RUDN Journal of Law (Dec 2014)
Forgery by an official as a corruption-related crime in foreign law
Abstract
Forgery by an official provided for in clause 292 of the Penal code of RF is a corruption-related crime. However measures of criminally legal counteraction to office forgeries significantly differ from the Russian legislation in acts of the international and foreign law. The article states an attempt to formulate offers to the domestic legislator for efficiency increase of the clause 292 of the Penal code of RF in counteraction to office forgeries on the basis of studying of provisions of the international and foreign law. Criminal law measures of some countries (like Austria, Azerbaijan, Belgium, Spain, Latvia, Belarus, Uzbekistan, Germany) in the forgery sphere differ significantly from the Russian legislation. For example, if the forgery committed socially dangerous authorized entities recognized in many foreign mills, in most advanced economies conduct relating to fraud are covered, as a rule, standards regarding the responsibility for the various types of fraud. The article attempts to explore the basis of the provisions of the foreign law to formulate proposals to the domestic legislator in order to improve the effectiveness of countering forgery.