Criminological measures to counteract corruption offences in the field of illegal gambling
| DOI | https://doi.org/10.1108/JFC-11-2021-0246 |
| Published date | 30 December 2021 |
| Date | 30 December 2021 |
| Pages | 4-23 |
| Author | Anara S. Berdaliyeva,Alexandr I. Kim,Aliya M. Seraliyeva,Aivazkhan A. Gassanov,Makhambet V. Dunentayev |
Criminological measures to
counteract corruption offences in
the field of illegal gambling
Anara S. Berdaliyeva and Alexandr I. Kim
Department of Special Legal Disciplines, Law Enforcement Academy Under the
Prosecutor General’sOffice of the Republic of Kazakhstan, Kosshy, Kazakhstan
Aliya M. Seraliyeva
Department of Jurisprudence, Abai Kazakh National Pedagogical University,
Almaty, Kazakhstan
Aivazkhan A. Gassanov
Department of Social and Legal Disciplines, SILKWAY International University,
Shymkent, Kazakhstan, and
Makhambet V. Dunentayev
Department of Criminal Law Disciplines, Kh. Dosmukhamedov Atyrau University,
Atyrau, Kazakhstan
Abstract
Purpose –Despite all the anti-corruption measures and anti-corruption initiatives, people offer or accept
bribes without any hesitation. As anywherein the world, the negative consequences of corruption lead to a
reduction in direct investment,increase inequality and poverty, distort and use public investmentand reduce
public revenues. The purposeof this article is to study the criminological measuresto counteract corruption
offencesin the field of illegal gambling.
Design/methodology/approach –The methodologicalbasis of the study is the provisions of the theory
of knowledge: the laws of dialectical materialism, philosophical categories and scientific principles of
cognitionof social and legal reality.
Findings –Although many componentsof foreign state anti-corruption programmes are quite problematic
to apply in modern realities in the Republic of Kazakhstan, according to legal scholars, through gradual
implementationinto the legislation of the Republic of Kazakhstan because of the systematic improvementby
the state of the content of regulations and responsible implementation of anti-corruption strategies. In this
regard, one of the conditions in the fight against corruption is actions aimed at using the best practices of
countriesthat are similar to each other in terms of religion, habits,traditions, ethics and morality.
Originality/value –Anti-corruption initiativesusing information and communication technologies, such
as digital public services and e-government, crowdsourcing platforms, tools for exposing, transparency
portals, blockchain and artificial intelligence technologies can provide significant assistance in combating
manifestationsof corruption in the field of illegal gambling on the internet in the Republic of Kazakhstan.
Keywords Anti-corruption, Corruption offences, Criminological measures, Illegal gambling
Paper type Research paper
Introduction
Corruption always occurs because of many interrelated factors that can differ significantly
from each other. The most common causes of corruption are the political and economic
JFC
30,1
4
Journalof Financial Crime
Vol.30 No. 1, 2023
pp. 4-23
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-11-2021-0246
The current issue and full text archive of this journal is available on Emerald Insight at:
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environment, professional ethics and morality, habits, customs, traditions and
demographics, which are the basis of the leading problems of forming an anti-corruption
culture. The impact on corruption should be comprehensive, it should be based on the
coordination of methods of anti-corruption activities of state authorities, civil society
institutions, organisations and individuals. The manifestations of corruption range from
bribery and fraud to the most large-scale socio-political transformations. Sometimes
corruption is perceived as a suboptimal way to achieve a goal, when ethically better ways
are understood as inaccessible, imperfect or too expensive. With the exception of collapse,
corruption can lead to a persistent pattern of unethical behaviour that persists and is
reproduced for many years.
Although it is difficult to obtain accurate data on the economic costs of corruption, the
2016 report of the International MonetaryFund estimates the consequences of bribery alone
between US$1.5tn and US$2tn per year. This represents a total economic loss of
approximately 2% of global gross domestic product. And yet, in this case, the economic
costs of all other forms of corruption are not taken into account. As for fraud, money
laundering and tax evasion, for example, thousands of leaked documents known as the
Mossack Fonseca documents (Obermaier et al., 2017) (commonly referred to as the Panama
Papers) have revealed the huge economic consequences of offshore enterprises for many
countries and for economic inequality in general. Although the victims of corruption suffer
personal losses, intimidation and inconvenience, those who commit corrupt acts and take
part in illegal schemes, as a rule, experiencepersonal gain, a sense of superiority and greater
comfort. The wicked elementsin society thrive because income can be laundered, fundingis
disguised and officials are bribed with bribes (including gifts, services and other benefits).
Accordingly, the levels of violence, drug trafficking, the flourishing of prostitution, sexual
slavery, kidnapping and intimidation are increasing. Organised crime not only generates
corruption, but the opportunities for corruption left by a weak, negligent or incompetent
state can also lead to illegal activities.
The lack of criminological characteristics as such of this type of crime, the main
personality traits of the criminal who carries out corruption offences in the gambling
business, effective proposals for their prevention at the general social and special
criminological levels together actualise the problems disclosed in the paper and provide the
basis for the most important scientific research. To date, there is a consensus opinion
expressed in the almost worldwide recognition of the United Nations Convention against
Corruption (UNCAC) (United Nations Convention against Corruption, 2003), to which 187
states parties have joined as of February2020. Reviews of progress in the implementation of
the convention indicate that corruption acts are criminalised almost universally, which are
given a legal characteristic. Illegalactions defined by UNCAC as corruption crimes include:
bribery in the public and privatesectors (Articles 15, 16 and 21), embezzlement in the public
and private sectors (Articles 17 and 22), influence peddling (Article 18), abuse of official
position (Article 19), illegal enrichment (Article 20), money laundering (Article 23),
concealment (Article 24)and obstruction of justice (Article 25) in connection with thecrimes
listed above. An importantpoint of the convention is the inclusion of a special chapter aimed
at returning assets to their rightful owners, including the countries from which they were
illegally exported. The Republic of Kazakhstan also purposefully adheres to this anti-
corruption policy. An example of this is the adoption in 2015 of the Law of the Republic of
Kazakhstan “On the Civil Service of the Republic of Kazakhstan”(Law of the Republic of
Kazakhstan No. 416-V, 2015) and the Law “On CombatingCorruption”(Law of the Republic
of Kazakhstan No. 410-V, 2015), accordingto which the subjects of corruption official crimes
are civil servants.
Counteract
corruption
offences
5
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