Russian Journal of Economics and Law (Mar 2016)
ISSUES OF QUALIFICATION OF BRIBE GIVING AND MEDIATION IN BRIBERY IN THE MODERN LAW-ENFORCEMENT PRACTICE
Abstract
Objective: to analyze the problems existing in the modern law enforcement practice, related to the implementation of criminal-legal norms, stipulated in Article 291 and 2911 of the Russian Criminal Code (hereinafter CC of RF), to offer the authors’ proposals for their solution, including the improvement of these norms and their implementation practices in order to strengthen the bribery counteraction.Methods: along with the general dialectic method of scientific cognition, other general scientific methods were used (induction, deduction, analysis and synthesis) as well as specific scientific (formal-legal, comparative legal, sociological, content analysis) methods.Results: on the basis of a critical analysis of the current edition of the regulations, as stipulated in Articles 291 and 2911 of the Russian Criminal Code, and the modern practice of their application, solutions are proposed to several complex problems arising in the classification of these crimes. In particular, it is proposed to change the disposition of part 1 of Article 2911 of the Criminal Code, deleting the indication of the bribe size. The necessity is shown to change part 5 of Article 2921 of the Russian Criminal Code, reducing the maximal penalty.Scientific novelty: in the work, on the basis of the analysis of modern law enforcement practice, typical mistakes are considered made by investigators and the courts in applying Article 291 and 2911 of the CC of RF, and with this in mind, suggestions and recommendations are proposed, aimed at improving the efficiency of criminal-legal impact on the mentioned crimes.Practical significance: the opinions and findings of the authors formulated in the article, can be useful in lawmaking activity (in preparing relevant draft laws on amendments and additions in the CC of RF); when adjusting individual interpretations contained in the decisions (decrees) of the Supreme Court of the Russian Federation, as well as in the activities of legal practitioners (especially in the process of qualification of crimes under consideration); while conducting new research on the topic, finally, in the educational process (teaching the discipline "Criminal Law" and the relevant special courses).
Keywords
