Crimes against the order of administration: corruption
Lessons 14 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
14
Crimes against the order of administration
Textbook: pp. 81–85
GoalExplain the concept and signs of corruption, the crimes of taking a bribe, giving a bribe and mediation, and the tools for fighting corruption.
New words
corruption, abuse of an official position for personal or others’ gain · Korrupsiyaa bribe, an unlawful benefit given to an official · Poraconflict of interest · Manfaatlar to‘qnashuviabuse of office · Mansabni suiiste’mol qilish
Explanation
State bodies must work for the benefit of the people, and an official must not use his powers for personal gain. Corruption is the unlawful use by an official of his office or service position for personal gain or the gain of others; its signs are an official power, an unlawful benefit and harm to society. Taking a bribe means an official receiving money, property or other benefits for an act (or omission) within his powers; giving a bribe and mediation in bribery are also separate crimes, so not only the recipient but also the giver can be held liable. The line between an ordinary gift as a “sign of respect” and a bribe is that a gift is not given to influence an official act and does not exceed the value allowed by law. In Uzbekistan the fight against corruption relies on the Law on Combating Corruption (2017), officials’ income declarations, rules to prevent conflicts of interest and a special state body; a citizen can also report an unlawful demand through lawful channels. Penalties often include confiscation of property and deprivation of the right to hold certain posts.
Worked examples
Bribe: an inspector asked the head of an enterprise for money in exchange for writing a “good” inspection result. This is a bribe demanded for an official act; the head should not pay but report through lawful channels to internal control or law-enforcement bodies.
Conflict of interest: a tender commission member must withdraw from a competition in which his relative’s company takes part, because personal interest may influence his official duty.
Class activity
Analysis exercise: “Gift or bribe?” — the teacher gives five fictional situations (for example flowers for a teacher, money to speed up an application); groups list the signs and decide.
Practice
1
What is corruption?
An official’s unlawful use of his service position for personal or others’ benefit.
2
How do taking and giving a bribe differ? Are both crimes?
Taking is the official accepting a bribe; giving is offering and handing it over; both are separate crimes.
3
How can one draw the line between an official accepting a “gift” and taking a bribe?
A gift does not influence an official act and does not exceed the value allowed by law; a bribe is given in exchange for an official act.
4
Why is corruption dangerous for society? Write two reasons.
Because it breaks the law and equality (services go to those who pay) and weakens trust in the state and the economy.