ANTI-CORRUPTION CULTURE OF MEDICAL EMPLOYEES, FOREIGN COUNTRIES’ EXPERIENCE

Khamitova Aizhan Kayratbekovna
Karaganda State Medical University
5th year student, specialty “Public health”

Abstract
Annotation: the given article studies the overall situation with anti-corruption culture in various European, Asian and other countries. The main direction is made towards the bribery in health care service. The article presents examples of a successful struggle against corruption with the help of state law and socio-economic stimulation.

Keywords: bribe, corruption, criminal, embezzlement, law, stimulation, theft, transparency


Category: 22.00.00 Sociology

Article reference:
Anti-corruption culture of medical employees, foreign countries’ experience // Modern scientific researches and innovations. 2016. № 5 [Electronic journal]. URL: https://web.snauka.ru/en/issues/2016/05/67809

View this article in Russian

The knowledge how to use the governmental strategies to ensure personal freedoms is a necessary condition for the creation of the Republic of Kazakhstan as a democratic constitutional state [6]. Among the many socio-economic, political and legal problems of modern society the problem of the fight against corruption is not at the last place. It, like many other negative social phenomena creates the conditions of its own reproduction. It produces a negative effect on the further socio-economic and political order, and, the longer the period of large-scale corruption, the harder will be the fight against it, and the elimination of its consequences, even if some of its causes are eliminated [4].

It should be noted that the failure to take effective action in the radical fight against corruption can lead to that of a criminal, economic and social problems, it can turn into a political problem and become a national disaster, which can ruin the foundations of the constitutional system of the country. This was the fundamental reason that the President of the Republic of Kazakhstan N.A. Nazarbayev in his regular Message to the Nation titled “Kazakhstan-2030. Prosperity, security and improvement of welfare of all Kazakhstani citizens” as one of the seven main priorities of our state. This priority is directed towards the decisive and merciless fight against corruption. However, the President emphasized that only the effective deterrence of corruption is an acknowledged basis for building the rule of law [3].

Of particular relevance is the corruption phenomenon in the field of health care. Traditionally, we can consider here some shortcomings, namely unfair competition for the supply of medicines and equipment. However, such point of view can lead to consequences of considering just separate cases of negligence at work. Meanwhile, the level of cash allocated annually to the area of health services, is unfortunately doesn’t reach the addressee in full amount. The main areas for the health of corruption are: pharmacy; insurance; incentives (bribes); use of office equipment and facilities for personal purposes; corruption in public procurement; theft of narcotic drugs and psychotropic substances, using his official job position [7].

Currently, the country’s reputation with a overwhelming corruption is not only a political but also an important economic factor in terms of loans, foreign investment, etc.; as well as any reputation, it is difficult to be restored. Analyzing this question we can refer to the relevant words of the French jurist Mark Ansel: “Study of foreign law opens new horizons, allowing the lawyer to understand his country’s law, because the specific features of this form of activity can be clearly exposed in comparison with other systems. The comparison technique is able to help the lawyer and provide him with legal ideas and arguments that can’t be obtained even having a very good knowledge of the law in one’s own country [1].”

According to the statistics over the past 15 years, central and local legal documents of the Chinese Republic have acquired at least three hundred of law and bills with the purpose of declining the corruption level.

However, it should be noted that this kind of innovation – is a long-term strategy to build a high quality legal baseline of anti-corruption legal system. Very often corruption issues are known to be at middle-ranking civil servants, who often take part in the embezzlement of public funds. At the same time such cases of infamous crime is not highly spread among doctors.

As a rule, cash rewards are not acceptable, however, as a gratitude you may be offered a lunch in a restaurant, or other “minor” service, which does not undermine the work of a medical organization.

Corruption in the United States is all-pervasive and, according to the poll conducted among Americans, is the second-largest US problem which immediately follows unemployment.

According to the Gallup survey, 80% of Americans believe that the US government is engaged into corruption. The data upon the cases of corruption in American medicine De facto are very rare, which is primarily associated with a good salary of physicians and a significant risk of prosecution.

To regulate the health care issues on September 30, 2014 a law was passed that called the “Sunshine Act”. According to it, any private or legal individual should report about any financial relationships with physicians: whether it is a payment of a trip to a conference or a dinner in the restaurant – all this information is freely available on the Internet.

The size of the problem in Europe  strikes imagination, although Sweden as a part of  Europe is relatively trouble-free, “- says Maelstrom newspaper. Organized crime is most prevalent in Bulgaria, Romania and Italy, but bribery and tax evasion is prevalent in all EU countries.

European Commission report also puts forward a number of recommendations on how each individual country must fight its corruption. In some countries, public procurement system should be tightened; in others the rules and laws on political party financing are problematic.

The report also gives examples of corruption at the municipal level where businesses have to pay bribes to local officials. In some countries, patients have to pay doctors cash in order to receive medical care, as noted in the European Commission [4]. For example, the current German criminal law does not contain all elements of crime, which would cover all cases of power abuse. Besides, all categories of officials are subdivided into individuals (only judges and arbitrators), and other; so for a medical worker the punishment for any corruption crime won’t exceed 3 years [5].

International experience suggests that the level of corruption of society depends on the standard of living of its population. Bribery occurs in many countries of the world. This is largely due to the fact that all those who managed to occupy advantageous positions are in no way interested in the transparency of the system. In the construction of anti-corruption policy of the state it is of a particular importance to have a comprehensive examination of the problem. It is not possible to clear only the health care system, without affecting other areas of the of the state budget distribution.

Having studied the experience of developed countries, it seems possible to draw the following conclusions:

-toughening measures of bringing to justice, on the example of China, will reduce the level of corruption, but in any bill there can be loopholes helping to avoid any punishment;

-democratic US policy is an example of loyalty to employees. It allows to clearly identify the fact, that the increase in salaries and other methods to promote gives a positive impact on the transparency of service provision. In addition, the ability to control cash flow through the Internet is also of great interest;

-political and economic crises in some European countries allow us to trace the reaction of the economy and crime in the area of corruption.

Thus, having considered the material of the work it can be concluded that for the eradication of corruption in medicine, it is important to take measures of improvement the overall standard of living.

It is necessary to increase wages for medical staff and health workers. In addition it should be introduced tougher penalties in the cases of acts of bribery. To assess the transparency of the health system it is necessary to develop a monitoring system through Internet resources.


References
  1. Ansel M. Methodological problems of comparative law // Sketches of comparative prava. M .: Progress, 1981. P.38
  2. Criminology .// Ed. Kudryavtsev VN, Eminova V.E.-M., Lawyer 1997.
  3. Kazakhstan -2030. Prosperity, Safety and welfare of all Kazakhstanis. Message from the President to the people Kazahstana.- Kazakhstanskaya Pravda. – 11 October 1997,
  4. The Commission: corruption in the EU “amazing” // Russian service of BBC, UK (http://www.bbc.com/russian/business/2014/02/140203_europe_breathtaking_corruption_report)
  5. The criminal code (the Criminal Code) the Federal Republic of Germany: the text and Scient. Comment // Ed. AI Rarog. – M .: Prospect, 2010. – 280 p.
  6. The problem of the fight against economic crime in Kazakhstan. -Almaty: Jeti Zhargy, 1996
  7. Zimin V. Foreign experience of legal regulation of combating organized crime // Information bilyuten, №6-7, Interpol in the Russian Federation. -M., 1994


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