Anti-corruption in the Bri?s Countries

• Author: A. Kurakin - A. Sukharenko
• Position: Financial University under the Government of the Russian Federation (Moscow, Russia) - New Challenges and Threats Study Center (Vladivostok, Russia)
• Pages: 56-77

BRICS LAW JOURNAL Volume V (2018) Issue 1

anTI-CoRRuPTIon In THE BRIСS CounTRIES

ALEXEY KURAKIN,

Financial University under the Government of the Russian Federation

(Moscow, Russia)

ALEXANDER SUKHARENKO,

New Challenges and Threats Study Center

(Vladivostok, Russia)

DOI: 10.21684/2412-2343-2017-5-1-56-77

Corruption is a global challenge which may impact negatively on economic growth and

sustainable development of the BRICS countries (Brazil, Russia, India, China and South

Africa). All of these ve countries have been held back by corruption, in varying ways, but

their rising importance to the global economic system ensures the spotlight now shines

brighter than ever on them. Yet some of the BRICS countries have handled the issue better

than others. According to Transparency International’s Corruption Perception Index

(2017), in the BRICS bloc of major emerging economies, South Africa is ranked the best

(71st), followed by China (77th) and India (81st), with Brazil is 96th and Russia 135th out of

180 countries. These ve nations support the strengthening of international cooperation

against corruption, including through the BRICS Anti-Corruption Working Group, as well

as on matters related to asset recovery and persons sought for corruption. This article

provides a detailed analysis of anti-corruption legislation of four of the BRICS countries

(Brazil, South Africa, China and India), as well as a brief overview of the eorts of these

countries in the ght against corruption.

Keywords: anti-corruption; bribery; crime; law; liability; transparency.

Recommended citation: Alexey Kurakin & Alexander Sukharenko, Anti-Corruption

in the BRIСS Countries, 5(1) BRICS Law Journal 56–77 (2018).

ALEXEY KURAKIN, ALEXANDER SUKHARENKO 57

Table of Contents

Introduction

1. Anti-Corruption in Brazil

2. Anti-Corruption in South Africa

3. Anti-Corruption in China (PRC)

4. Anti-Corruption in India

Conclusion

Introduction

The story of the BRICS countries (Brazil, Russia, India, China and South Africa)

begins with Goldman Sachs chief economist Jim O’Neill, who wrote a paper in 2001

arguing that these countries (originally the BRIC countries, for South Africa did not

become a member of the bloc until 2010) were the emerging superstars most likely

to dominate the 21st century globalized economy. The high economic growth of

the BRICS economies and their demographic dividends indicate a structural edge

possessed by the BRICS economies relative to the rest of the world. In 2015, with

53.4 percent of the world’s population, the BRICS countries accounted for a total

nominal GDP of US$16.92 trillion – equivalent to 23.1 percent of global GDP. In the

same year, BRICS accounted for 19.1 percent of world exports and, between 2006 and

2015, intra-BRICS trade increased 163 percent, from US$93 billion to US$244 billion.1

BRICS can be broken into two groups, those that took advantage of globalization’s

march to integrate themselves into global supply chains (primarily China and

India) and those that took advantage of globalization to sell their abundant natural

resources (primarily Brazil, Russia and South Africa).

All of these ve countries have been held back by corruption, in varying ways,

but their rising importance to the global economic system ensures the spotlight now

shines brighter than ever on them. Yet some of the BRICS countries have handled

this issue better than others.

In Transparency International’s (TI) Corruption Perceptions Index 2016 South

Africa fared the best among the BRICS countries at 64th place, but its score of 45 is

still below the midpoint. Nevertheless, South Africa has improved its score steadily

from 42 in 2012. Brazil, China and India are tied at 79th place with a score of 40; Brazil

and China have had their scores uctuate up and down since 2012. But India has

1 Geethanjali Nataraj, India Takes the Lead in BRICS, East Asia Forum, 8 Oc tober 2016 (Mar. 4, 2018),

available at http://www.eastasiaforum.org/2016/10/08/indias-takes-the-lead-of-brics/.