Corruption risks in the granting of legal advantages by the law
The research objective is the solution of a big scientific problem - determination of the bases for granting additional rights and opportunities to specific subjects, and influence of this process on the formation of corruption risks. The hypothesis of the research is a thesis that the specifics of human society consists in its versatility caused by people's deep individuality and originality. As a result of it, society develops in a full variety; people often abstract away from the already established ways of moving and behavior options. In this regard, the solution of problems of not only a theoretical and legal mediation of universal equal opportunities, but also practical aspects of equality realization is required. Using the theoretical methodological framework (historical, dialectical materialistic, formal legal ways of cognition) tested by science, as well as practical applied tools, a thesis about the negative nature of advantages in law and a corruption element in them is disproved. Having appeared as a protest to a feudal arbitrariness, individualization of each person, along with their claims on self-determination in life and society, has created a fertile field for granting legal advantages in laws. Demands and opportunities based on merits before society and the state, aspirations to achieve results of activities which surpass standard ones extended to legal advantages. During the research, having considered the available doctrinal material, data of judicial and other law enforcement practices, the author has come to a conclusion that today legal advantages are implemented in all spheres. However, realities and regularities of the state and economic development of the Russian Federation allow to reliably predict abuse of these benefits, temptations to use them for personal gain. Proving the important social nature of immunities, a key role of benefits and privileges in stimulation of vigorous business activity, the problem of formation of more profound scientific knowledge about these forms of legal advantages is solved. The author comes to a conclusion that natural differentiation of society should not cause corruption risks while its criteria are objective. According to the author, corruption risks include the need for ensuring independence and impartiality of the highest officials performing important state functions, thus legal immunities are provided for them; support of natural persons who have achieved good results in work and their subsequent stimulation, thus they can receive privileges for further business development; the need for social assistance to certain citizens who lack psychophysiological abilities, thus they can receive compensations, donations and other privileges to equal their opportunities with other participants of relations.
Keywords
коррупция, правовое преимущество, финансовое стимулирование, льгота, иммунитет, corruption, legal advantage, financial stimulation, privilege, immunityAuthors
Name | Organization | |
Repev Аrtem G. | Barnaul Law Institute of the Ministry of the Internal Affairs of Russia | repev-artem@yandex.ru |
References

Corruption risks in the granting of legal advantages by the law | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2018. № 434. DOI: 10.17223/15617793/434/29