MANAGEMENT OF CORRUPTION RISKS: LAW PROBLEMS OF IDENTIFICATION AND LEGAL ASSESSMENT OF PROBABILITY OF MANIFESTATION

Abstract

The legal problems of identification and evaluations of the probability of corruption risks manifestation are analyzed in the article. Found, most of anti-corruption measures of the authorities are formal and amount to the adoption of political documents. The purpose of the article is the theoretical substantiation of the components of the process of managing corruption risks and motivating the most appropriate methods of risk assessment. The following is proposed in the article: the anti-corruption control is understood as a system of checks aimed at identifying corruption risks and assessing the implementation of anti-corruption measures at the enterprise; the corruption risk is understood as the probability that an event of a corruption offence or the offence related to corruption will occur, which will negatively influence the achievement of the enterprise’s goals and objectives. It is recommended that the reasons for corruption risks are conditions that encourage (stimulate), cause or allow a person in the course of his or her functional duties, to commit unlawful acts characterized by deceit, concealment or misuse of trust in order to obtain money, property or services, as well as to evade the payment of funds for personal gain. The realization of corruption risk is manifested in various types of corporate fraud, in particular, illegal appropriation of assets, corruption as a result of conflict of interests, fraud involving the manipulation of accounting (reporting) data. It is stated that the main criterion that determines the probability of corruption risk manifestation is the frequency of cases of committing a corruption offence, taking into account the time limits. In this regard, there are risks with a low, average and high level of manifestation probability.