Article 184. Exerting unlawful influence on the result of an official sports competition or spectacular commercial competition

ST 184 of the Criminal Code of the Russian Federation.

1. Transfer to an athlete, sports judge, coach, sports team leader, other participant or organizer of an official sports competition (including their employee), as well as a jury member, participant or organizer of a spectacular commercial competition of money, securities, other property, as well as provision of services of a property nature to him, provision of other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are provided to another individual or legal entity) for the purpose of exerting unlawful influence on the result of an official sports competition or entertainment commercial competition, or coercion or inducement of such persons to exert this influence, or preliminary conspiracy with such persons for the same purposes -

shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of four months to one year, or by forced labor for a term of up to four years 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, or imprisonment for a term of up to five years with a fine in the amount of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to five months or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

2. Acts provided for in part one of this article and committed by an organized group -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of two to five years, or by forced labor for a term of up to five years, 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, or imprisonment for a term of up to seven years 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 athlete, coach, sports team leader or other participant in an official sports competition, as well as a participant in a spectacular commercial competition, money, securities, or other property, as well as the use of property services or other property rights (including when, at the direction of such person's property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity) or a preliminary conspiracy of such persons for the purpose of unlawfully influencing the result of an official sports competition or spectacular commercial competition -

shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of four months to one year, or by forced labor for a term of up to four years 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, or imprisonment for a term of up to five years with a fine in the amount of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to five months or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

4. Acts provided for in part three of this article and committed by a sports judge or the organizer of an official sports competition, as well as a member of the jury or the organizer of a spectacular commercial competition, -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of two to five years, or by forced labor for a term of up to five years, 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, or imprisonment for a term of up to seven years 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.

5. Mediation in the commission of acts provided for in parts one through four of this article, in a significant amount -

shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by correctional labor for a term of up to two years with or without 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 term of up to four years 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, or imprisonment for a term of up to four years with a fine of up to fifty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months or without it and with or without deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years.

Note.

Lost power.

Notes. 1. In part five of this article, a significant amount is recognized as an amount of money, the cost of securities, other property, property services, other property rights exceeding twenty-five thousand rubles.

2. A person who has committed a crime provided for in part one, two or five of this article is exempt from criminal liability if he actively contributed to the disclosure and (or) investigation of the crime and either extortion took place against him, or this person voluntarily reported the crime committed to the authority that has the right to initiate criminal proceedings.

Commentary to Art. 184 Criminal Code

1. The subject of bribery, based on Part 3 of the article, can be money, securities, other property, as well as property services provided without payment (apartment renovation, etc.), other benefits and advantages.

2. In parts 1 and 2, the act consists of: a) illegal transfer to athletes, judges, coaches, sports team leaders and other participants (for example, a match inspector) or organizers of official sports competitions, as well as organizers, participants or jury members of entertainment commercial competitions the subject of bribery for committing illegal actions or inaction affecting the results of competitions or contests; b) coercion or c) inducement of these persons to exert this influence; d) prior agreement with these persons.

The subject of the crime here is a person who has reached the age of 16, i.e. one who bribes.

The subjective side is characterized by direct intent and the goal of exerting an unlawful influence on the result of a competition or competition.

3. According to Parts 3 and 4 of Art. 184 of the Criminal Code, liability arises for: a) receiving or using the subject of bribery or for obtaining other benefits and advantages; b) preliminary conspiracy to exert unlawful influence on the result of a competition or competition.

Special subject - persons who were bribed, i.e. athletes, judges, etc.

4. Bribery is recognized as a completed crime if the specified persons accepted at least part of the material reward or services of a material nature. Whether they fulfilled what they promised or not does not affect the resolution of the issue of ending the crime.

5. The person who provided the bribe is subject to release from criminal liability under the conditions established by the note to the article.

6. Intermediary actions in bribery entail criminal liability under Part 5 of Art. 184 of the Criminal Code. A prerequisite for bringing criminal liability for intermediary actions is a significant amount (over 25 thousand rubles).

Second commentary to Art. 184 of the Criminal Code of the Russian Federation

1. In Art. 184 of the Criminal Code combines five groups of actions:

1) transfer (part 1 and part 2);

2) corresponding to the transfer, illegal receipt of remuneration by participants and organizers of official sports competitions and spectacular commercial competitions (part 3 and part 4);

3) coercion or inducement of these persons to exert unlawful influence on the result of such a competition or competition (part 1 and part 2);

4) preliminary conspiracy for the purpose of illegally influencing the result of an official sports competition or spectacular commercial competition (part 1 - part 4);

5) mediation in the commission of these acts (Part 5).

2. The concept of an official sports competition is given in Art. 2 Federal Law of 04.12.2007 “On physical culture and sports in the Russian Federation”: these are sports competitions included in the Unified calendar plan of interregional, all-Russian and international physical culture sports events, calendar plans of physical culture events and sports events of the constituent entities of the Russian Federation, municipalities.

The concept of spectacular commercial competitions is not defined in the law; It covers any public competitions of a commercial nature (beauty contests, film festivals, etc.); they can be carried out both within the framework of the activities of a commercial organization and by other persons (legal entities or individuals).

3. The subject of the crime is:

1) money (in any currency, including Russian);

2) securities;

3) other property (for example, video and audio equipment, books, cars, furniture, antiques, jewelry, etc.);

4) services of a property nature (any property benefits, including exemption from property obligations (for example, provision of a loan with a reduced interest rate for its use, free or at a reduced cost provision of tourist vouchers, apartment renovation, construction of a summer house, transfer of property, in particular vehicles, for its temporary use, debt forgiveness or fulfillment of obligations to other persons));

5) other property rights (including when, at the direction of persons specified in the law, property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity).

The subject is only of a material nature, is not provided for by regulatory or other (departmental) acts in the form of payment for certain behavior, actions or inaction of organizers or participants in official sports competitions or entertainment competitions and directly contradicts the conditions of the latter.

4. The objective side (Part 1 of Article 184 of the Criminal Code) is:

1) in the transfer to an athlete, sports judge, coach, sports team leader, other participant or organizer of an official sports competition (including their employee), as well as a jury member, participant or organizer of a spectacular commercial competition of money, securities, other property, and also in the provision of property services to him, the provision of other property rights in order to exert unlawful influence on the result of an official sports competition or spectacular commercial competition;

2) in forcing these persons to exert this influence;

3) in inducing these persons to exert influence;

4) in a preliminary conspiracy with the specified persons for the same purposes.

5. The crime in the first form is over when the other party - the athlete, judge, coach, etc. - has accepted at least part of the illegal reward.

6. The crime in the last three forms is completed from the moment the action is committed - coercion, inducement (regardless of whether it was possible to force or convince the person to act in the right way) or from the moment a preliminary agreement is reached to exert unlawful influence.

7. The subject can be any person who has reached the age of 16: both participants and organizers of official sports competitions or spectacular commercial competitions, as well as strangers (fans, sponsors, for example).

8. The subjective side is characterized only by direct intent. A mandatory element of the composition is the goal of exerting unlawful influence on the results of competitions or competitions.

9. In part 2 of Art. 184 of the Criminal Code establishes increased criminal liability for the same acts committed by an organized group.

10. Objective side according to Part 3 of Art. 184 of the Criminal Code is:

1) in the receipt by an athlete, coach, sports team leader or other participant in an official sports competition, as well as a participant in a spectacular commercial competition, of money, securities, or other property;

2) in the use by the specified persons of services of a property nature or other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity);

3) in a preliminary conspiracy of such persons for the purpose of unlawfully influencing the result of an official sports competition or spectacular commercial competition.

11. The crime is considered completed from the moment the guilty person accepts at least part of the subject of the crime, or from the moment he begins to use services of a property nature or other property rights, or from the moment of a preliminary agreement to exert unlawful influence on the results of a competition or competition.

12. Subjects of a crime under Part 3 of Art. 184 of the Criminal Code are an athlete, coach, sports team leader or other participant in an official sports competition, or a participant in a spectacular commercial competition.

13. The subjective side is characterized only by direct intent.

14. The crime specified in Part 4 of Art. 184 of the Criminal Code, constitutes a qualified crime under Part 3 of Art. 184 of the Criminal Code, committed by a sports judge or organizer of an official sports competition, as well as a member of the jury or organizer of a spectacular commercial competition.

15. Objective side according to Part 5 of Art. 184 of the Criminal Code consists of mediation in the commission of acts provided for in parts one through four of Art. 184 of the Criminal Code, to a significant extent.

16. A significant amount of intermediation is considered to be an amount of money, the cost of securities, other property, services of a property nature, other property rights exceeding twenty-five thousand rubles (Note 1 to the article).

17. A person who has committed an act provided for in part one, two or five of this article is exempt from criminal liability if he actively contributed to the disclosure and (or) investigation of a crime and either extortion took place against him, or this person voluntarily reported the crime committed to the authority that has the right to initiate criminal proceedings.

18. Extortion here should be understood not only as a demand to give illegal reward associated with the threat of committing actions (inaction) that may harm the legitimate interests of a person, but also the deliberate creation of conditions under which a person is forced to hand it over in order to prevent harmful consequences for his legally protected interests.

Everything about criminal cases

Go to the Criminal Code

Url Additional information:

Part
I
(up to 5 years)

- Part 1 184 of the Criminal Code

giving a bribe to influence the outcome of a sports competition

Part
II
(up to 7 years)

- Part 2 184 of the Criminal Code

organized group

Part
III
(up to 5 years)

- Part 3 184 of the Criminal Code

taking a bribe

Part
IV
(up to 7 years)

- part 4 184 of the Criminal Code

taking a bribe by a sports judge

Part
V
(up to 4 years)

- Part 5 184 of the Criminal Code

mediation in giving a bribe in a significant amount

Notes

- note 1

significant size over 25,000 rub.


note 2
with active cooperation the person is released

Article 184 of the Criminal Code. Exerting unlawful influence on the result of a sports competition or competition

1) Transfer for the purpose of exerting unlawful influence on the result of an official sports competition or spectacular commercial competition:

- athlete,

- sports referee,

- to the coach,

- head of a sports team,

- another participant or organizer of an official sports competition (including their employee),

- as well as a jury member, participant or organizer of a spectacular commercial competition:

- money, securities, other property,

- as well as the provision of property services to him,

— granting other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity),

- or coercion;

- or inducing such persons to exert this influence;

- or a preliminary conspiracy with such persons for the same purposes,

punishable:

1 fine 300.000 — 700.000
3 forced labor

+ with deprivation of rights for up to 3 years (or without)

up to 4 years
3 imprisonment

+ with a fine of up to 100,000 (or without)

+ with deprivation of rights for up to 3 years (or without)

up to 5 years

2) Acts provided for in Part 1 of this article and committed by an organized group,

are punished:

1 fine 500.000 — 1.000.000
3 forced labor

+ with deprivation of rights for up to 3 years (or without)

up to 5 years
3 imprisonment

+ with deprivation of rights for up to 3 years (or without)

up to 7 years

3) Receipt by an athlete, coach, sports team leader or other participant in an official sports competition, as well as a participant in a spectacular commercial competition, money, securities, other property, as well as the use of property services or other property rights (including when, at the direction of such person's property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity) or a preliminary conspiracy of such persons for the purpose of illegally influencing the result of an official sports competition or spectacular commercial competition,

punishable:

1 fine 300.000 — 700.000
3 forced labor

+ with deprivation of rights for up to 3 years (or without)

up to 4 years
3 imprisonment

+ with a fine of up to 100,000 (or without)

+ with deprivation of rights for up to 3 years (or without)

up to 5 years

4) Acts provided for in Part 3 of this article and committed by a sports judge or organizer of an official sports competition, as well as a member of the jury or organizer of a spectacular commercial competition,

are punished:

1 fine 500.000 — 1.000.000
3 forced labor

+ with deprivation of rights for up to 3 years (or without)

up to 5 years
3 imprisonment

+ with deprivation of rights for up to 3 years (or without)

up to 7 years

5) Mediation in the commission of acts provided for in Part 1 of this article, in a significant amount,

punishable:

1 fine up to 500.000
correctional labor

+ with deprivation of rights for up to 3 years (or without)

up to 2 years
3 forced labor

+ with deprivation of rights for up to 3 years (or without)

up to 4 years
3 imprisonment

+ with a fine of up to 50,000 (or without)

+ with deprivation of rights for up to 3 years (or without)

up to 4 years

Notes.

1) A significant amount in Part 5 of this article is considered to be an amount of money, the cost of securities, other property, property services, other property rights exceeding 25,000 rubles.

2) A person who has committed a crime under Part 1, Part 2 or Part 5 of this article is exempt from criminal liability if he:

Url Additional information:

- paragraph 30

Plenum No. 58 what actions are considered active promotion

— actively contributed to the detection and (or) investigation of the crime;

- and either there was extortion against him;

- or this person voluntarily reported the crime committed to an authority that has the right to initiate a criminal case.

Return to the Criminal Code
Seek advice

Rating
( 2 ratings, average 4 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]