DIFFICULTIES OF CRIMINAL RESPONSIBILITY FOR MEDIATION IN BRIBERY
Authors:
Type:
Article
Pages:
from 33
to 41
Status:
Published
Received:
22.06.2015
Accepted:
22.06.2015
Published:
22.06.2015
Language:
Russian
Keywords:
criminal liability, mediation in bribery, the Criminal Code of the Russian Federation.
Abstract (English):
The article deals with the problem of criminalization of bribery intermediary as an independent crime. Socially dangerous acts are committed when a direct transfer of a bribe in a large amount on behalf of the briber or the bribe-taker takes place or otherwise facilitates the briber and (or) the bribe-taker to achieve or implement the agreement between the receiving and giving bribes. The first - a classic mediation - transmission subject of a bribe in the chain "briber-taker", the mediator may not be unique. The second type of mediation in bribery - otherwise promote the briber and (or) the bribe-taker to achieve or implement the agreement between receiving and giving bribes, which can be of two types: 1) to contribute to the achievement of an agreement between the briber and the bribe taker (can be expressed in the search for potential bribe giver or taker, negotiations to reach an agreement); 2) to contribute to the implementation of the agreement, which takes place after the transfer agreement and conditions bribes reached (can be in providing subject of bribes to arrange a bribe). Criminal liability for intermediation in bribery occurs only if the mentioned actions committed in a significant amount, ie, amount of money, the value of securities, other property, property-related services, other property rights in exceed of twenty-five thousand rubles.
The article deals with the problem of criminalization of bribery intermediary as an independent crime. Socially dangerous acts are committed when a direct transfer of a bribe in a large amount on behalf of the briber or the bribe-taker takes place or otherwise facilitates the briber and (or) the bribe-taker to achieve or implement the agreement between the receiving and giving bribes. The first - a classic mediation - transmission subject of a bribe in the chain "briber-taker", the mediator may not be unique. The second type of mediation in bribery - otherwise promote the briber and (or) the bribe-taker to achieve or implement the agreement between receiving and giving bribes, which can be of two types: 1) to contribute to the achievement of an agreement between the briber and the bribe taker (can be expressed in the search for potential bribe giver or taker, negotiations to reach an agreement); 2) to contribute to the implementation of the agreement, which takes place after the transfer agreement and conditions bribes reached (can be in providing subject of bribes to arrange a bribe). Criminal liability for intermediation in bribery occurs only if the mentioned actions committed in a significant amount, ie, amount of money, the value of securities, other property, property-related services, other property rights in exceed of twenty-five thousand rubles.
Keywords:
criminal liability, mediation in bribery, the Criminal Code of the Russian Federation.
criminal liability, mediation in bribery, the Criminal Code of the Russian Federation.
1. Kopinus, O. Izmeneniia v zakonodatel´stve o dolzhnostnykh prestupleniiakh: voprosy kvalifikatsii i osvobozhdeniia vziatkodatelia ot otvetstvennosti [Changes in the legislation on malfeasance: qualification issues and the release from liability of the briber] // Ugolovnoe pravo. - 2011. - № 3.
