ST 309 of the Criminal Code of the Russian Federation.
1. Bribing a witness, a victim for the purpose of giving false testimony, or an expert, specialist for the purpose of giving a false conclusion or false testimony, as well as a translator for the purpose of making an incorrect translation, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for a period of up to two years, or arrest for a period of up to three months.
2. Forcing a witness, a victim to give false testimony, an expert, a specialist to give a false conclusion or a translator to carry out an incorrect translation, as well as forcing these persons to evade testifying, combined with blackmail, threats of murder, harm to health, destruction or damage property of these persons or their relatives - is punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to three years, or by arrest for a term of three to six months, or imprisonment for a term of up to three years.
3. The act provided for in part two of this article, committed with the use of violence that is not dangerous to the life or health of these persons, is punishable by forced labor for up to five years or imprisonment for the same term.
4. Acts provided for in parts one or two of this article, committed by an organized group or with the use of violence dangerous to the life or health of these persons, are punishable by imprisonment for a term of three to seven years.
Commentary to Art. 309 of the Criminal Code
1. The victim is a witness, victim, expert, specialist, translator or their relatives (in part 2).
2. The objective side is expressed in the form of bribery actions (Part 1); coercion combined with blackmail, threat of murder, harm to health, destruction or damage to the property of these persons or their loved ones (Part 2); coercion committed with the use of violence that is not dangerous to the life or health of these persons (Part 3); bribery or coercion committed by an organized group or with the use of violence dangerous to the life or health of these persons (Part 4). Bribery means the transfer to specified persons of remuneration in the form of money, securities, other property or rights to it, the provision of services of a property nature in order to induce them to give false testimony, make a false conclusion or make an incorrect transfer. It is important to establish the consent of these persons to receive such remuneration. For more information about the concept of bribery, see the commentary to Art. 204 CC. On the concept of coercion through the use of threats or blackmail, see the commentary to Art. 302 of the Criminal Code. The threats in this article are specified.
3. The crime is recognized as completed from the moment of partial or complete transfer of the subject of bribery (Part 1), the commission of actions aimed at forcing said persons to testify or evade testifying or to make an incorrect translation (Part 2), coercive actions, combined with violence not dangerous to life or health (Part 3), actions of bribery or coercion combined with violence dangerous to life or health (Part 4), regardless of the occurrence of socially dangerous consequences.
4. The subjective side is characterized by direct intent and goals to get the victim to give false testimony, conclusion or incorrect translation, or to force him to refuse to testify (this goal is possible in parts 2 - 4).
Actions of a person to bribe a witness or victim in order to induce them to refuse to testify are qualified as incitement to a crime under Art. 308 CC; actions to force an expert or specialist to give false testimony - as incitement to a crime under Art. 307 of the Criminal Code.
Second commentary to Art. 309 of the Criminal Code of the Russian Federation
1. Bribery consists of material reward personally or through intermediaries (payment of money, transfer of valuables, exemption from payment of debt, provision of other types of material benefits) to a witness, victim, expert or translator for giving false testimony, conclusions or incorrect translation. This concept also covers the promise of the perpetrator to provide specified persons with property benefits in the future. Bribery can be carried out both in criminal and civil, arbitration and administrative cases, as well as in cases of administrative offense.
2. The crime is considered completed from the moment of reaching an agreement to give false testimony, conclusion or making an incorrect transfer.
3. The subjective side is characterized by direct intent and purpose - to achieve false testimony, conclusion or incorrect translation.
4. The subject of the crime is a person who has reached the age of 16 years.
5. Coercion (Part 2 of Article 309 of the Criminal Code) should be considered mental influence on a witness, victim, expert, specialist or translator as a way to force them to perform one of the actions specified in the law:
a) give false testimony (conclusion) or make an incorrect translation; b) avoid giving evidence.
The law associates coercion with blackmail or threat.
6. The crime should be considered completed from the moment the demands are made to give false testimony or make an incorrect translation, supported by blackmail or threat.
7. The subjective side is characterized by direct intent.
8. The subject of the crime is a person who has reached the age of 16 years.
9. A qualified type of coercion (Part 3) is determined by the use of violence that is not dangerous to the life or health of these persons (see commentary to Article 161 of the Criminal Code).
10. In part 4 art. 309 provides for liability for bribery or coercion committed by an organized group or with the use of violence dangerous to the life or health of these persons (see comments to Articles 35 and 162 of the Criminal Code).
Article 309. General provisions
Ruling of the Supreme Court of the Russian Federation dated 01/09/2019 N 305-ES18-22897 in case N A40-197009/2017 Partially satisfying the claim, the courts were guided by Articles 309, 310, 424, 539, 541, 543, 544 of the Civil Code of the Russian Federation, Federal Law dated 03/26/2003 N 35-FZ “On Electric Power Industry”, Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by Decree of the Government of the Russian Federation dated 12/27/2004 N 861, Basic provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation Federation dated 04.05.2012 N 442, came to the conclusion that the plaintiff (grid organization) has proven that the defendant (energy sales organization) has contractual relations with six consumers.
Ruling of the Supreme Court of the Russian Federation dated January 17, 2019 N 309-ES18-23782 in case N A76-28986/2017
In satisfying the claim, the courts were guided by Articles 309, 310, 329, 330, 332, 333, 401, 539, 544 of the Civil Code of the Russian Federation, Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry” and proceeded from the absence of grounds for the release of the defendant from liability for late payment for electricity supplied by the plaintiff.
Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 29, 2019 in case No. 305-ES18-18384, A40-39027/2018
Refusing to satisfy the initial claim and partially satisfying the counterclaim, the courts were guided by Articles 159, 309, 310, 314, 432, 434, 450, 450.1, 453, 723, 779, 781, 782, 1102 of the Civil Code of the Russian Federation and proceeded from the fact that the company (contractor) has not proven the fact of provision of the disputed services, there are no grounds for the company to withhold the advance after the company (customer) terminates the contract unilaterally and in the absence of evidence of its completion.
Ruling of the Supreme Court of the Russian Federation dated January 10, 2019 N 305-ES18-23190 in case N A40-187901/2017
In a cassation appeal filed with the Supreme Court of the Russian Federation, the applicant asks the decisions of the courts of appeal and cassation to be canceled, citing a significant violation of the provisions of Articles 309, 310, 330, 431 of the Civil Code of the Russian Federation. By virtue of Part 1 of Article 291.11 of the Arbitration Procedural Code of the Russian Federation, the grounds for cancellation or modification of judicial acts by the Judicial Collegium of the Supreme Court of the Russian Federation in cassation proceedings are significant violations of the norms of substantive law and (or) norms of procedural law that influenced the outcome of the case and without elimination in which it is impossible to restore and protect violated rights, freedoms, legitimate interests in the field of business and other economic activities, as well as the protection of public interests protected by law.
Ruling of the Supreme Court of the Russian Federation dated January 11, 2019 N 304-ES18-22485 in case N A67-2157/2017
When accepting the appealed judicial acts, the courts, guided by the provisions of Articles 309, 310, 330, 478, 525, 526 of the Civil Code of the Russian Federation, examined and assessed in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation the evidence presented in the case, establishing the fact of delivery of equipment that did not meet the technical requirements and auction documentation, came to the conclusion that there were legal grounds for satisfying the initial claim and refusing to satisfy the counterclaim.
Ruling of the Supreme Court of the Russian Federation dated January 10, 2019 N 303-ES18-22416 in case N A73-7087/2018
Having examined the circumstances of the dispute and the evidence presented, the courts established the incorrect indication of the weight of the cargo in the invoice as the basis for collecting a penalty from the defendant (shipper), taking into account the criteria for reduction, and therefore satisfied the claim in accordance with Articles 309, 310, 330, 333 of the Civil Code of the Russian Federation.
Ruling of the Supreme Court of the Russian Federation dated January 25, 2019 N 306-ES18-23702 in case N A12-203/2018
When accepting the appealed judicial acts, the courts, guided by the provisions of Articles 309, 310, 506, 523 of the Civil Code of the Russian Federation, examined and assessed in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation the evidence presented in the case, establishing the fact of timely notification of the defendant about the readiness of delivery of goods and about the delivery of goods itself , the defendant’s evasion from accepting the delivered goods, the defendant’s failure to send applications for the supply of goods, the defendant’s unilateral refusal to fulfill the contract was recognized as unfounded.
Ruling of the Supreme Court of the Russian Federation dated January 25, 2019 N 307-ES18-23460 in case N A56-63015/2017
When accepting the appealed judicial act, the appellate court, guided by the provisions of Articles 309, 310, 329, 330, 486, 506, 516 of the Civil Code of the Russian Federation, examined and assessed in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation the evidence presented in the case, establishing the fact of improper fulfillment of obligations by the defendant upon payment for the goods delivered and accepted, taking into account the partial payment for the goods, I came to the conclusion that there were legal grounds for satisfying the claim.
Ruling of the Supreme Court of the Russian Federation dated January 25, 2019 N 306-ES18-23616 in case N A55-5399/2017
When accepting the appealed judicial acts, the courts, guided by the provisions of Articles 309, 310, 328, 606, 614 of the Civil Code of the Russian Federation, the explanations contained in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 01.11.2002 N “Review of the practice of resolving disputes related to lease", having examined and assessed, in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation, the evidence presented in the case, including the terms of the lease agreement, having established the fact that the company complied with the procedure and conditions for the return of property agreed upon by the lease agreement, as well as the circumstances of the plaintiff’s evasion from acceptance (seizure) of the property, came to the conclusion that the company had lawfully suspended its obligation to make rent payments and dismissed the claim.
Ruling of the Supreme Court of the Russian Federation dated January 25, 2019 N 304-ES18-23656 in case N A46-22957/2017
When accepting the appealed judicial act, the appellate court, guided by the provisions of Articles 309, 310, 456, 469, 475 of the Civil Code of the Russian Federation, the explanations set out in paragraphs three, four of paragraph 1 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N “On the application courts of certain provisions of Section 1 Part 1 of the Civil Code of the Russian Federation", having examined and assessed in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation the evidence presented in the case, having established the fact of delivery of goods of inadequate quality, came to the conclusion that there were legal grounds for satisfying the claim.
Ruling of the Supreme Court of the Russian Federation dated January 25, 2019 N 305-ES18-23354 in case N A41-76417/2017
When accepting the appealed judicial acts, the courts, guided by the provisions of Articles 309, 310, 329, 330, 382, 384, 389 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the provisions of the Federal Law of December 30, 2004 N 214-FZ “On participation in equity construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation,” Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, were based on the established fact of violation of the deadline for the transfer of a shared construction project.
