DOCTRINAL ASPECTS OF IMPROVING THE ACTIVITIES OF INVESTIGATIVE BODIES IN COMBATING CORRUPTION

Abstract

In the article, based on the analysis of investigative and judicial practice, proposals are made to strengthen responsibility for corruption crimes and introduce responsibility for political corruption. A systematic analysis of the institution of effective repentance, provided for by the norms of criminal law, and the institution of a plea agreement, provided for by the norms of procedural law, is carried out. The analysis of collisions and problems that arise in the detection, prevention and investigation of corruption crimes has led to the introduction of a number of proposals for the harmonization of criminal and criminal procedural law on the basis of a new doctrinal model of the institution of effective repentance. An integrative analysis of the application of criminal and criminal procedural law leads to the conclusion that systemic changes in legislation are necessary: First, strengthening responsibility for corruption with qualifying features, including the establishment of life imprisonment. Secondly, the introduction of an integrative institution of responsibility for political corruption. Thirdly, the introduction of a harmonized institution of mitigation of responsibility for corruption and other crimes in criminal and criminal procedural law under conditions of effective repentance of suspects (accused), with the cancellation of the existing plea agreement, which is not adjusted to the norms of criminal law and contradicts constitutional and other norms of greater legal force. Fourthly, strengthening the procedural independence of the investigator and guarantees of his independence from the executive branch. Proposals are made to strengthen the procedural status of the investigator. On the basis of a systematic analysis of the problems of investigative activity, proposals are made to improve the law of evidence. The necessity of entrusting the prosecutor's office with the function of state supervision over the observance of human rights and freedoms in the state and the implementation of anti-corruption legislation in the activities of enterprises, institutions and organizations, executive authorities and local self-government is substantiated. The analysis of conflicts in the application of the rules governing the receipt of evidentiary information at the stage of detection, prevention and investigation of crimes confirms the conclusion that it is necessary to adopt a single doctrinally new law for all forms of court proceedings – the «Code of Evidence Law».