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State capture is a type of systemic political corruption in which private interests significantly influence a state’s decision-making processes to their own advantage.
The term ‘state capture’ was first used by the World Bank (c 2000) to describe the situation in central Asian countries making the transition from Soviet communism. Specifically it was applied to situations where small corrupt groups used their influence over government officials to appropriate government decision making in order to strengthen their own economic positions; these groups would later become known as oligarchs.[1]

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Regulatory capture is a form of government failure which occurs when a regulatory agency, created to act in the public interest, instead advances the commercial or political concerns of special interest groups that dominate the industry or sector it is charged with regulating.[1] When regulatory capture occurs, the interests of firms or political groups are prioritized over the interests of the public, leading to a net loss for society. Government agencies suffering regulatory capture are called “captured agencies”

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Systemic corruption[edit]

Systemic corruption (or endemic corruption)[14] is corruption which is primarily due to the weaknesses of an organization or process. It can be contrasted with individual officials or agents who act corruptly within the system.

Factors which encourage systemic corruption include conflicting incentives, discretionary powers; monopolistic powers; lack of transparency; low pay; and a culture of impunity.[15]Specific acts of corruption include “bribery, extortion, and embezzlement” in a system where “corruption becomes the rule rather than the exception.”[16] Scholars distinguish between centralized and decentralized systemic corruption, depending on which level of state or government corruption takes place; in countries such as the Post-Soviet states both types occur.[17] Some scholars argue that there is a negative duty[ clarification needed ] of western governments to protect against systematic corruption of underdeveloped governments.[18][19]

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Though corruption is often viewed as illegal, there is an evolving concept of legal corruption,[5][100][ original research? ] as developed by Daniel Kaufmann and Pedro Vicente. It might be termed as processes which are corrupt, but are protected by a legal (that is, specifically permitted, or at least not proscribed by law) framework.[101]

Examples of legal corruption[edit]

In 1977 the USA had enacted the Foreign Corrupt Practices Act (FCPA)[102] “for the purpose of making it unlawful… to make payments to foreign government officials to assist in obtaining or retaining business” and invited all OECD countries to follow suit. In 1997 a corresponding OECD Anti-Bribery Convention was signed by its members.[103][104]

17 years after the FCPA enacting, a Parliamentary Financial Commission in Bonn presented a comparative study on legal corruption in industrialized OECD countries[105] As a result, they reported that in most industrial countries even at that time (1994) foreign corruption was legal, and that their foreign corrupt practices had been diverging to a large extent, ranging from simple legalization, through governmental subsidization (tax deduction), up to extremes like in Germany where foreign corruption was fostered, whereas domestic was legally prosecuted. Consequently, in order to support national export corporations the Parliamentary Financial Commission recommended to reject a related previous Parliamentary Proposal by the opposition leader which had been aiming to limit German foreign corruption on the basis of the US FCPA.[106] Only after the OECD Anti-Bribery Convention came into force, did Germany withdraw the legalization of foreign corruption in 1999

Legal_Corruption.pdf (770.2 کیلوبایت)

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Petty corruption[edit]

Petty corruption occurs at a smaller scale and takes place at the implementation end of public services when public officials meet the public. For example, in many small places such as registration offices, police stations, state licensing boards,[10][11]and many other private and government sectors.

Grand corruption[edit]

Grand corruption is defined as corruption occurring at the highest levels of government in a way that requires significant subversion of the political, legal and economic systems. Such corruption is commonly found in countries with authoritarian or dictatorial governments but also in those without adequate policing of corruption.[12]

The government system in many countries is divided into the legislative, executive and judiciary branches in an attempt to provide independent services that are less subject to grand corruption due to their independence from one another.[13]

Systemic corruption[edit]

Systemic corruption (or endemic corruption)[14] is corruption which is primarily due to the weaknesses of an organization or process. It can be contrasted with individual officials or agents who act corruptly within the system.

Factors which encourage systemic corruption include conflicting incentives, discretionary powers; monopolistic powers; lack of transparency; low pay; and a culture of impunity.[15]Specific acts of corruption include “bribery, extortion, and embezzlement” in a system where “corruption becomes the rule rather than the exception.”[16] Scholars distinguish between centralized and decentralized systemic corruption, depending on which level of state or government corruption takes place; in countries such as the Post-Soviet states both types occur.[17] Some scholars argue that there is a negative duty[ clarification needed ] of western governments to protect against systematic corruption of underdeveloped governments.

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