THE FIGHT AGAINST CORRUPTION IS AN IMPORTANT FACTOR IN THE DEVELOPMENT OF THE COUNTRY

This article describes the concept of corruption and its content, various scientific and theoretical views on corruption, as well as the possible causes and consequences of corruption. They also discussed in detail the large-scale legal reforms aimed at preventing corruption in the country, state anti-corruption programs and mechanisms for their implementation, as well as best practices in combating corruption in developed countries. The author of the article emphasizes the importance of building immunity in the fight against corruption in the life of society in the Republic of Uzbekistan, and makes recommendations for the prevention of corruption based on the analysis of reforms and government programs in this area.

THE FIGHT AGAINST CORRUPTION IS AN IMPORTANT FACTOR IN THE DEVELOPMENT OF THE COUNTRY

Keywords: Corruption, crime, shadow economy, government program, monetary power, authorities, fight corruption human factor.

Axrorbek Abduqodirov Master’s student, Tashkent State University of Law E-mail: axrorbektdyu@gmail.com ORCID: 0000-0003-0338-409X

This article describes the concept of corruption and its content, various scientific and theoretical views on corruption, as well as the possible causes and consequences of corruption. They also discussed in detail the large-scale legal reforms aimed at preventing corruption in the country, state anti-corruption programs and mechanisms for their implementation, as well as best practices in combating corruption in developed countries. The author of the article emphasizes the importance of building immunity in the fight against corruption in the life of society in the Republic of Uzbekistan, and makes recommendations for the prevention of corruption based on the analysis of reforms and government programs in this area.

I. Introduction It is known that corruption harms the political and economic development of any society, erodes the constitutional foundations of the state and the moral foundations of society, weakens democratic institutions and the rule of law, and seriously violates the rights and freedoms of citizens. We can look at this problem differently. From a historical point of view, corruption is one of the most ancient crimes: wherever there is a state, in various branches of the state apparatus, it is a form of crime that spreads from the bottom up. Territorially, corruption is one of the most widespread crimes in the world. Different countries, past and present, have fought and continue to fight corruption, successfully or unsuccessfully, on all continents of the world. However, so far they have not been able to find a way to completely eliminate it. It is worth noting that harmful social ills have been identified to a large extent in

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all countries, large and small, regardless of state and poor control. Although the world community, which is working on the implementation of this defect, is making a concerted effort, it still remains a pressing problem. These disturbing remarks are often heard from the highest tribunes of the world. UN Secretary-General Antonio Guterres and the World Community Corporation estimate that the damage is estimated at $ 2.6 trillion annually. II. Research results and discussion. Today, it is difficult to find a holistic basic definition that fully covers all the elements of the concept of “corruption”. This is due to the fact that many scientists also use different definitions in international organizations and various regulations. Therefore, from the etymological point of view of corruption, in some sources the term “corruption” is derived from the Latin word “corruptio”, which means “bribery”[1]. According to another source, “corruption” is derived from the Latin word “corruptum”, which means “broken, corrupt” and means harm to the public interest in the pursuit of private life and corporate gain[2]. According to Karen Katz, a Western statesman, “corruption is the abuse of power to gain personal wealth in the form of material or intangible benefits”[3]. In addition, Article 7 (b) of the Code of Conduct for Law Enforcement Officials, adopted by the United Nations General Assembly on 17 December 1978, states that corruption an act or omission committed for the benefit of the person representing that interest within the scope of his / her official powers ”[4]. The Convention on Civil Liability for Corruption, adopted by the Council of Europe in 1999, provides for the direct and indirect granting of any benefits to corruption aimed at preventing it from fulfilling its obligations and rules of conduct. offer or request actions[5]. According to Article 3 of the current Law of the Republic of Uzbekistan “On

Combating Corruption”: It is defined as the unlawful use of such benefits for the purpose of profit, as well as the unlawful provision of such benefits”. Even at the international level, the United Nations has dealt with this issue and continues to do so. Corruption is defined by this organization as follows: 1) Theft, robbery and misappropriation of state property by officials. 2) Abuse of official position for illegal gain. 3) Conflict between social duty and personal greed, interests. Given the prevalence of corruption and the difficulty of eradicating it, it can be called an “international catastrophe.” From this point of view, the negative aspects of corruption, which erode the foundations of our current development and hinder its development: First of all, the rise of crime and corruption erodes the constitutional foundations of the state, leading to serious violations of the rights and freedoms of citizens. The utterly naughty rule that “the purpose of passing laws and decrees is to circumvent them” leads to the loss of the ability of society to maintain the simplest legal order and public order [7]. If criminal gangs and “racketeering” gangs “party” in the economy and people run away from random passers-by for fear of the streets, can it be about stability and stability in society? Of course not. Second, there is a saying that “money strives for power”. However, it is not difficult to imagine how the money will be managed, even if it is obtained through criminal means, and if its owners get into the power structures of society. Here I am reminded of the words of the famous thinker Aristotle: “He who gains power with money, seeks to make money from it.” It is well known how influential people in the criminal world come to power and it has been tested in many countries. First of all, this work begins with liaising with and strengthening the links with the authorities in order to preserve the sources of dirty income, their guaranteed

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use. After that, the power itself will be gained. The involvement of the authorities in crime is one of the most serious threats to a developing society. The confusion of criminal structures with government officials and their infiltration into various branches of government increases the public’s sense of vulnerability. It discredits the state. Distrust of him is growing, both inside and outside the country. Third, from a political point of view, corruption is an expression of resistance to ongoing reforms. In it, the interests of the “secret” economy are objectively merged with the administrative-command system, which has lived its life, trying to slow down the development of new economic relations as a threat to itself. Corrupt officials put the interests of the individual and the interests of the tribes ahead of the interests of the state. This will cause irreparable damage to the political and economic path of the country and to the majority of the population. In addition, in the transition period, when new economic relations are just being established and a qualitatively different political system is being formed, corruption has the potential to block this process by its actions. Fourth, crime and corruption undermine the moral foundations of society. Destroys the citizenship of members of society. Creates conditions for a negative attitude to the changes that are taking place. It discredits the idea of ​​reform and creates a sense of longing for the old times, including the strong hand of a powerful center. In the context of certain difficulties of the transition period, the minds of citizens, especially the younger generation, may form and decide that the main way to achieve a high standard of living is to engage in illegal activities. The pursuit of wealth in this way, if it escapes the attention of society and legal control, will lead people astray, especially young people who are just starting out in life. After all, is there anything more tragic and destructive for society and the state than the moral decay and departure of the younger generation?

Cases and causes of corruption in society also occur on different grounds. Including: The economic causes of corruption are, first and foremost, the low salaries of civil servants, as well as their firm and the power to influence the activities of citizens is high. Corruption thrives when officials have the power to distribute certain rare blessings. This is especially true in developing and transition countries, but also in developed countries. In the United States, for example, corruption was reported during the implementation of the preferential housing program for needy families. Institutional causes of corruption include: high levels of closure of public institutions; the size of the reporting system; lack of transparency in the legislative system; a weak human resources policy of the state that allows unemployed people to proliferate and rise above the ranks of the service regardless of the services they provide. Socio-cultural causes of corruption: loss of moral values in society; citizens’ lack of information and organization can be the result of society’s indifference to the arbitrariness of “authorities.” On December 9, 2003, a high-level Political Conference opened in Merida, Mexico, at which representatives of more than 100 countries signed the United Nations Convention against Corruption. The UN General Assembly has declared this day as International Anti-Corruption Day. Today, 173 countries are parties to the convention. On July 7, 2008, the President of the Republic of Uzbekistan adopted the Law “On Accession of the Republic of Uzbekistan to the United Nations Convention against Corruption (New York, October 31, 2003)” and Uzbekistan has also undertaken international obligations to prevent and combat this anti-social evil [4]. Another politically important convention was ratified by the UN Convention against Corruption in 2008, and in 2010 the Organization for Economic Co-operation and Development joined the Istanbul Action Plan of the Anti-Corruption Network.

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In recent years, a number of measures have been taken in our country to further improve the legal mechanisms for combating corruption, as well as important normative and legal documents, including as a proof of our opinion. signed the law “On combating corruption”. This law defines the main directions of state policy in the fight against corruption, the system of competent state bodies, as well as the participation and role of citizens’ self-government bodies, civil society institutions, the media and citizens in this area. Measures to prevent corruption, ensure the inevitability of punishment and ensure international cooperation in this area have been strengthened.

In addition, according to this law, the main directions of state policy in the field of combating corruption are as follows: - raising the legal awareness and legal culture of the population, intolerance of corruption in society formation; - implementation of measures to prevent corruption in all spheres of state and public life; - timely detection of corruption offenses, putting an end to them, their consequences, allowing them elimination of causes and conditions, related to corruption the inevitability of liability for offenses to ensure the principle.

In the system of combating corruption, state programs have been adopted, which include all measures at the national level to make all government agencies, organizations and institutions corruptionfree. The first of these state programs was adopted by the Decree of the President of the Republic of Uzbekistan on February 2, 2017. The first State Program on Combating Corruption for 2017-2018 was adopted and specific measures were taken to implement it. Continuing these reforms, on May 27, 2019 by the Decree of the President of the Republic of Uzbekistan “On measures to further improve the anti-corruption system in the Republic of Uzbekistan” anti-corruption measures for 2019-2020 The next state program on combating the disease has been approved. As one of the last steps in this direction, the Presidential Decree of July 6, 2021 “On measures to create an environment of intolerance to corruption, sharply reduce corruption in public administration and expand public participation in it” The State Program on Combating Corruption for 2021- 2022 was adopted and systematic measures were taken.

In addition, the Regulation on the Republican Interagency Commission on Combating Corruption was approved. The Commission is chaired by the Prosecutor General of the Republic of Uzbekistan and the working body of the Commission is the Prosecutor General’s Office of the Republic of Uzbekistan. It is composed of 43 government officials and experts, civil society institutions and academia. Decisions made by the Commission are binding on all public authorities and administration, public associations and other organizations. An expert group has been set up under the commission to review and analyze the implementation of anti-corruption measures and organizational, practical and legal mechanisms.

At the same time, increasing the effectiveness of parliamentary oversight in the fight against corruption has led to a reduction in corruption in government. Committees on anti-corruption and judicial issues in the chambers of the Oliy Majlis and in the composition of the Jogorku Kenesh of the Republic of Karakalpakstan, regional and Tashkent city councils of people’s deputies, district and city councils of people’s deputies to ensure legitimacy and fight corruption Standing commissions were set up. Introduction of internal anti-corruption control system (compliance control) in government agencies and organizations.

Also, the previous adoption of the State Program approved by the PF on July 6, 2021 “On measures to create an environment of intolerance to corruption, sharply reduce corruption in public administration and expand public participation in it.” is characterized by the introduction of a number of innovations from the state programs.

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In particular, the decree established for the first time a special body - the Anti-Corruption Agency, which is responsible for identifying and systematically analyzing the risks of corruption and eliminating the factors that cause them. Internal anti-corruption structures are being set up in public authorities and large businesses[5]. Effective mechanisms to prevent corruption and abuse in many areas, such as the use of digital technology to issue license plates to vehicles, the provision of notary and other public services, land allocation, control over compliance with traffic rules is being introduced. In order to form and prevent an uncompromising attitude to corruption in our country, to ensure openness and transparency of government agencies, to reduce the “human factor” in public administration, the widespread introduction of information and communication technologies in public administration.

In order to combat this type of evil, it will be possible, first of all, to raise people’s awareness and increase their legal literacy. Developed foreign countries have struggled by strengthening legal measures to combat corruption in countries such as Hong Kong, Singapore, Switzerland, Japan, Germany and France. For example, in addition to taking bribes, Article 129 of the South Korean Criminal Code also provides for liability for soliciting bribes and promising to take bribes. It is noteworthy that the criminal law of this state considers not only bribery or the promise of a bribe, but also the fact that a person has expressed his desire to pay a bribe as punishable[6].

Hong Kong criminal law has limited bribery offenses by setting a list of actions that can be taken in return for a bribe. Pursuant to Article 4 of the Bribery Prevention Act of 1971, any person, whether in Hong Kong or elsewhere, without a legal authority or justification shall be entitled to: - performance or refusal to perform any action as a civil servant; - acceleration, delay, prohibition or prevention of the action of this or that civil servant by any other civil servant as a civil servant; - the provision of any benefit to any person for assisting, supporting, obstructing or delaying the conduct of any business by a government agency shall be the basis for his liability.

Part 2 of this article provides for liability for a civil servant to be interested in the performance of the actions listed above.

Currently, the least corrupt countries are Denmark, New Zealand, Germany, the United Kingdom, Japan, South Korea, Singapore and others. The most corrupt countries are Afghanistan, Tunisia, Algeria and many other countries in Africa.

In short, given that corruption is a threat to development and a dangerous crime that threatens security, the sole purpose of such actions is to increase the effectiveness of the fight against corruption in the country. At the same time, we are working to regulate legal relations in the field of combating corruption in our country today, to increase the effectiveness of measures in this area, to eradicate this scourge, to further develop interagency cooperation in resolving intolerance of corruption in society. We need to further introduce modern information and communication technologies, including video surveillance systems, electronic accounting and exchange, interdepartmental databases in the anti-corruption activities of government agencies. Efforts to introduce and expand electronic media, and to use modern technology to provide services and information to the public have a positive impact on corruption. Also, although the rules on the prevention of conflicts of interest in the fight against corruption are included in the legislation, their proper application requires further regulation, including not limited to disciplinary measures. We need to expand the accountability measures we need. The fight against this scourge should be the work of all, not just the relevant authorities. Only then will we eliminate this danger.

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1. Criminology. Textbook. Editor-in-chief: M.Kh. Rustambaev. - Tashkent: TGUI, 2008. - P. 219 2. Zufarov R. Bribery - the basis of corruption // State and law. - 2000. - № 4. - P. 41. 3. Katz, Karen, Here Comes the Bribe: Canada’s efforts to Combat Corruption in International Business, 69 Adv. 501 (2011). 4. Code of Conduct for Law Enforcement Officials (Adopted by UN General Assembly Resolution 34/169 of December 17, 1979) // [Electron manba]. URL: https://www.un.org/ru/ documents/decl_conv/conventions/code_of_conduct.shtml. 5. Civil Law Convention on Corruption. Strasbourg, 4 November 1999. 6. Yaxshilikov J. YA., Nurmuhammedov N.YE. National idea and ideology. - T .: Uzbekistan, 2015. - P. 137-138. 7. Law of the Republic of Uzbekistan “On Accession of the Republic of Uzbekistan to the United Nations Convention against Corruption (New York, October 31, 2003)” of July 7, 8. PF-6257 dated 06.07.2021 “On measures to create an environment of intolerance to corruption, sharply reduce corruption in public administration and expand public participation in it.” 9. Republic of Korea: Criminal Code [Republic of Korea], 3 October 1953 // [Electronic resource] URL:https://www.refworld.org/docid/3f49e3ed4.html [accessed 7 May 2020].

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