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A large bribe is an amount that exceeds. What are the consequences of giving a bribe to an official? Punishment for giving a bribe

According to the provisions of the Criminal Code, a bribe is understood as the receipt by an official of any state or municipal body (the bribe-taker) of remuneration in the form of funds, valuables, material goods or the provision of services for the performance of specified actions or refusal to perform them (inaction) in favor of the person who provides this reward (the bribe giver).

The action or inaction performed for this remuneration must necessarily be within the official competence of the official, and may also consist of patronage or connivance in the service, as well as in providing assistance in resolving other issues that are not within the competence of the bribe taker, but in making decisions on which he may influence.

Bribe amount

Punishment under the Criminal Code of the Russian Federation directly depends on the size of the bribe and a number of circumstances, for example, whether the bribe was a payment for illegal actions or was a kind of “gratitude” for the performance of one’s duties by an official.

Bribes are also distinguished by their amount, which is of particular importance for the qualification of the crime. The amount of a bribe is determined in rubles not only when it is given or received in the form of cash or payments to an account, but also when securities, material assets are transferred to the bribe recipient, or services are provided.

Significant, large and especially large amount of bribe

The Criminal Code of the Russian Federation (note to Article 290, also valid for other “corruption” articles) distinguishes:

  • Bribes in a significant amount, i.e. exceeding 25 thousand rubles.
  • Bribes on a large scale, i.e. more than 150 thousand rubles.
  • Bribes on an especially large scale, i.e. exceeding 1 million rubles.

Contrary to the common misconception in disputes about what amount is a bribe, there is no minimum amount of a bribe in the legislation - in fact, any amount can be considered a bribe if the bribe is given in the form of money. The investigation or the court has the right to terminate the criminal prosecution due to its insignificance, when the bribe, for example, does not exceed 500 rubles, but in practice such cases are extremely rare.

Other material goods and values. Difference from bribe

The situation is a little different with material goods and values. Art. 575 of the Civil Code of the Russian Federation establishes a direct ban on donating various valuables to officials in connection with the performance of their assigned duties, excluding ordinary gifts. Ordinary gifts are understood as items and valuables whose price does not exceed 3,000 rubles.

Giving a bribe

Concept

Giving a bribe to officials (including foreign officials) is prohibited by the Criminal Code of the Russian Federation and liability for this act is prescribed in Art. 291 of the Criminal Code of the Russian Federation. In this case, liability occurs regardless of the method of transferring the bribe - it can be either personal contact with the bribe recipient, or the transfer of illegal remuneration through third parties (intermediaries).

Responsibility and punishment for giving a bribe. Arbitrage practice

According to the sanctions of Part 1 of Art. 291 of the Criminal Code of the Russian Federation, a simple bribe that does not have signs of significance or large size is punishable by a fine of 15 to 30 times the amount of the bribe or a prison term of up to 2 years with a simultaneous fine of no more than 10 times the amount of illegal remuneration. The sanctions for qualified types of this crime are presented in more detail in the table below:

Established in Part 3, the deliberate illegality of the actions for which a bribe is given implies that the bribe giver understands and is aware of the illegality of the behavior that he demands from an official: a police officer, a doctor, a teacher, a government employee. institutions, etc.

Example. A., when visiting a doctor, asked to expedite his admission as a patient, supporting his request with a 1000-ruble bill. This act will be qualified under Part 1 of Art. 291 of the Criminal Code of the Russian Federation - that is, a “simple” bribe.

Example. Z. turned to the head of the department of the military commissariat with a request to assist him in evading military service and offered to give him a deferment on grounds that did not actually exist. In exchange for assistance, the citizen offered 160,000 rubles. The act will be qualified under Part 4 of Art. 291 of the Criminal Code of the Russian Federation, since here there is a large amount of bribe and its giving for a knowingly illegal action of a military registration and enlistment office employee.

How to avoid liability for giving a bribe

The footnote to the article under discussion states that the bribe-giver is exempt from liability if he meets one of the following conditions:

  • - Voluntarily reported giving a bribe to the police.
  • - Active assistance was provided in solving the crime.
  • - The official who received the bribe was extorting it and himself offered to commit this act.

Receiving a bribe

Responsibility for receiving a bribe is specified in Art. 290 of the Criminal Code of the Russian Federation. Receiving a bribe is the acceptance by an official of state or municipal bodies of all levels, as well as foreign organizations, of monetary or other forms of remuneration for performing any actions in favor of the bribe-giver. A bribe may not necessarily be expressed in a fixed amount or material assets; it can be services, guarantees or preferences in the service, assistance in resolving issues important to the bribe recipient. Both personal receipt of a bribe and its acceptance through third parties are punishable.

As in the case of giving a bribe, both action and inaction, or assistance in making a decision in favor of the person giving the bribe, can be rewarded, provided that this is within the official competence of the bribe recipient.

Assisting in receiving and giving bribes

As part of the active fight against corruption, Art. 291.1 of the Criminal Code of the Russian Federation, which punishes the provision of intermediary services in the commission of corruption crimes. This can be either directly transferring a bribe, or providing assistance to the bribe giver or bribe recipient in the execution of a criminal plan. Due to the fact that it is intermediary actions that allow corrupt officials to evade responsibility by covering their tracks and insuring themselves from possible problems, punishment under Art. 291.1 of the Criminal Code of the Russian Federation, as well as directly under “bribery” articles, is also established in the form of fines, multiples of the amount of the bribe, the mediation of the receipt or transfer of which was an accomplice.

At the same time, as in Art. 290 and 291 of the Criminal Code of the Russian Federation, mediation in bribery for the execution of actions that are obviously contrary to the law is punished more severely, reaching fines in the amount of 60 times the amount of the bribe or a prison term of up to 7 years.

Promising assistance in transferring or receiving a bribe, when the person actually had the opportunity to fulfill his communication, is also punishable. Deception, that is, misleading the bribe giver or bribe recipient about their connections and capabilities cannot be qualified under Art. 291.1 - most often such actions fall under fraud.

The law allows intermediaries to avoid liability provided that they voluntarily report to law enforcement agencies the fact of giving or receiving a bribe, and also provide maximum assistance in solving the crime.

Provocation of a bribe

Protecting the interests of conscientious officials who have not yet been swallowed up by widespread corruption, the Criminal Law, Article 304 of the Criminal Code of the Russian Federation, punishes persons who provoke a bribe - that is, who transfer funds or other things that fall under the definition of a bribe to an official without his consent or by doing so in order to denigrate him, to create a false impression of the crime he allegedly committed.

It is important that the official must not agree to receive a bribe and must refuse the provocateur to fulfill his request. Money may be placed on the table, in documents or thrust into the pocket of an official, but he must not perform any actions that even indirectly indicate consent to this. Provocation of a bribe entails liability in the form of a prison term of up to 5 years, or a fine of up to 200 thousand rubles.

How to avoid becoming a victim of bribery provocation if you are an official? Just don't take bribes! Any attempts at bribery should be reported to your superiors immediately, as required by service regulations and the law.

Example: Citizen A., having received repeated refusal from the traffic police inspector to return his driver’s license and not draw up a report, put 15 thousand rubles in three 5 thousand bills on the seat and left the inspector’s car, inviting him to think, while he himself called the hotline police line and reported bribery. At the same time, the traffic police inspector notified his management about the attempt to give a bribe. As a result, the actions of citizen A. were qualified under Art. 304 of the Criminal Code of the Russian Federation, since its goal was to create artificial signs of a crime and money was transferred to them without the consent of the inspector.

The difference between a bribe and commercial bribery

Commercial bribery refers to the receipt of money or material assets by a person working in a commercial organization and having managerial authority in exchange for performing some action in favor of the person offering the reward.

The main difference between a bribe and commercial bribery: a bribe can only be given to an official working for state or municipal bodies, while bribery can only be committed in the commercial sphere.

Responsibility for commercial bribery, both for receiving and for committing it, is spelled out in Art. 204 of the Criminal Code of the Russian Federation. The conditions for exemption from liability are similar to bribery - voluntary surrender to the authorities and assistance in the investigation of the case.

Extortion of a bribe

In modern life, extortion of a bribe happens all the time: today a traffic police officer hints at a “solution to the problem”, tomorrow a teacher at school asks us to “help with difficulties”, the day after tomorrow we will have to put 1000 rubles in the doctor’s pocket in response to his “there are no places, but you can” try to resolve the issue."

Remember that the official must make a direct demand or clearly hinting verbal expressions (we can discuss, we can agree on what we will do with you, etc.) about the possibility of solving your problem for a bribe. A refusal to perform any action required by law cannot be considered an extortion of a bribe, even if you have heard somewhere that you need to “give it to your paw.”

Actions in case of extortion

  1. Be sure to prepare for the conversation, arm yourself with a voice recorder (which under no circumstances should be shown to the extortionist) and go to an appointment with the corrupt official. Having received an offer to “resolve the issue,” promise to think about it, or, supposedly, go for the money, and prepare a response yourself. If you are already “armed” with audio recording devices, try to force the official to directly state your demands: clarify, bargain, name other amounts - it is important that the fact of extortion is clearly visible from the conversation!
  2. Contact law enforcement agencies, depending on the status and position of the person extorting a bribe:
  • - In relation to police officers - to the internal security service of the regional police department, to the investigative committee or to the FSB.
  • - In relation to officials of state and municipal organizations (doctors, teachers, civil servants) - to the police or prosecutor's office.
  • - In relation to judges, heads of municipalities, governors, deputies - to the investigative committee or the FSB.
  1. Follow the instructions of the operatives.

Important: be sure to remember what is considered a bribe - after all, for a box of chocolates or a bottle of average-priced alcohol, it is enough to contact the official’s senior management, since it will be problematic to prove the criminal nature of a bribe for such a modest reward.

Actions when accused of giving a bribe

If you come to the attention of law enforcement agencies on charges of giving a bribe, the first thing you should do, regardless of the circumstances of the incident, is to enlist the help of a lawyer - with legal assistance you will be reliably protected from abuse, false accusations and arbitrariness.

In cases where you actually gave a bribe to an official for committing a deliberately illegal act and the bribe was given on your initiative, all that remains is to provide maximum assistance to the investigation, admit guilt and hope for a reduction in punishment.

When, in your opinion, there was extortion of a bribe by an official, it is necessary to prove this at any cost - with witness testimony, audio-video recordings, testimony and explanations.

Remember that charges of bribery can only be brought by law enforcement agencies according to their competence. Unsubstantiated statements, for example by an opponent in a dispute in court, that you gave a bribe to someone are void and can be punished under the article “Slander”.

Actions when accused of receiving (extorting) a bribe

Any official has the risk of becoming accused of taking a bribe. Even if you work honestly, do not allow abuses and respect the law, in one unpleasant moment people in uniform may come into your office and handcuff you.

What to do if you are mistakenly accused of receiving a bribe, for example, by planting money in documents or an office?

  1. Hire a qualified lawyer who specializes in corruption crimes. It will be easier to defend with him.
  2. If there was no fact of receiving a bribe at your will, prove the fact of provocation of the bribe by the bribe giver. This applies to cases where money was planted in documents, in an office, in a desk drawer or in a pocket. They may be placed in a box of chocolates, which is not a bribe, but which you, quite possibly, willingly accepted as a thank you.
  3. Use all possible methods of protection:
  • - Recordings from surveillance cameras at the place of work.
  • - Testimony of colleagues who heard your conversation.
  • - Testimony from acquaintances of the bribe giver - did he tell them about the bribe, did he complain about extortion.
  • - Documents confirming the legality of your actions in relation to the bribe-giver - decisions to refuse, instructions, regulations, etc.
  1. If there is no direct evidence - an audio recording or the results of an operational experiment, appeal the initiation of a criminal case in court - the very fact of the presence of planted money does not mean anything.

In a situation where you did receive a bribe and the demands of the bribe giver were fulfilled, it is best to admit guilt within the limits of the act actually committed. The lawyer and you will have to try to achieve the maximum mitigation of the punishment, especially focusing on such mitigating circumstances as difficult financial or family situation; difficult life situation, etc.

1. Receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of a bribe in the form of money, securities, other property or in the form of illegal provision of services of a property nature, provision of other property rights (including when the bribe is at the direction of the official, it is transferred to another individual or legal entity) for performing actions (inaction) in favor of the bribe-giver or persons represented by him, if the specified actions (inaction) are within the official powers of the official or if, by virtue of his official position, he can contribute to the specified actions (inaction) , as well as for general patronage or connivance in service -

shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or in the amount of ten to fifty times the amount of the bribe with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or correctional labor for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or forced labor for a period of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or imprisonment for a term of up to three years with or without a fine in the amount of ten to twenty times the amount of the bribe.

2. Receiving a bribe in a significant amount by an official, a foreign official or an official of a public international organization -

shall be punishable by a fine in the amount of two hundred thousand to one million five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of six months to two years, or in the amount of thirty to sixty times the amount of the bribe, with deprivation of the right to hold certain positions or engage in certain activities. activities for a term of up to three years or imprisonment for a term of up to six years with or without a fine of up to thirty times the amount of the bribe and with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

3. Receipt by an official, a foreign official or an official of a public international organization of a bribe for illegal actions (inaction) -

shall be punishable by a fine in the amount of five hundred thousand to two million rubles, or in the amount of wages or other income of the convicted person for a period of six months to two years, or in the amount of forty to seventy times the amount of the bribe with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or imprisonment for a term of three to eight years with or without a fine of up to forty times the amount of the bribe and with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

4. Acts provided for in parts one to three of this article, committed by a person holding a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation, as well as the head of a local government body, -

shall be punishable by a fine in the amount of one million to three million rubles, or in the amount of wages or other income of the convicted person for a period of one to three years, or in the amount of sixty to eighty times the amount of the bribe with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years or imprisonment for a term of five to ten years with or without a fine of up to fifty times the amount of the bribe and with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.

5. Acts provided for in parts one, three, four of this article, if they are committed:

a) by a group of persons by prior conspiracy or an organized group;

c) on a large scale, -

shall be punishable by a fine in the amount of two million to four million rubles, or in the amount of wages or other income of the convicted person for a period of two to four years, or in the amount of seventy to ninety times the amount of the bribe, with deprivation of the right to hold certain positions or engage in certain activities for a period up to ten years or imprisonment for a term of seven to twelve years with a fine in the amount of up to sixty times the amount of the bribe or without it and with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it.

6. Acts provided for in parts one, three, four, paragraphs “a” and “b” of part five of this article, committed on an especially large scale –

shall be punishable by a fine in the amount of three million to five million rubles, or in the amount of wages or other income of the convicted person for a period of three to five years, or in the amount of eighty to one hundred times the amount of the bribe, with deprivation of the right to hold certain positions or engage in certain activities for a period up to fifteen years or imprisonment for a term of eight to fifteen years with or without a fine of up to seventy times the amount of the bribe and with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years.

Notes:

1. In this article, a significant amount of a bribe is recognized as an amount of money, the value of securities, other property, services of a property nature, other property rights exceeding twenty-five thousand rubles, a large amount of a bribe - exceeding one hundred and fifty thousand rubles, an especially large amount of a bribe - exceeding one million rubles.

2. In this article, articles 291, 291.1, a foreign official means any appointed or elected person holding any position in the legislative, executive, administrative or judicial body of a foreign state, and any person performing any public function for a foreign state, including for a public agency or public enterprise; An official of a public international organization means an international civil servant or any person who is authorized by such an organization to act on its behalf.

Commentary to Art. 290 of the Criminal Code of the Russian Federation

1. Taking a bribe is one of the most dangerous crimes against the interests of the service. The subject of receiving a bribe is money, securities, other property, including those withdrawn from circulation or restricted in circulation (narcotic drugs, psychotropic substances, weapons, ammunition, etc.). The law also includes property services (renovation of an apartment, construction of a summer house) and property rights (right to use property, right of economic management, operational management, easement, etc.) as the subject of receiving a bribe.

Intangible services that do not entail property benefits for the bribe recipient (for example, providing the opportunity to purchase a rare product or service, issuing a positive review of work) are not the subject of a bribe.

2. The objective side of the crime is expressed in the receipt by an official (another subject of the crime) personally or through an intermediary of the subject of a bribe. Part 1 of the commented article 290 of the Criminal Code of the Russian Federation indicates the following options for the behavior of an official for which he receives a bribe: 1) commission of actions (inactions) in favor of the bribe-giver or persons represented by him, which are included in the official powers of the official; 2) the commission of actions (inactions) in favor of the bribe-giver or persons represented by him, which are not included in the official powers of the official, but he, by virtue of his official position, can facilitate their commission by another official; 3) general patronage of the service; 4) general connivance in the service.

The commission of the actions (inactions) themselves in the interests of the bribe giver or in the interests of the persons he represents is not covered by the crime under consideration. Therefore, if such actions contain an independent element of crime, additional qualification of these actions is required.

Actions (inaction) of an official included in the official powers of the official should be understood as actions (inactions) that he is entitled to perform in accordance with his official powers and which formally comply with the requirements of the law, other regulations and other legal acts (clause 10 of the Resolution Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6). These are legal actions of a person that do not go beyond the scope of his official competence, which become criminal precisely because they are committed for a bribe.

It should be noted that receiving remuneration for activities not related to the performance of official duties cannot be considered a bribe. An official can receive a bribe not only for the commission of certain actions within the scope of his official duties, but also for the behavior of other officials that is beneficial for the bribe recipient, which he can facilitate by virtue of his official position. An official position that facilitates the commission of certain actions in favor of the bribe-giver by other officials should, in particular, be understood as the significance and authority of the position held, being subordinate to other officials in relation to whom the bribe-taker is in charge.

At the same time, the use by an official of only personal connections and relationships, if they are not related to the position held, cannot be considered as use of official position.

General patronage in the service presupposes the unjustified creation of various favorable conditions for the bribe-giver or the persons he represents for subordinates in the service: their undeserved encouragement, extraordinary unjustified promotion, and the commission of other actions not caused by official necessity. General connivance should be considered as an official’s failure to take action for omissions or violations in the official activities of the bribe-giver or the persons he represents, and failure to respond to his unlawful actions. With general patronage and connivance in the service, specific actions (inactions) that the official must perform may not be specified, but they are necessarily assumed.

The time of transfer of the subject of the bribe (before or after the commission of an action (inaction) in the interests of the bribe-giver or the persons represented by him) does not affect the presence of corpus delicti and the qualification of the act. Thus, two types of bribery can be distinguished: bribe-bribery and bribe-gratitude. In the first case, the transfer of the subject of the bribe determines the behavior of the official required by the bribe giver and is a necessary condition for him to perform certain actions (inaction). In this situation, there is a preliminary agreement between the bribe giver and the bribe recipient to transfer the subject of the bribe (before or after the commission of actions (inaction)).

A thank-you bribe occurs when the subject of the bribe is transferred for an action or inaction (legal or illegal) already committed by an official, in the absence of a prior agreement. At the same time, it is necessary to distinguish a gratitude bribe from the so-called ordinary gift. Yes, Art. 575 of the Civil Code allows the giving of ordinary gifts to state (municipal) employees, the value of which does not exceed 3 thousand rubles.

However, it should be borne in mind that this provision of the Civil Code is not applicable to criminal law. , which excludes a counter-transfer of a thing or right or a counter-obligation on the part of the person accepting the gift. Thus, if the act committed by a person contains the elements of receiving a bribe (whether it is a bribe-bribery or a bribe-reward), criminal liability arises regardless of the amount of remuneration received.

The subject of a bribe can be received either by the official himself (personally or through an intermediary), or provided to the official’s relatives and friends with his consent or if he did not object to this and used his official powers in favor of the bribe giver.

The actions of an intermediary in receiving or giving a bribe should be:

3. The elements of accepting a bribe are formal. In accordance with Part 1 of the commented Article 290 of the Criminal Code, a crime from the objective side can be committed only by an official receiving the subject of a bribe personally or through an intermediary. If in an act aimed at obtaining a bribe, there is primarily no moment of delivery or transfer of the subject of the bribe, this means that the official has not yet begun to carry out the objective side of this crime. Consequently, such actions cannot be assessed as an attempt to take a bribe, since the attempt, as a general rule, is interrupted only in the process of executing the crime until the end of the crime. Under certain conditions, actions aimed at obtaining a bribe can be qualified as preparation for this crime, which can be interrupted before the execution of its objective side begins.

4. The crime is completed from the moment the official accepts at least part of the transferred values. In the case when the money that is the subject of a bribe is transferred to the account of an official, the receipt of the bribe should be considered completed from the moment it is received in the appropriate account.

If the subject of receiving a bribe is any service or benefit of a property nature, then the crime is considered completed from the moment the bribe-taker began to use such a service or benefit of a property nature, or from the moment he received the relevant documents for the service or benefit (for example, a tourist voucher, ticket for a concert, a document on forgiveness of a monetary debt, etc.). In cases where the subject of the bribe is property rights, the crime should be considered completed from the moment of their acquisition.

When receiving a bribe, the actions (inactions) themselves performed by a person in favor of the bribe giver are not included in the objective side, therefore, for the recognition of this composition as completed, it does not matter whether the action (inaction) agreed upon by the parties was actually performed or not. A bribe-taker who has committed, in the interests of the bribe-giver or the persons represented by him, illegal actions that constitute another crime, is subject to liability for a set of crimes - under Part 2 of the commented article and the corresponding article of the Criminal Code (for example, illegal exemption from criminal liability, falsification of evidence, official forgery, etc. .P.).

If the conditional transfer of valuables does not take place due to circumstances beyond the control of the bribe giver and bribe recipient, the act should be classified as an attempt to receive a bribe. An attempt, for example, should be considered the acceptance by an official of the subject of a bribe in the process of conducting an operational-search activity to expose it; failed extortion of a bribe (clause “b”, part 5, article 290 of the Criminal Code); acceptance of imitation cash. At the same time, the mere intention expressed by a person to receive a bribe cannot be qualified as an attempt to take a bribe, if no specific actions were taken to implement it.

It should be borne in mind that the acceptance of the subject of a bribe by an intermediary for its subsequent transfer to an official does not yet form a complete corpus delicti for receiving a bribe, and in the event of the arrest of an intermediary who did not have time to transfer the bribe to an official, it is qualified as an attempt to receive a bribe under the relevant part of Art. 290 CC.

The actions of the intermediary are qualified as an attempt to mediate bribery (Part 3 of Article 30 and the corresponding part).

5. The subjective side of the crime is characterized by guilt in the form of direct intent.

The intent of the bribe-taker must include the awareness that the subject of the bribe is transferred for the performance or non-performance in the interests of the giver of certain actions related to the use of his official powers. Therefore, the receipt by an official of material assets allegedly for committing an action (inaction), which he cannot carry out due to lack of official authority or the inability to use his official position, should be qualified, if there is intent to acquire these assets, as fraud under. The owner of valuables in such cases is liable for attempted bribery (Part 3 of Article 30 and), if the transfer of valuables pursued the purpose of carrying out the desired action (inaction) by an official.

In cases where a person receives money or other valuables from someone, allegedly for transfer to an official as a bribe, and, without intending to do so, appropriates them, what he has done should be qualified as fraud. The actions of the owner of valuables in such cases are subject to qualification as an attempt to give a bribe. It does not matter whether the specific official to whom the bribe was supposed to be transferred was named.

If an official, using his official position, in order to obtain material assets, misleads the transferor of such assets regarding the legality of their transfer, declaring, for example, the need to pay a fine or penalty, state duty, the act also does not constitute a bribe and is qualified as fraud committed by a person using his official position ().

6. The motive for accepting a bribe is self-interest. Therefore, if an official accepts illegal remuneration with the aim of converting it in favor of the state (municipal) body or institution in which he works, or spending it on any public or state needs, there is no corpus delicti of this crime.

7. The subject of the crime is a special one - an official, a foreign official or an official of a public international organization. In accordance with Note 2 to the commented article under a foreign official in Art. Art. 290, 291 and 291.1 of the Criminal Code means any appointed or elected person holding any position in the legislative, executive, administrative or judicial body of a foreign state, and any person performing any public function for a foreign state, including for a public department or public enterprise.

An official of a public international organization is an international civil servant or any person who is authorized by such organization to act on its behalf.

8. Part 2 of the commented article contains a qualified crime - receipt by an official, a foreign official or an official of a public international organization of a bribe in a significant amount. In accordance with Note 1 to the commented article, the significant amount of the bribe in Art. Art. 290, 291 and 291.1 of the Criminal Code recognize the amount of money, the value of securities, other property, property services, and other property rights exceeding 25 thousand rubles.

9. Part 3 of the commented article 290 of the Criminal Code of the Russian Federation establishes liability for the receipt by an official, a foreign official or an official of a public international organization of a bribe for illegal actions (inaction). Illegal actions (inaction) of an official should be understood as unlawful actions (inaction) committed using official powers in favor of the bribe-giver or persons represented by him, as well as actions (inaction) containing signs of a crime or other offense (falsification of evidence in a criminal case, failure to draw up a protocol about an administrative offense, when this is mandatory by law, making a decision on the basis of knowingly forged documents, entering information into documents that does not correspond to reality, etc.) (clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of February 10, 2000 N 6).

10. Part 4 of the commented article provides for stricter liability for acts provided for in Parts 1, 2 or 3 of the commented article, committed by a person holding a public office of the Russian Federation or a public office of a subject of the Russian Federation, as well as the head of a local government body.

A particularly qualified crime (Part 5 of the commented article) is the commission of acts provided for in Parts 1, 3 or 4 of the commented article:

a) a group of persons by prior conspiracy (see Part 2 of Article 35 of the Criminal Code) or an organized group (see Part 3 of Article 35 of the Criminal Code);

b) with extortion of a bribe;

c) on a large scale.

A group of persons by prior conspiracy will occur only if two or more officials took part in the crime, who agreed in advance to jointly commit a crime using their official position. It does not matter what amount each official received.

In accordance with Part 3 of Art. 35 of the Criminal Code, an organized group is characterized by stability, a higher degree of organization, distribution of roles, and the presence of an organizer and leader. Based on this, an organized group may include persons who are not officials who have previously united to commit one or more crimes. If there are grounds for this, they are held liable as organizers, instigators or accomplices, i.e. with reference to Art. 33 of the Criminal Code.

In both cases of group receipt of a bribe, the crime is considered completed from the moment the bribe (or part thereof) is accepted by at least one of the officials.

Extortion of a bribe is a demand by an official to give a bribe under the threat of committing actions that may cause damage to the legitimate interests of a citizen (for example, under the threat of illegal prosecution) or putting him in such conditions under which he is forced to give a bribe in order to prevent harmful consequences for his law-protected interests (for example, illegal delay by an official in the process of issuing a license). If the briber is interested in the unlawful behavior of an official, seeks to circumvent the law, the established procedure for resolving a particular issue, achieve satisfaction of his illegal interests, evade deserved responsibility, etc., extortion as a qualifying sign of receiving a bribe is absent. A threat on the part of the bribe-taker to perform legal actions against the bribe-giver, although affecting his interests, cannot be considered as extortion.

According to Note 1 to the commented article in this article, as well as in Art. Art. 291 and 291.1 of the Criminal Code, a large amount of a bribe is recognized as an amount of money, the cost of securities, other property, property services, other property rights exceeding 150 thousand rubles.

Responsibility for receiving a bribe on a particularly large scale (over 1 million rubles) is established in Part 6 of the commented article.

An analysis of the current version of the commented article 290 of the Criminal Code of Russia allows us to draw attention to the fact that the qualifying characteristics provided for in Part 5 of this article cannot formally be imputed when a crime is committed by the subjects specified in Part 4 of the same article; the indicator of particularly large size does not apply to the situations specified in Part 5. This provision, in our opinion, is a gap in the legislation and must be eliminated.

Bribes in Russia are a type of offense, liability for which arises on the basis of the Criminal Code of the Russian Federation (Articles 290 and 291). They represent a serious type of economic crime, which provokes corruption and abuse of their positions and positions by officials and heads of large commercial organizations.

Today we will try to cover in as much detail as possible the problem of giving and receiving bribes, we will classify them, describe the types of punishment for such actions and the rules of behavior in the case when you are involved in a bribe case.

Definition of bribe in the Criminal Code

The law considers a bribe to be the transfer of money, valuables, or the provision of services by one person (called the bribe-giver) to another in exchange for the performance of some action by the receiving party (the bribe-taker). For a bribe to be classified as a crime, it must be given by an ordinary citizen to a person holding a state or municipal position.

After receiving money or other material assets (services), the bribe-taker undertakes to:

  • provide assistance in solving labor problems, take on part of the responsibility for solving production issues;
  • help you quickly move up the career ladder;
  • turn a blind eye to improper performance of official duties or completely (partially) get rid of them;
  • provide other assistance (including illegal) within their capabilities.

Responsibility for giving and accepting a bribe comes within the framework of the Criminal Code of the Russian Federation and threatens with serious consequences, including imprisonment for up to 15 years.

Explicit and implicit bribes

One of the classifications of bribes is related to the form in which they are given:

  1. An obvious bribe. In this case, we are talking about transferring a certain value to the bribe recipient immediately or subsequently, after concluding an oral agreement;
  2. A veiled bribe is not given directly, but, for example, in the form of reducing the interest rate on a loan or providing goods at a significant discount. A veiled bribe disguises illegal actions with various behavioral acts.

An implicit bribe is often used when a significant reward is involved. It helps to hide the fact of the transfer of money or other valuables.

The extended list of veiled bribes is as follows:

  • transferring antiques to the bribe-taker or selling his jewelry at a knowingly inflated price to the bribe-giver;
  • transfer of money to the company’s account for services that were never provided;
  • rent reduction;
  • organizing a lottery win or intentional loss at cards or other gambling;
  • forgiveness of a large debt;
  • registration of fictitious insurance;
  • payment by relatives of the bribe recipient for expensive treatment abroad;
  • transfer of an access code to an electronic wallet.

Another classification of bribes is related to the time of their transfer. A bribe is given to an official before the commission of any action (inaction), and a bribe-reward is given after the bribe recipient has fulfilled his obligations.

Classification of bribes according to their size

The division of bribes by size is described in the note to Art. 290 of the Criminal Code of the Russian Federation. The law distinguishes 3 types of bribes, depending on its size:

  • a bribe in a significant amount - from 25 thousand rubles;
  • large bribe – from 150 thousand rubles;
  • bribe on an especially large scale – from 1 million rubles.

What amount of remuneration to an official can be considered a bribe? The Criminal Code does not say what the minimum amount of a bribe should be in order for a criminal case to be opened on it. In practice, the decision to initiate a case is made by the judge. If he considers that the amount of 1000 or 3000 rubles is not serious, he will refuse to initiate a case.

With material assets the situation is a little different. In Art. 575 of the Civil Code of the Russian Federation directly states that giving a gift to an official is considered a bribe if its value exceeds 3 thousand rubles. This means that 3 thousand rubles can be conditionally considered the minimum amount of a bribe.

Responsibility for giving a bribe – Art. 291 of the Criminal Code of the Russian Federation

The issues of transferring bribes to Russian and foreign officials in any form (no matter how the bribe was given - from hand to hand, covertly or through intermediaries) are dealt with separately in the Criminal Code of the Russian Federation. It describes liability for giving bribes in a significant, large and especially large amount, as well as for giving “simple” bribes, transferring money and other material assets by a group of persons and for transferring money for committing obviously illegal actions.

A simple bribe involves the transfer of a small amount of money (less than 25 thousand rubles), for which the official provides the bribe giver with a number of services not related to violation of the law. For example, for expedited processing of documents. If an official is required to turn a blind eye to a clear violation of the law by the bribe-giver, then the size of the bribe will no longer play a role and the punishment will be more severe than in the case of a simple bribe.

You can see the responsibility for giving a bribe in each individual case in the table:

Deprivation of liberty
Simple bribe (Part 1 of Article 291 of the Criminal Code of the Russian Federation) 5x-30x Up to 2 years 5x-10x Up to 3 years
Bribe in a significant amount (Part 2 of Article 291 of the Criminal Code of the Russian Federation) 10x-40x Up to 5 years 5x-15x Up to 3 years
Bribe for obviously illegal actions (Part 3 of Article 291 of the Criminal Code of the Russian Federation) 30x-60x Up to 8 years Up to 30x Up to 5 years
Bribe by a group of persons or on a large scale (Part 4 of Article 291 of the Criminal Code of the Russian Federation) 60s-80s From 7 to 12 years Up to 60s Up to 7 years
Bribe on an especially large scale (Part 5 of Article 291 of the Criminal Code of the Russian Federation) 70s-90s From 8 to 15 years Until 70s Up to 10 years

You can avoid criminal punishment for giving bribes if you voluntarily report it to the police and help fully solve the crime. Liability can also be avoided if it is possible to prove the fact of extortion of a bribe by an official.

Responsibility for receiving a bribe – Art. 290 of the Criminal Code of the Russian Federation

Article 290 of the Criminal Code of the Russian Federation addresses the issues of acceptance by officials of state and municipal bodies (including officials of foreign organizations) of remuneration in the form of money, material assets or special services for performing actions (or inaction) in favor of the bribe-giver. The bribe can be given from hand to hand or through other persons, the punishment will be the same.

Certain categories of bribes that were not included in the previous table include bribes to persons in public office (including the position of head of a subject or local government body) and bribes received as a result of extortion.

The types of penalties for giving bribes of various categories are presented in the table:

The main punishment is a fine in an amount that is a multiple of the bribe. Deprivation of liberty Additional punishment - a fine in an amount that is a multiple of the bribe Prohibition to occupy a certain position or deprivation of a special right
Simple bribe (Part 1 of Article 290 of the Criminal Code of the Russian Federation) 10x-15x Up to 3 years 10x-20x Up to 3 years
Bribe in a significant amount (Part 2 of Article 290 of the Criminal Code of the Russian Federation) 30x-60x Up to 6 years Up to 30x Up to 3 years
Bribe for obviously illegal actions (Part 3 of Article 290 of the Criminal Code of the Russian Federation) 40s-70s From 3 to 8 years Up to 40x Up to 5 years
A bribe was received by a person in public service (Part 4 of Article 290 of the Criminal Code of the Russian Federation) 60s-80s From 5 to 10 years Up to 50x Up to 7 years
A bribe was received by a group of persons, through extortion or on a large scale (Part 5 of Article 290 of the Criminal Code of the Russian Federation) 70s-90s From 7 to 12 years Up to 60s Up to 10 years
Bribe on an especially large scale (Part 6 of Article 290 of the Criminal Code of the Russian Federation) 80x-100x From 8 to 15 years Until 70s Up to 15 years

The difference between a bribe and commercial bribery

Bribery is carried out only in relation to officials of commercial and non-profit organizations holding high positions in them - general directors, party leaders, heads of public and religious institutions. The bribe in the case of commercial bribery is also transferred in order to oblige the official to act in the interests of the bribe giver. The main difference between bribery and a standard bribe is that the bribe is always given by employees of state and municipal bodies. Bribery is used only in the commercial sphere.

Dedicated to issues of commercial bribery, and bribery of organizers and participants of entertainment competitions and sports competitions -. In the latter case, money and other material assets are transferred to jury members, judges, team members or their management.

Complicity in giving or receiving a bribe

Mediation in the transfer of a bribe is a direct violation of the law - Article 291.1 of the Criminal Code of the Russian Federation. It implies the actions of third parties who contributed to the conclusion of an agreement between the bribe giver and the bribe taker, or actions for the direct transfer of money and other material assets from one party to the other. For mediation, criminal liability arises only if the amount of the bribe is significant, that is, exceeds 25 thousand rubles.

Intermediaries are used to facilitate the process of transferring money and to keep participants in the crime in the shadows. The intermediary plays the role of a courier, who often receives a certain percentage of the transaction. The punishment for passing a bribe is severe - from a fine of up to eighty times the amount of the bribe and a ban on holding a certain position for up to 7 years to imprisonment for a term of 7 to 12 years. The severity of the punishment depends on the amount of the bribe, and even the promise or offer of mediation in bribery is subject to punishment.

What to do if a bribe is extorted?

Extortion of a bribe is not only a direct demand to transfer a certain amount of money or provide a service in exchange for the loyal attitude of the bribe recipient, but also veiled indirect hints that make it clear that the problem cannot be solved without a bribe. However, if an official’s refusal to fulfill a request is legal, then this cannot be regarded as a call to resolve the matter with a bribe.

If an official explicitly solicits a bribe, then:

  1. Record the demand for a bribe on a tape recorder or other audio recording device. It’s good if a voice recorder is already available at the official’s first appointment. Then you should just quietly turn it on as soon as the conversation turns to a bribe. If you don’t have a voice recorder at hand, you can ask for time to think about the proposal or go get money, and come back with the necessary technical equipment;
  2. After recording the conversation, you should contact law enforcement agencies, the type of which depends on the position of the extortionist. If a police officer extorts money, they contact the internal security department of the Central Internal Affairs Directorate, investigators or the FSB, and in the case of employees of state and municipal structures - the police or prosecutor's office. If we are talking about judges or major leaders of municipalities, high-ranking officials, deputies or governors, then it is better to contact the investigative committee or the FSB;
  3. Further instructions on behavior towards the extortionist will be received from employees of the Ministry of Internal Affairs.

What to do if you are accused of giving or receiving a bribe?

If the police or other law enforcement agencies accuse you of receiving or giving a bribe, you must first hire a good lawyer who will protect you from procedural abuses. What to do if the bribe was given due to extortion? This fact must be proven by any means - collect testimony from witnesses, give written explanations, use video camera footage, audio recordings. If the bribe was given on personal initiative, then full cooperation with the investigation may be the best way out. In this case, you should count on a significant mitigation of the punishment.

When accused of receiving or extorting a bribe, if this did not actually happen, it is worth trying to prove the fact of provocation on the part of the imaginary briber. Money can simply be tossed in an innocuous box of chocolates, discreetly placed in a desk drawer or pocket. Planted money in itself is not considered a bribe if you did not provide any services to the bribe giver within the framework of your position and did not show interest in receiving material compensation.

For provoking a bribe, that is, transferring money to an official without his knowledge or consent, as well as for the purpose of denigrating him or creating the appearance of extortion of a bribe, punishment is imposed on the basis of Article 304 of the Criminal Code of the Russian Federation. Such actions are punishable by a fine of up to 200 thousand rubles or imprisonment of up to 5 years.

If the bribe was received at personal request and the bribe giver’s request was fulfilled, then there is nothing left but to try, together with a lawyer, to find mitigating circumstances. For example, a difficult financial situation or the need to spend a large amount of money on treatment.

The Criminal Code of the Russian Federation contains several articles providing for criminal liability for giving or receiving a bribe. In accordance with Chapter 30 of the Criminal Code of the Russian Federation, such crimes include: taking a bribe (Article 290 of the Criminal Code of the Russian Federation), giving a bribe (Article 291 of the Criminal Code of the Russian Federation), mediation in bribery (Article 291.1 of the Criminal Code of the Russian Federation) and petty bribery (Article 291.1 Criminal Code of the Russian Federation).

The punishment for a bribe directly depends on the amount transferred. Petty bribery is considered if the amount of the bribe does not exceed 10,000 rubles, significant amount - the amount of the bribe must exceed 25,000 rubles, large amount - the amount of the bribe exceeds 150,000 rubles, and especially large amount - the amount of the bribe exceeds 1,000,000 rubles.

Punishment of an official for a bribe

Officials are recognized as persons performing the functions of a representative of the government or performing organizational, administrative and economic functions in state bodies, local government bodies, state and municipal institutions, state corporations, state companies, etc. Punishment of an official for a bribe is established by Articles 290 and 291.2 Criminal Code of the Russian Federation.

Punishment for petty bribery

The crime provided for in Article 291.2 of the Criminal Code of the Russian Federation refers to crimes of minor gravity. The sanction of the article provides for the minimum punishment for a bribe:

  • fine of up to 200,000 rubles
  • a fine in the amount of wages or other income for a period of up to three months;
  • correctional labor for up to one year;
  • restriction of freedom for up to two years;
  • imprisonment for up to one year.

Part 2 of Article 291. The Criminal Code of the Russian Federation provides for more severe punishment for persons with a criminal record for committing crimes under Articles 290, 291, 291.1, 291.2 of the Criminal Code of the Russian Federation. Sanctions The article provides for the following types and amounts of punishment:

  • fine of up to 1,000,000 rubles
  • a fine in the amount of wages or other income for a period of up to one year;
  • correctional labor for up to three years;
  • restriction of liberty for a term of up to four years;
  • imprisonment for up to three years.

Punishment for a significant bribe

  • fine in the amount of 200,000 to 1,500,000 rubles
  • a fine in the amount of wages or other income for a period of six months to two years;
  • a fine in the amount of thirty to sixty times the amount of the bribe;
  • imprisonment for up to six years.

When imposing a penalty in the form of a fine, an additional penalty may be imposed in the form of deprivation of the right to hold certain positions or engage in certain activities for up to three years, and in case of imprisonment, a fine in the amount of up to thirty times the amount of the bribe or deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. up to three years.

Punishment for a large bribe

  • fine in the amount of 2,000,000 to 4,000,000 rubles
  • a fine in the amount of wages or other income for a period of two to four years;
  • a fine in the amount of seventy to ninety times the amount of the bribe;
  • imprisonment from seven to twelve years.

When imposing a penalty in the form of a fine, an additional penalty may be imposed in the form of deprivation of the right to hold certain positions or engage in certain activities for up to ten years, and in case of imprisonment, a fine in the amount of up to sixty times the amount of the bribe or deprivation of the right to occupy certain positions or engage in certain activities for a period of up to ten years. up to ten years.

Punishment for a particularly large bribe
  • fine in the amount of 3,000,000 to 5,000,000 rubles
  • a fine in the amount of wages or other income for a period of three to five years;
  • a fine in the amount of eighty to one hundred times the amount of the bribe;
  • imprisonment from eight to fifteen years.

When imposing a penalty in the form of a fine, an additional penalty may be imposed in the form of deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years, and in case of imprisonment, a fine in the amount of up to seventy times the amount of the bribe or deprivation of the right to hold certain positions or engage in certain activities for up to fifteen years.