Микрюков В.А. Ограничения и обременения исключительных прав

Аннотация: The sphere of research and information based on permanent research of the corruption situation and fight against it is of a major importance for elaborating a national approach to fulfilling international anti-corruption agreements. The necessity to improve research procedures is defined by the UN Convention against Corruption as of 31, December 2003, to the implementation of which the Russian Federation has pledged itself. For example, Article 61 of the Convention deals with accumulating and analyzing information on corruption. In order to meet these requirements an effort was taken in the current report to compare the results of criminological research and expertise of non-profit organizations related to assessing corruption and the efficiency of the fight against it in the current situation in Russia. In particular the expert research methods used by Transparency International and other Russian non-profit organizations were analyzed. The differences between the methods of assessing corruption and the efficiency of fight against it are evaluated in regard to their representativeness (reliability), objectivity, and integrity. Disadvantages of sample or limited research are highlighted. Such types of research don’t produce clear criteria for defining the level of corruption and result in relative notion of its real condition and regularities. An outline of the method of corruption research in its various manifestations and the fight against them is given. The article is a presentation of a previously issued complex monograph that contains the main results and conclusions of the conducted research. Besides dealing with the results of the author’s criminological research of corruption and fight against it the report also takes up certain measures, implementation of which should be associated with the improvement of the report in this sphere. In particular the report highlights the necessity of a normative defining procedure for different types of corruption that will be subjected to research. It is underlined that the absence of such a procedure causes subjective presuppositions on the level of corruption. The implementation of this will allow classifying corruption-related unlawful acts with the view of arranging them in a unified statistical register. The report also substantiates the necessity to consolidate the research and information activity, a special statistical register of showings on corruption-related crime, as well as to consolidate the assessment of the counteraction efficiency within the framework of a specialized authority on fight against corruption. The implementation of the measures will enable a corruption research that will meet the requirements of anti-corruption conventions, as well as getting reliable assessment of the counteraction efficiency.

Abstract: The sphere of research and information based on permanent research of the corruption situation and fight against it is of a major importance for elaborating a national approach to fulfilling international anti-corruption agreements. The necessity to improve research procedures is defined by the UN Convention against Corruption as of 31, December 2003, to the implementation of which the Russian Federation has pledged itself. For example, Article 61 of the Convention deals with accumulating and analyzing information on corruption. In order to meet these requirements an effort was taken in the current report to compare the results of criminological research and expertise of non-profit organizations related to assessing corruption and the efficiency of the fight against it in the current situation in Russia. In particular the expert research methods used by Transparency International and other Russian non-profit organizations were analyzed. The differences between the methods of assessing corruption and the efficiency of fight against it are evaluated in regard to their representativeness (reliability), objectivity, and integrity. Disadvantages of sample or limited research are highlighted. Such types of research don’t produce clear criteria for defining the level of corruption and result in relative notion of its real condition and regularities. An outline of the method of corruption research in its various manifestations and the fight against them is given. The article is a presentation of a previously issued complex monograph that contains the main results and conclusions of the conducted research. Besides dealing with the results of the author’s criminological research of corruption and fight against it the report also takes up certain measures, implementation of which should be associated with the improvement of the report in this sphere. In particular the report highlights the necessity of a normative defining procedure for different types of corruption that will be subjected to research. It is underlined that the absence of such a procedure causes subjective presuppositions on the level of corruption. The implementation of this will allow classifying corruption-related unlawful acts with the view of arranging them in a unified statistical register. The report also substantiates the necessity to consolidate the research and information activity, a special statistical register of showings on corruption-related crime, as well as to consolidate the assessment of the counteraction efficiency within the framework of a specialized authority on fight against corruption. The implementation of the measures will enable a corruption research that will meet the requirements of anti-corruption conventions, as well as getting reliable assessment of the counteraction efficiency.