Yu.A. Klimenko

The Classification of Mediation in Commercial Bribery and Bribery

2016. No. 4. P. 96–105 [issue contents]
The article is devoted to criminal legal treatment of an intermediary at commission of corruptioncrimes in private and public sector. The object of the research is the rules of the RF Criminal Code,practice of the Supreme Court of Russia on their application, international legal obligations of Russiato fight against corruption, and the criminal law doctrine of the malfeasances in office. The subjectmatter of the research is the classification of mediation in bribery, commercial bribery, small briberyand small commercial bribery. The legal nature of criminal mediation, mediation ratio with instituteof partnership in a crime is investigated. The main points of view developed in the legal doctrine onthe issue of mediation in office crimes are analyzed. The international standards of criminalization ofmediation in bribery provided in the OECD Convention on Combating Bribery of Foreign Public Officialsin International Business Transactions are studied. Some recommendations about legal treatment of mediation in the corruption crimes are given in the paper taking into account an object of a crime, aform of criminal complicity and an orientation of intention of a guilty person. The question of volume ofincrimination deemed as unimportant for classification of mediation in small commercial bribery (Art.204.2 of CC). The author proposes a few additions to the resolution of the Plenum of the SupremeCourt of the Russian Federation of 09.07.2013 № 24 On jurisprudence on cases of bribery and of othercorruption crimes. These amendments are directed on interpretation of the new rules on mediationin office crimes included in the Russian Criminal code by the Federal law of 03.07.2016 № 324-FL.
Citation: Klimenko Y. (2016) Kvalifikatsiya posrednichestva v kommercheskom podkupe i vzyatochnichestve [The Classification of Mediation in Commercial Bribery and Bribery]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 96-105 (in Russian)
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