corruption is the murderously

low standard of living of the population of our country,

generated by low productivity and multiplied by the very

high cost of this life" (13).

In this regard, the task of each state is to form a legal

regime against corruption, to put it under control, and not to

allow it to become a significant threat to national security. As

it is noted, in the decree of the President of the Russian

Federation of May 13, 2017 Strategy of economic security of

the Russian Federation for the period until 2030one of the

threats to economic security is the high level of

criminalization and corruption in the economic sphere (p. 12).

In its turn, the Concept of public security in the Russian

Federation (approved by the President of the Russian

Federation on November 14, 2013 № Pr-2685) notes that “...

at present legal and organizational bases of anti-corruption

are created, its level continues to remain high. Numerous

facts of corruption crimes committed against the state power,

interests of public service are noted. There are stable

tendencies to merging of interests of business and officials,

inclusion in corruption schemes of officials and

representatives of business of foreign States".

organizational support of the social services market were

considered in the works: A.V. Barkova (2008), N.A.

Kazibekova (2010). Social insurance relations were the

subject of research V.P. Galaganova (2009) (5, 14, 16, 19,

1). It should be noted that the issue of legal regulation of

social relations has an extensive scientific base (32), but the

problems of combating corruption in the social sphere have

not been specifically addressed. The issues of legal support of

the state functions were studied in various aspects. Thus, the

functions of administrative coercion were the subject of

research E.N. Pastushenko (1986). Separate state functions

are examined in works M.A. Lapina (2002), A.A.

Saidamanov (2006). From the theoretical side, the functions

of the state are examined A.A. Dembitsky (2017) and R.E.

Zhikhoreva (2017) (12, 21, 24, 28, 34).

The research of the scientific literature shows that the

problem studied by us has been studied quite significantly

from the standpoint of criminal law and criminology. In

particular, the designated subject is described in thesis of S.V.

Plokhov (2013) and T.A. Balabanova (2013) (4, 25).

The social sphere, unlike other areas of public

administration, has a certain specificity, since its functioning

involves the majority of citizens of the country (18), certain

social services are provided by both budgetary and extra-

budgetary social institutions and organizations that, for

objective reasons, often operate in a situation of economic

competition, for example, clinics, educational organizations,

etc. On the social sphere substantial amounts of funding are

allocated, for example, only the state program of Russian

Federation Development of health is allocated 2017 3 971

These and some other facts require the state to make

additional efforts to create a full-fledged anti-corruption

system, as well as to protect the rights and freedoms of

citizens in various segments of public administration.

Considering the problem of corruption in the institutional

aspect, it should be noted that it is a social phenomenon and

27,7 rubles for the state program of the Russian Federation

Development of education for 2013-2020 – 37 403,9 rubles,

the Russian Federation state program Social support of

citizens – 1 079,7 rubles. It is necessary to ensure that all

amounts allocated from the budget are spent only on the

addressees.

thus a mandatory companion of the state or public

administration. While the corruption offense is subjective and

with this offense now, in fact, the fight is carried out.

Corruption literally means decomposition, spoilage,

depravation. As it is noted (3) "...corruption is the complete

indifference of the individual to the public benefit and

solidarity in the name of personal benefit".

Results and Discussion

It should be noted that the issues of ensuring social

In due time (22) correctly noted, "...conditions of

effective fight against corruption is definition of this concept

and its characteristic as social and legal phenomenon. In this

regard, it is necessary to distinguish the concepts of

corruption as a phenomenon, and corruption as the behavior

of certain individuals and their groups." On this basis, it can

be concluded that the concept of corruption is not identical to

the category of corruption offense. There is a very original

view of the problem of corruption (7). In particular, the

indicated author writes "... corruption is a system of actions

of a public servant, carried out through the misuse of power,

including by providing protection to relatives and brothers-in-

law, for the purpose of personal enrichment or strengthening

of personal power in return for the provision of certain

services to others".

function in conjunction with the fight against corruption were

not specifically considered. It should be noted that the

difficulties are caused by the fact that there is no normative

concept of social sphere to date, but a list of activities in the

field of health, education and social sphere carried out by

legal entities and individual entrepreneurs has been

established.

The decision of the Government of the Russian

Federation dated 15 April 2014 № 296 "On approval of the

state program of the Russian Federation Social support

indicated the following sub-programs: 1) Provision of

measures of social support of separate categories of citizens;

2) Modernization and development of the social service of

the population; 3) state support of the families having

children; 4) improving the effectiveness of government

support to socially oriented nonprofit organizations; 5) the

Older generation; 6) Ensuring the conditions for the

Modern corruption is complex and not homogeneous,

which objectively causes the need to consider a variety of

aspects of its manifestation. It should be noted that in a

certain segment of the social sphere’s functioning so-called

Journal of Environmental Treatment Techniques

2019, Volume 7, Issue 4, Pages: 841-846

petty corruption manifests itself, the public danger of which

is often underestimated. As it is noted Yu.V. Truncevski

literature makes it possible to conclude that some social

rights and the mechanism of their implementation were

studied specifically. Therefore, Yu.S. Kabanova (2018)

considered the human right to access to cultural values E.V.

Chulichkova (2018) concerned the rights of citizens on a

favorable environment (2, 11, 15, 23, 26).

(

2018) "...domestic corruption is a phenomenon with deep

historical roots and pervasive, this phenomenon is generated

by the interaction of ordinary citizens and officials of lower

and middle level. Domestic corruption is widespread,

especially in education, health care and other segments of the

social sphere" (29).

Returning to the characteristics of corruption offenses, we

emphasize that the category in question officially appeared

relatively recently. Thus, the Federal law of December 25,

2008 on anti-corruption defines that " ... anti-corruption is

the activity of detection, prevention, suppression, disclosure

and investigation of corruption offenses (fight against

corruption). Anti-corruption is aimed at minimizing and (or)

eliminating the consequences of corruption offenses (article

1). One need to pay attention that the corruption is based on

the principle of inevitability of responsibility for corruption

offences (article 2), etc. Let us give another example of the

use of the designated categories in the current legislation on

combating corruption. Thus, one of the duties of a civil

servant is to notify the head and other authorized entities of

the fact of inducing him/her (the employee) to commit

corruption offenses (article 9).

Using the term corruption offense legislation does not

disclose its content, thereby making this category somewhat

abstract. It seems to us that this provision in the current

legislation weakens the regulatory and protective potential of

the law on combating corruption. Taking into account the

peculiarities of the legal means involved in combating

corruption, it can be concluded that a corruption offense

based on the criteria of public danger can be divided into

corruption crime; corruption administrative offense, as well

as corruption disciplinary offense. The designated illegal acts,

each in its own way, cause harm to protected public relations.

We also emphasize that each of the above-mentioned acts is

an integral element of corruption as a social and legal

phenomenon.

Petty corruption in view of its prevalence forms an

unfavorable moral and psychological climate in society, it

must be recognized that this form of corruption is a breeding

ground for other forms of corrupt behavior. The public

danger of petty corruption, as was already noted, is

underestimated, while a holistic anti-corruption in the system

of public administration without countering petty corruption

is ineffective. An integral state system of combating

corruption should cover all levels of manifestation of this

social phenomenon, only in this case can we count on a

certain positive result in combating corruption manifesting

itself, in particular in the social sphere. Attention should be

paid that the social sphere is the basis for the formation of the

concept of a social state. In addition, the social sphere as an

institutional category enables citizens to realize the social

rights granted to them, as well as to receive the necessary

social protection from the state. The current legislation does

not define such a category as social sphere; however, this

definition has its own doctrinal interpretation. As it is noted

M.D. Chesnokova (2009)" ... the social sphere includes the

area of social life associated with the formation of man, the

development of his/her abilities, in addition, it concerns the

full satisfaction of his/her basic life needs" (9).

Thus, we can conclude that the social sphere, the area of

human life that helps him/her to develop, as well as to satisfy

their rights in the field of culture, education, science, art,

sports, to receive from the state social assistance, support, as

well as various kinds of social benefits and guarantees. The

social sphere performs other functions that enable a person to

feel a complete personality. Let us note that the full

functioning of the social sphere is possible with the proper

level of social protection, in this regard, we note that social

protection is a kind of legal protection of the individual. As it

was noted at the time S.D. Poroshchuk (1994) "...social

protection assumes the presence of the actual opportunities at

the disposal of the society, for the provision of particular

categories of citizens with certain social benefits, as well as

the regulatory consolidation in the law of corresponding

social benefits’ providing ".

In 2017 for the Commission of corruption offences 6, 8

thousand legal entities were involved to administrative

responsibility. The most common administrative offense of

corruption is article 19.28 of the Code of administrative

offences of Russia. Thus, in 2017, 503 cases on

administrative offences under this article were initiated.

Because of the work of the Prosecutor's office to oversee

compliance with anti-corruption legislation, 464 legal entities

were brought to administrative responsibility. The total

amount of administrative fines imposed on legal entities

amounted to 950, 7 million rubles.

The level of social protection and social security of

citizens directly depends on the quality of economic

development of the state. A number of social rights of

citizens, despite their constitutional consolidation, are subject

to adjustment in difficult economic conditions. In this regard,

it is necessary to agree with E.G. Azarova (2018) who

pointed to «... instability of social rights, as well as the

reduction of guarantees of the constitutional rights of citizens

in all elements of the social sphere." It should be noted that

the social rights of citizens are logically interrelated with the

social sphere. Therefore, it is possible to agree with T.K.

Mironova (2008) who noted "...social rights are rights that are

realized in the social sphere". The review of the scientific

As it was already mentioned, the danger of corruption is

very significant, corruption undermines the foundations of

statehood, distorts the principles of the legal and social state,

harms the economy, it should also be emphasized that due to

corruption there is a violation of the rights and freedoms of

citizens. Among the system of rights and freedoms of

citizens, which are violated because of corruption, social

rights, the implementation of which is identified with the

social state, occupy a special place. We must agree that the

social rights of the individual, as the phenomenon is

relatively new, this group of rights in fact began to be

discussed only in the twentieth century. As it is noted E.V.

Aristov (2017) "...the spread in the twentieth century of social

Journal of Environmental Treatment Techniques

2019, Volume 7, Issue 4, Pages: 841-846

rights as the most important human rights, contributed to the

development of the concept of the social state." (1)

combating corruption in the social sphere is the fact that

social services are provided to citizens not only by state

(budgetary) institutions, but also by non-governmental

organizations working in the social sphere. It should be borne

in mind that in the social sphere there is a competitive

relationship between state and non-state organizations that

provide certain social services. This point should also be

taken into account when developing regulations aimed at

combating corruption in the social sphere.

It is also important to understand the fact that the

regulations that are aimed at combating corruption in the

social sphere, should relate to the social sphere as a whole,

and not only affect the work of the relevant Executive

authorities, which exercise managerial influence on its

individual segments. Only such an approach can create a

holistic system of combating corruption in such a sensitive

element of public administration, which is the social sphere,

and thus move towards the formation of a social state and

ensure its social function. As D.A. Kerimov (2007) wrote in

his time "... state power by its nature is social, and therefore

its goals and objectives are not only the organization of

society, but also the satisfaction of material and spiritual

needs, as well as the interests of people" (17).

Speaking about a social state, it should be noted that such

a state has a number of qualities that allow citizens to feel

confident, as well as receive a number of social benefits,

which are provided for by the Constitution and social

legislation. The welfare state leads to the formation of such

state functions as a social function. As it was already partially

noted, today in effective work of this function the majority of

citizens of our country is interested. As it is noted O.V.

Rodionova (2007)" ... the social function is the activity of the

state aimed at minimizing the differences in the access of

members of the state to public goods, in order to ensure the

stability of society" (27).

It should also be emphasized that the social function of

the state cannot be isolated from other functions of the state.

In this regard, almost all functions of the state need legal and

institutional support. In particular, the effective functioning

of the social function cannot be ensured without the proper

implementation of the law enforcement and economic

functions of the state. In this regard, it can be concluded that

the social function is logically included in the system of

various functions of the state, both internal and external.

Despite this, we emphasize that the social function of the

state has its own internal content, as well as its special scope.

The social function is aimed at ensuring a decent standard of

living for all members of society without exception. The

quality of this function of the state is directly related to the

quality of the state itself, as well as its social and economic

policy.

According to the Constitution of Russia, the Russian

Federation is a social state whose policy is aimed at creating

conditions that ensure a decent life and free development of a

person (article 7). The Constitution defines a citizen's right to

education (article 43); everyone has the right to health care

and medical care (article 41). In addition, everyone is

guaranteed the freedom of literary, artistic, scientific,

technical and other forms of creativity (art. 26), etc.

The ordinary citizen is interested in the realization and

proper maintenance of social rights. As it is noted V.E.

Chirkin (2018) "...after the second world war the

constitutional development of individual States put forward

socio-economic provisions, issues of human life support, as

well as issues related to social justice in the foreground" (10).

As already it was noted, corruption undermines the

foundations of social policy of the state, pushes citizens away

from a number of free social wellbeing and services, and

violates the principles of equality and social justice. That is

why the formation of a social and just state is impossible with

high level of corruption in the system of public

administration, especially in the social sphere. It should be

noted that due to corruption, it is primarily the social rights of

citizens that are violated, the implementation of which falls

on the sphere of education and health care. In today's world,

there is no state that is economically and socially developed,

and in which there is a high level of corruption in public

administration. It is an axiom that this is excluded.

It should be noted that the Federal Executive bodies that

carry out public administration in various segments of the

social sphere are concerned about the problem of corruption.

Confirmation of this may be: the order of Ministry of health

of Russia from December 25, 2015 № 1010 About approval

of the list of functions of the Ministry of health of the Russian

Federation, the implementation of which gives rise to the

risks of corruption; order of Ministry of health of Russia

from August 21, 2018 № 551 On approval of the Plan of the

Ministry of health of the Russian Federation for countering

corruption in 2018-2020; order № 571 of the Ministry of

education and science of 16 may 2016 on approval of the

anti-corruption Plan of the Ministry of education and science

of the Russian Federation for 2016-2017, etc.

The analysis of the documents adopted on the issue of

fighting corruption in the named and certain other

management bodies of the social sphere, allows making a

conclusion that in these papers the emphasis is on fighting

corruption mainly in the public service system, the passage of

which is implemented in the relevant Executive authorities. It

should also be emphasized that a significant part of the

regulations contained in departmental normative legal acts

aimed at combating corruption in certain segments of the

social sphere functioning concerns the relations arising in the

course of the implementation of management relations.

It is noteworthy that departmental plans and other

documents related to the problem of combating corruption

largely do not take into account the peculiarities of the

functioning of the social sphere; they in particular do not

reflect the specifics of the decentralized nature of the

management of this sphere. An important feature of

It should be noted that the function of the state is

traditionally considered as the fundamental direction of its

activities. Revealing the law enforcement function of the

state, M.V. Zhigulenkov (2017) writes "...any direction of the

state at a certain historical stage of its development is called

its function". A variety of political and legal factors, as well

as features of the historical period of development of the state

affect the definition of priority areas in its activities. In this

regard, it is not without reason that the point of view

Journal of Environmental Treatment Techniques

2019, Volume 7, Issue 4, Pages: 841-846

regarding the allocation of the functions of the state in the

system – anti-corruption functions. At one time A.V. Kurakin

Scientific and practical results obtained, allow developing

certain areas in the formation and maintenance of the social

function of the state in conjunction with the solution of the

problem of combating corruption. The results are directly

aimed at improving the legal and organizational means of

combating corruption in the social sphere. The results provide

an opportunity to expand the boundaries of the use of state

coercion for violation of anti-corruption legislation. The

results of the study reveal the problem of theoretical and law

enforcement provision of anti-corruption in the social sphere,

so they are of direct practical importance from the point of

view of:

1) Development of proposals to improve the legislative

and departmental regulatory and legal regulation of anti-

corruption in the social sphere;

2) The organization of anti-corruption in the social

sphere, as well as the definition of corruption risk functions

of Federal Executive bodies exercising their competence in

the social sphere.

(

2008) raised the question of the need to enshrine in the

Constitution of Russia a separate function of the state as a

function of combating corruption. In particular, the author

wrote that "... for formation of a legal regime of policy of the

state on counteraction of corruption it is necessary to fix in

the Constitution separate function on counteraction of

corruption" (20, 33).

The key actors performing the functions of the state in the

social sphere are the Executive authorities. As it is noted K.S.

Belsky (1997) “... functions should be defined as the leading

direction in the activities of the Executive authorities, they

Express the target load of this branch of government. In other

words, functions can be understood as the goals that the state

sets for the Executive." We can agree with this position, but

at the same time note that the functions of the state are quite

difficult to distinguish from its goals and objectives. In this

regard, D.D. Tsabria (1975) rightly pointed out "...the

functions of the state, express the main directions of its

activities, they are so pervasive that they are even difficult to

distinguish from the task of the state" (6, 30).

3) It is established that corruption in the social sphere

increases social and political tension in society, creates a

threat to the security of the state, worsens the quality of life

of citizens;

It should be noted that such a category as the function of

the state, as an institutional category is considered in a

variety of aspects while it is always said that one of the

functions of the state is the social function, the quality of the

provision and implementation of which influences the level

and life expectancy of people. As it is noted Yu.N. Belyaeva

4) Corruption in the social sphere can be defined as a

dangerous social and legal phenomenon, manifested in the

use of medical, pedagogical, other social worker with

authority, or performing organizational and administrative,

administrative and household, managerial or professional

functions to extract property or non-property benefits for

themselves or third parties, destabilizing the normal

management work of bodies and institutions of health,

education, social protection and others , undermining the

authority of the state or municipal service or the status of a

socially significant profession..

(

2016) "...the main task of the state in the social sphere is to

improve the standard of living of the population, ensuring the

quality of life of every citizen and the observance of

guarantees for those who for objective reasons cannot realize

their potential" (8).

On this basis, it should be noted that the social function

of the state should not be adjusted in the direction of its

deterioration, this function should be provided with a system

of legal and economic guarantees. Only in this case we can

talk about the formation and development of the social state.

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