The document was prepared pursuant to the instructions of the President following the meeting of the presidential Council for countering, held on 26 January. Then the head of the presidential administration Sergei Ivanov said that the need “to study the issue of accountability in cases where the bribe is given for committing an official action in favor of third parties, and not the giver, but also when a bribe is not given directly to the official, and third party indicated by”.
The bill proposes to recognize the criminal offences are cases when a bribe (money, securities, property or services) is transferred not to the officer, and another natural or legal person at his direction.
For mediation in commercial bribery, as well as for the promise of mediation, is entered criminal punishment. Mediation USACE proposed to be punished by a fine of up to 700 thousand rubles or in the amount of from twenty to a forty-multiple amount, deprivation of the right to occupy certain positions or imprisonment for up to four years.
The concept of “bribery” in the article “the Provision of illegal influence on results of official sports competitions and entertainment commercial contest” is replaced with “more specific” concept “illegal transfer”.
Also, the bill proposes to establish a more lenient punishment for those who commit commercial bribery, gave or received the bribe for the first time and in the amount of less than 10 thousand rubles.. Small bribe will be punished by a fine of 200 thousand rubles, in the amount of three months salary, corrective labour, restriction or deprivation of liberty for a term up to one year. Now in UK the punishment for the main article about a bribe — a fine of up to defenestrate the amount of the bribe, or by deprivation of liberty for a term from seven till twelve years with a fine.
Small commercial bribery threatens punishment to a fine of 150 thousand rubles, the salary of the convict for three months, or by corrective labour.
“In 2012-2015 the vast majority of criminal cases on the fact of commercial bribery, bribery excited at the amount of less than 10 thousand rubles.”, — are motivated by changes in the explanatory note.
For those who commit minor commercial bribery a second time, faces a penalty of 500 thousand rubles, salary for six months or restriction of freedom. Bribe a second time will face a million-dollar penalty or the restriction or deprivation of liberty. “The presence of such qualified squads will be a preventive measure for re-committing small commercial bribery and petty bribery,” reads the explanatory note.
Changes to the criminal code entered for the execution of Russia’s international legal obligations under the Convention of the Organization for economic cooperation and development (OECD) against corruption, stated in the explanatory Memorandum. According to article 1 of the Convention, each state party should take the necessary measures for the recognition of criminal offences the intentional offer, promise or giving of any improper advantage to a foreign official person, in favor of this official or a third party.
All initiatives that are aimed at fighting corruption and detailing the corruption of the compounds that have a positive impact on criminal practice, said the lawyer Ruslan Koblev. He notes that many criminal offences are revealed through confessions intermediaries. But to the person found by the mediator, it needs to pass on a bribe, not to be the final recipient, indicating the lawyer. The new initiative will introduce an additional gradation.
“These amendments only simplify the process of bringing people to criminal responsibility,” — said the lawyer Vladimir Zherebenkov. According to him, law enforcers will be easier to falsify a crime: the only testimony of the alleged bribe-taker, which allegedly committed the actions.