What is considered a bribe? Article 290 of the Criminal Code of the Russian Federation. Receiving a bribe

Last updated March 2021

Quite often there are two types of people. Some people believe that everything can be solved with money or other material goods. Others are ready to “help” in any matter for a fee, even if this means breaking the law, violating their oaths and oaths when entering the service and work, promises to fulfill their duty honestly, and work for the good of society and the state. The first may have to answer for giving, and the second for receiving a bribe.

During the period January-September 2021, law enforcement officers registered 1,490.9 thousand crimes, 0.7% of them were facts related to bribery (10,179). Of this impressive number, 2,974 were the receipt of a bribe. Their number increased by 8.9%.

Responsibility for this crime is established by two provisions of the Criminal Code of the Russian Federation - Art. 290 “Taking a bribe” and 291.2 “Petty bribery”. The elements of these crimes are actually the same, the difference is in the amount of the bribe: under Art. 291.2, receiving a bribe of up to 10 thousand rubles is punishable, according to Art. 290 – more than this amount. There is no administrative liability for this act.

Definition of bribe

Providing a certain amount of funds for any action is an offense. Such a crime is regulated by the provisions of Art. 290 and 291 of the Criminal Code. This economic offense is considered quite serious, as it is the cause of the high level of corruption in the country. Due to such actions, officials and officials of various organizations abuse their powers. Typically, bribes are offered to people holding high positions in a company or government agency.

All people should know what is considered a bribe, since when it is detected, selfish intent must be detected. A bribe is the procedure of transferring funds or any valuable items to another person. For these values, the bribe-taker performs certain actions that benefit the bribe-giver.

For such actions to be recognized as a crime, funds must be transferred only to officials who work in state or municipal organizations.

Bribe Art. 290 of the Criminal Code of the Russian Federation (Part 1)

Dear Colleagues! I believe that many of you will be interested in reading in this article the current judicial practice in criminal cases involving crimes under Art. 290 of the Criminal Code of the Russian Federation of our region and others, the position of the Armed Forces of the Russian Federation.

In order not to make the article cumbersome and to make it easier for you to read, I will convey the information to you in parts.

To begin with, I will give a brief concept of a bribe, the object of a criminal attack, the subject of a crime.

And so, bribery is the most dangerous and widespread manifestation of corruption. It includes three socially dangerous acts - 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) and mediation in bribery (Article 291.1 of the Criminal Code of the Russian Federation).

The essence of this crime is that an official receives obviously illegal material remuneration from other persons for his official behavior or in connection with his position.

Crimes of this group are assigned by the legislator to Chapter 30 of the Criminal Code of the Russian Federation, the name of which determines the object of criminal encroachment.

The object of these crimes is normal, i.e. activities of the public administrative apparatus in accordance with the legislation in the person of state bodies, local government bodies, state and municipal institutions, as well as the administrative apparatus in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation to fulfill the tasks facing them.

The most important condition for the proper functioning of this management apparatus is the implementation of the principle of public law, legal payment for the official activities of officials.

An official is obliged in his activities to be guided by the interests of the service and can receive remuneration for his service only in the manner prescribed by law and in no case privately from individual citizens and organizations interested in a particular action (inaction) of the official or in general in a certain direction of the official's activities.

The subject of this crime is a special official, as well as a foreign official or an official of a public international organization.

As explained by the Plenum of the Supreme Court of the Russian Federation in paragraph 1 of the Resolution dated 07/09/2013. No. 24 “On judicial practice in cases of bribery and other corruption crimes” (hereinafter referred to as the resolution of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2013 No. 24) to foreign officials and officials of a public international organization in Articles 290, 291 and 291.1 The Criminal Code of the Russian Federation includes persons recognized as such by international treaties of the Russian Federation in the field of combating corruption.

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 enterprises (for example, minister, mayor, judge, prosecutor).

Officials of a public international organization include, in particular, members of parliamentary meetings of international organizations in which the Russian Federation is a participant, persons holding judicial positions in any international court whose jurisdiction is recognized by the Russian Federation.

The list of persons classified as officials is determined by the legislator in the note to Art. 285 of the Criminal Code of the Russian Federation.

These include persons who permanently, temporarily or by special authority carry out the functions of a government representative or organizational, administrative, economic functions in state bodies, local governments, state and municipal institutions, state corporations, as well as in the Armed Forces of the Russian Federation and other troops and military formations of the Russian Federation.

The concept of a representative of power by the legislator is given in the note to Art. 318 of the Criminal Code of the Russian Federation and is defined as an official of a law enforcement or regulatory body, as well as another official vested in the manner prescribed by law with administrative powers in relation to persons who are not officially dependent on him.

In accordance with the explanations contained in paragraph 3 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009. No. 19 “On judicial practice in cases of abuse of official powers and exceeding official powers”, the specified sign - the presence of administrative powers in relation to persons who are not in official dependence, is mandatory for recognizing an official as a representative of the authorities.

The functions of officials are explained in detail in paragraphs. 3-7 of the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation.

Acting as a representative of government should include persons vested with the rights and responsibilities to exercise the functions of legislative, executive or judicial authorities, as well as, based on the content of the note to Article 318 of the Criminal Code of the Russian Federation, other persons of law enforcement or regulatory bodies vested with administrative powers in accordance with the procedure established by law powers in relation to persons who are not officially dependent on them, or the right to make decisions binding on citizens, organizations, institutions, regardless of their departmental affiliation and forms of ownership (clause 3).

Organizational and administrative functions should be understood as the powers of an official that are associated with the management of the labor collective of a state body, state or municipal institution (its structural unit) or individual employees subordinate to them, with the formation of personnel and the determination of the labor functions of employees, with the organization procedure for serving, applying incentives or rewards, imposing disciplinary sanctions, etc.

Organizational and administrative functions include the powers of persons to make decisions that have legal significance and entail certain legal consequences (for example, to issue a certificate of temporary disability by a medical worker, to establish by an employee of a medical and social examination institution that a citizen has a disability, to take exams and give grades by a member state examination (certification) commission) (clause 4).

As administrative and economic functions, one should consider the powers of an official to manage and dispose of property and (or) funds on the balance sheet and (or) bank accounts of organizations, institutions, military units and units, as well as to perform other actions (for example, making decisions on the calculation of wages, bonuses, monitoring the movement of material assets, determining the procedure for their storage, accounting and control over their expenditure) (clause 5).

Exercising the functions of an official under special authority means that a person exercises the functions of a representative of government, performs organizational, administrative or administrative functions assigned to him by law, other regulatory legal act, order or instruction of a superior official or an authorized body or official. (for example, the functions of a juror). The functions of an official under special authority can be performed for a certain time or once, and can also be combined with the main job.

When performing the functions of an official temporarily or when performing them under special authority, a person can be recognized as an official only during the period of performance of the functions assigned to him (clause 6).

It also follows from the provisions of paragraph 6 of the resolution of the Plenum that if a person is appointed to a position in violation of the requirements or restrictions established by law or other regulatory legal acts, the candidate for this position (for example, in the absence of a diploma of higher professional education, the required work experience, if he has a criminal record, etc.), then this circumstance does not exclude the possibility of bringing him to criminal liability for crimes provided for in Chapter 30 of the Criminal Code of the Russian Federation.

In the Armed Forces of the Russian Federation, other troops, military (special) formations and bodies performing functions to ensure the defense and security of the state, officials who permanently, temporarily or by special authority perform organizational, administrative and (or) administrative and economic functions may be superiors by official position and (or) military rank.

Chiefs by official position are persons to whom military personnel are subordinate in service. These should include:

- persons holding relevant military positions according to the state (for example, commander of a squad, company, head of the regiment's clothing service);

- persons temporarily performing duties in the relevant military position, as well as temporarily performing the functions of an official under special authority.

Civilian personnel are superiors to subordinate military personnel in accordance with their regular positions.

Superiors by military rank are defined in Article 36 of the Internal Service Charter of the Armed Forces of the Russian Federation (in particular, sergeants and foremen are superiors by military rank for soldiers and sailors of only one military unit with them) (clause 7).

The courts recognized officials of the Ministry of Internal Affairs of Russia who served in various divisions of this department as representatives of the authorities. At the same time, the courts were guided by the provisions of the Federal Law of the Russian Federation “On the Police”, according to which employees of the Ministry of Internal Affairs have the right and obligation to identify, suppress and document illegal behavior, carry out criminal and administrative prosecution against persons involved in the commission of offenses, i.e. on the basis of vesting police officers with administrative powers in relation to persons who are not officially dependent on them.

On the same basis, given in the note to Art. 318 of the Criminal Code of the Russian Federation, the courts recognized as representatives of the authorities the head of the territorial department - the chief state engineer-inspector of the State Technical Supervision (Kholmogorsky District Court, case No. 1-72-2011), a customs officer (Lomonosovsky District Court, case No. 1-170-2011), employees of the Federal Penitentiary Service who served in correctional institutions (Kotlas City Court, case No. 1-26-2011, Arkhangelsk Regional Court, case No. 2-63-2012), who were vested with administrative powers in relation to persons who were not officially dependent on them, in compliance with the goals and objectives of these state executive bodies.

In some criminal cases involving crimes under Art. 290 of the Criminal Code of the Russian Federation, the courts indicated on the basis of which regulations and job descriptions the perpetrators have the characteristics of an official.

At the same time, in the criminal case considered by the Plesetsk District Court against an employee of the Federal Penitentiary Service of Russia in the Arkhangelsk Region, the preliminary investigation body in the indictment unreasonably indicated that this person was not a representative of the authorities, but performed organizational and administrative functions. Thus, Dokuchaev L.N. ., who is the operational duty officer of the security department of the federal budgetary institution "Medical correctional institution 8 of the Federal Penitentiary Service in the Arkhangelsk Region", was found guilty under Part 2 of Article 290 of the Criminal Code of the Russian Federation for a bribe from a convicted person in the amount of 3,000 rubles on November 20, 2010 years, illegally brought two mobile phones and chargers for them into the territory of the correctional institution for the purpose of transferring them to the latter.

Subject to the provisions of Art. 252 of the Code of Criminal Procedure of the Russian Federation in the descriptive part of the verdict, the court indicated that Dokuchaev V.V. was an official, since he performed organizational and administrative functions, his official duties included compliance with the requirements of the laws of the Russian Federation, regulations, including the Federal Penitentiary Service of Russia, regulating the conditions of service, in particular, on the basis of his job description, he was obliged to report all requests to him of any kind - or persons for the purpose of inducing them to commit corruption offences.

In this case, Dokuchaev L.N. was a representative of the authorities, since according to Articles 13, 14, 26 of the Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment” dated July 21, 1993. No. 5473-1 (with subsequent amendments and additions), being an employee of a correctional institution, he was obliged, in particular, to create conditions for ensuring law and order and legality, to monitor compliance with security requirements at the facilities of penal institutions and the territories adjacent to them , to demand from convicted persons and other persons to fulfill their duties established by the legislation of the Russian Federation and to comply with the internal regulations of institutions executing punishments, to apply to offenders the measures of influence and coercion provided for by law, to confiscate things and objects prohibited for use and storage by convicted persons.

In accordance with the job description, the responsibilities of L.N. Dokuchaev included the management of the duty shift, the organization and implementation of a set of measures to supervise convicts, he had the right to give instructions to employees of all structural divisions on issues related to the supervision of convicts and maintaining the established order, to issue decisions on the temporary placement of convicts in a safe place or a punishment cell, make decisions on the inspection of persons, their belongings and vehicles in the territory where security requirements are established, give permission in exceptional cases to carry things, packages, bags and similar items into the territory of the colony and production facilities, subject to their mandatory inspection at the control checkpoint; manage the seizure and placement (release) of violators of the established procedure for serving a sentence in the EPKT, PKT, SHIZO, make decisions on the seizure of prohibited things from convicted persons, etc. (Plesetsk District Court, case No. 1-67-2011). The official performing organizational and administrative functions was recognized as the head of the surgical department of the state budgetary healthcare institution of the Arkhangelsk region A.V. Tarabukin, who was vested with the right to issue certificates of incapacity for work, his orders were mandatory for the middle and junior medical staff of the department, who were his subordinates , i.e. Tarabukin A.V. performed organizational and administrative functions in a state healthcare institution and was an official (Arkhangelsk Regional Court, case No. 2-42-2011).

At the same time, ordinary doctors are vested with separate organizational and administrative functions, to which the courts included the authority to issue certificates of incapacity for work. Thus, the Oktyabrsky District Court found a traumatologist-orthopedist at the Municipal Health Institution “City Clinic No. 1” guilty of accepting bribes and forgery. Arkhangelsk. At the same time, the court in its verdict, when describing the specific powers to make decisions that have legal significance and entail legal (legal) consequences, indicated that the orthopedic traumatologist, in accordance with clause 2 of the Procedure for issuing certificates of incapacity for work by medical organizations, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 514 dated 01.08.2007 “On the procedure for issuing certificates of incapacity for work by medical organizations”, had the right to issue certificates of incapacity for work provided for in clause 1 of this Procedure, but violated the provisions of paragraphs. 4, 5 of the specified Procedure, obliging it to issue certificates of incapacity for work only upon presentation of a passport or a document replacing it, after examining the citizen and recording data on his state of health in the medical record of an outpatient (inpatient) patient, justifying the need for temporary release from work (Oktyabrsky district court, case No. 1-25-2011). Similarly, the authority to issue certificates of incapacity for work was attributed to the organizational and administrative functions of medical workers in other cases (Velsky District Court, case No. 1-117-2011, Arkhangelsk Regional Court, cases No. 2-59-2012, 2-72-2012 ). At the same time, if a person of this category receives a monetary reward for performing actions not related to the implementation of organizational, administrative and administrative functions, this circumstance excludes the possibility of qualifying the act under Article 290 of the Criminal Code of the Russian Federation. Thus, the Perm Regional Court convicted N. under paragraph “b” of Part 4 of Article 290 of the Criminal Code of the Russian Federation for illegally issuing and actually forging prescriptions for which potent substances were issued, receiving money in the amount of 100 rubles for each prescription .

The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation reclassified N.’s actions under Art. 233 of the Criminal Code of the Russian Federation, indicating that according to the job description of a pediatrician at a city hospital, the convict, as an ordinary pediatrician, had neither organizational, administrative, nor administrative functions and therefore was not an official, and, therefore, cannot be considered a subject of a crime , provided for in Art. 290 of the Criminal Code of the Russian Federation, i.e. receiving a bribe.

He must be held liable under Art. 233 of the Criminal Code of the Russian Federation for the illegal issuance and forgery of prescriptions giving the right to receive potent drugs that can be used for the manufacture of narcotic substances (Bulletin of the Supreme Court of the Russian Federation, 2003, No. 1). Convicts P.I. Sidorov, who held the positions of head, rector, and acting rector of the Arkhangelsk State Medical Academy, which was renamed the Northern State Academy in 2001, were recognized as officials performing both organizational and administrative and administrative functions in a state institution. Medical University (hereinafter referred to as AGMA, SSMU), as well as Berezin A.V., who was first deputy and then chief physician of the State Healthcare Institution "Arkhangelsk Regional Clinical Hospital" (hereinafter referred to as State Healthcare Institution "AOKB"). Coming to the conclusion that the defendant Sidorov P.I. refers to the number of officials, the court indicated that SSMU (formerly AGMA), as can be seen from the Charter, is a state institution. Sidorov P.I. according to orders and a copy of the work book, during 1998 - April 2009, he constantly led this state institution as rector and acting. rector, was endowed with the rights to hire and dismiss employees, give them binding instructions, approve local regulatory documents, including staffing, dispose of property, enter into and terminate contracts, that is, he was an official carrying out organizational activities in a state institution. administrative and administrative and economic functions (Arkhangelsk Regional Court, case No. 2-1-2012). A similar conclusion is contained in the verdict against the chief physician of the State Healthcare Institution “AOKB” A.V. Berezin (Arkhangelsk Regional Court, case No. 2-37-2012). According to the verdict of the Nyandoma District Court, the convicted Korolev I.L., who was a foreman of the forestry, acting as the chief specialist-expert of the Kargopolsky district forestry of the Kargopolsky forestry, taking into account the charges brought, was also recognized as an official who carried out administrative, economic and organizational functions. As can be seen from the order of the head of the territorial body of the Forestry and Hunting Agency of the Arkhangelsk Region on the transfer of I.L. Korolev. to the position of foreman of the Kargopol district forestry, he was given the right to prepare contracts for the purchase and sale of forest plantations, the release of standing timber and the acceptance of completed felling of forest areas, the acceptance of cutting areas at the end of the felling period with the preparation of an acceptance certificate, checking the fulfillment of contractual obligations by forest users, making current changes in forest management materials and the forest fund accounting book. By order of the head of the above-mentioned Agency, he was also assigned the duties of a specialist expert of the same forestry, according to which his responsibilities included preparing auctions for the sale of the right to conclude purchase and sale agreements for forest plantations, concluding agreements for the sale and purchase of forest plantations and monitoring their execution; designing forest plots and submitting them to the forestry department for use based on the results of an auction or by decision of the agency; monitoring the fulfillment by users of forest areas of contractual relations; making current changes to forest management materials and maintaining the state register; direct supervision of the work of district forestry foremen; implementation of state forest supervision and control, as well as control and supervision in the field of protection, reproduction, use of wildlife; drawing up protocols on administrative offenses in the established field of activity (Nyandoma District Court, case No. 1-39-2011). Thus, the convict was an employee of the Forestry and Hunting Agency of the Arkhangelsk Region, which, in accordance with clauses 8, 9, 12 of the “Regulations on the Forestry and Hunting Agency of the Arkhangelsk Region”, approved by the Decree of the Government of the Arkhangelsk Region dated December 18, 2009. No. 199-pp (with subsequent amendments and additions), exercised, in particular, state control and supervision over the use, protection, protection and reproduction of forests in forest areas owned by the Arkhangelsk region, state fire supervision in this area of ​​activity, as well as state control and supervision over compliance with legislation in the field of protection and use of wildlife and their habitats, consideration within its competence of cases of administrative offenses, exercise of other related powers in cases and in the manner provided for by the legislation on administrative offenses.

In this regard, the specified official performed supervisory functions, was endowed with administrative powers in relation to persons who were not officially dependent on him in accordance with the procedure established by law, had the right to make decisions binding on citizens, as well as organizations, his duties included the involvement of persons to administrative liability. As a result, this official should have been classified as a representative of the authorities.

The acceptance of money, property services, etc. by an official does not form part of receiving a bribe. for committing actions (inaction), although related to the performance of his professional duties, but not related to the powers of a government representative, organizational, administrative or administrative functions (clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/09/2013 No. 24 ). Thus, the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation recognized as untenable the arguments of the cassation submission of the state prosecutor that the head of the hostel D. is the subject of the crime.

In the case, it was established that D. (the head of the hostel) acted as an accomplice in receiving bribes to L. (the head of the administration of the urban settlement) and acted in his interests, receiving remuneration from the amounts received.

The investigative authorities recognized D. as an official due to the fact that the head of the hostels, by virtue of his job description, “controls the work of the hostel staff, checks in those arriving at the hostel, monitors the timeliness and correctness of registration of those who have moved in and the check-out of citizens leaving the hostel.”

However, the investigative authorities did not establish and did not indicate in the accusation against D. that these functions entailed any legal consequences for citizens. No such data was obtained during the judicial investigation.

According to the employment contract and job description, the head of the dormitory of a municipal unitary housing and communal services enterprise belongs to the category of technical performers in a certain area of ​​work and reports to the director of the enterprise and the head of the housing and communal services department.

In essence, D.'s charges outlined the technical functions that she performed, and not the functions of an official.

In accordance with Part 4 of Art. 34 of the Criminal Code of the Russian Federation, a person who is not the subject of a crime specifically specified in the relevant article of the Special Part of the Criminal Code of the Russian Federation, who participated in the commission of a crime provided for by this article, bears criminal liability for this crime as its organizer, instigator or accomplice.

The court did not reasonably recognize D. as a subject of official crime in the sense of paragraph 1 of the note to Art. 285 of the Criminal Code of the Russian Federation and qualified her actions under Part 5 of Art. 33 and part 3 of Art. 290 of the Criminal Code of the Russian Federation. (Review of judicial practice of the Supreme Court of the Russian Federation for the 1st quarter of 2009, determination N 87-O08-17). The time of transfer of the bribe - before or after the commission of an action (inaction) in the interests of the giver does not affect the qualification of the act. It also does not matter whether the specified actions (inaction) were preconditioned by a bribe or an agreement with an official to transfer a bribe for their commission (clause 8 of the Plenum Resolution No. 24 of 07/09/2013).

In this regard, the dismissal of an official (the person receiving commercial bribery) after performing actions in the interests of the briber (the person transferring illegal remuneration) and the receipt by this person of a bribe (commercial bribery) after dismissal from service does not prevent the said person from being brought to criminal liability under the relevant parts of Art. Art. 290 and 204 of the Criminal Code of the Russian Federation. So, Trufanov P.V. convicted of committing a crime under Part 3 of Art. 290 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 97-FZ dated May 4, 2011), i.e. for an official receiving a bribe for illegal actions. He, being the operational commissioner of the department for combating economic crimes in the consumer market, the financial and credit sector and the sphere of circulation of aquatic biological resources of the operational investigative part of the criminal line of the BEP at the Internal Affairs Directorate of the Arkhangelsk Region, when conducting an audit of financial transactions with the participation of an individual entrepreneur Voronin I.S. . Based on information received from Rosfinancemonitoring, I decided to personally receive I.S. from Voronin. a bribe in the form of money in a significant amount for committing illegal actions in the interests of the latter, namely for the illegal termination of an inspection carried out by him without taking all the required measures to identify possible economic crimes in the actions of Voronin I.S. During personal meetings with the latter in the period from June 11 to July 14, 2011, he agreed with him that in exchange for a bribe he would destroy the information received.

In this regard, in the period from July 14 to July 23, 2011, he took the received document out of his office and began to hide it at his place of residence. On July 23, 2011, he informed Voronin I.S. on the destruction of the document and termination of the inspection, demanding remuneration for the commission of these illegal actions.

In the period from August 26 to August 9, 2011, the convict agreed with I.S. Voronin. the amount of the bribe in the amount of 80,000 rubles and on August 10, 2011, having already been dismissed from service, having hidden this circumstance from the entrepreneur, he received from the latter a part of the bribe in the amount of 50,000 rubles for committing the above illegal actions, after which he was detained by law enforcement officers.

The court rejected the defense’s arguments that Trufanov P.V. is not the subject of a crime in connection with his dismissal from service on August 5, 2011, since an agreement on the transfer of a bribe was reached, and illegal actions in his service were committed while he was still an official. The time of transfer of the bribe (before or after the commission of an action (inaction) in the interests of the giver) does not affect the qualification of the act (Arkhangelsk Regional Court, case No. 2-34-2012). To be continued…

What actions are performed by the bribe taker?

Bribery of a public official is a serious crime. For the money received, the bribe-taker can perform various actions. These include:

• providing assistance if necessary to solve any complex problem;
• rapid advancement up the career ladder;
• providing the opportunity to exceed authority;
• getting rid of responsibility for exceeding official authority;
• providing other assistance.

If such a crime is detected, the offender is held accountable. If truly serious consequences of such a violation are revealed, imprisonment for a term of up to 15 years may be applied.

Concept of receiving a bribe

A bribe, in relation to criminal law, is an illegal remuneration received by officials for various actions, inactions associated with the exercise of their official powers. This is always a material benefit for its recipient, having a monetary value.

Thus, for liability under the Criminal Code, the remuneration must be:

• illegal;
• received by a person who meets the criteria specified in the law;
• received for actions or inactions related to the powers of the bribe-taker, or, based on his position, he could commit them or contribute to them.

In detail: What is the penalty for giving a bribe to an official?

Types of bribes

According to the Criminal Code of the Russian Federation, a bribe can be presented in the following forms:

• an overt bribe involves the transfer of value or money to another person immediately after an agreement has been reached or a verbal agreement has been entered into;
• a veiled bribe is usually not expressed in the direct transfer of an item or funds, so it may simply reduce the interest rate or sell goods at a significant discount.

A veiled bribe is considered the most difficult to detect. With its help, criminal actions can be easily disguised. Thanks to it, criminals quite successfully hide the fact of transferring money or various valuables.

A bribe involves giving money to an official before he actually performs any action. A bribe-reward is issued only after the recipient of the valuables performs pre-agreed actions.

Types of veiled bribes

Such bribes are usually presented in the following varieties:

• sale of goods or antiques at a reduced cost;
• transfer of funds to the company for services not actually provided;
• reduction in rent for premises or equipment;
• falsifying the results of drawings or lotteries;
• forgiveness of large debts;
• payment for expensive treatment for a relative of the bribe recipient;
• provision of a fictitious insurance policy;
• transfer of information allowing access to a bank card or electronic wallet.

Representatives of law enforcement agencies are faced with the fact that it is quite difficult to identify a veiled bribe.

Types of bribes by size

In terms of size, a bribe to an official can be presented in the following types:

• significant amount exceeding 25 thousand rubles;
• large size, starting from 250 thousand rubles;
• especially large, when an amount of 1 million rubles or more is transferred.

In each situation, the punishment is assigned by the court. To do this, all the circumstances of a particular case are assessed. What amount is considered a bribe? The Criminal Code does not contain information about the amount of money at which a criminal case can be opened. The decision to initiate criminal proceedings is made by the judge. Usually such cases are not considered within the Criminal Code when transferring an amount less than 3 thousand rubles.

If material value is transferred, then the provisions of Art. 575 Civil Code. It states here that if any item is transferred whose value is less than 3 thousand rubles, then it can be a gift. What gift is not considered a bribe? It is impossible to initiate a criminal case if the price of such a gift is less than 3 thousand rubles. In other situations, both participants in the process may be held criminally liable.

Provocations of law enforcement officers

The Criminal Code does not establish specific liability for the actions of law enforcement officers that provoke an official to accept a bribe.

These actions are committed in violation of the rules and procedures for implementing operational investigative activities (ORM), aimed at establishing and consolidating facts of criminal behavior, clearly stated in the Federal Law “On Operational Investigative Activities.”

This is the transfer of a bribe with the consent of an official, when it was achieved as a result of inducing him to receive a “bribe” in a situation that suggests that if the authorities had not intervened, the intent to commit this act would not have arisen, and no one would have committed.

These conditions exclude criminal liability due to the fact that the actions of the “bribe taker” do not constitute a crime.

This practice of our courts was formed, including taking into account the opinion of the European Court of Human Rights (ECtHR), which considered complaints from citizens of the Russian Federation about unfounded criminal prosecution, contrary to the rules of law, when one of the main evidence of guilt was precisely the results of the operational investigation, as well as in the vast majority of such criminal cases.

A number of decisions of the ECHR are interesting in this regard, in particular in the case “Nosko and Nefedov v. the Russian Federation” dated October 30, 2014.

Responsibility for giving a bribe

Any official must understand what is considered a bribe under the law. Only in this case can he protect himself from criminal liability. Basic information about what liability is provided for such a violation is given in Article 291 of the Criminal Code. Here are the penalties for people and companies who pay bribes. The exact punishment is chosen directly by the court, for which the following options are taken into account:

• simple bribe: fine from 5 to 30 thousand rubles, imprisonment for up to 2 years, ban on holding any position for three years;
• transfer of a significant amount: a fine of 10 to 40 thousand rubles, a prison term of 5 years and a ban on working in a certain position for 3 years;
• a large bribe or the participation of a group of people: a fine of 60 to 80 thousand rubles, imprisonment for a term of 7 to 12 years, as well as the inability to get a job in a high position for 7 years;
• receiving a bribe on an especially large scale: a fine of 70 to 90 thousand rubles, imprisonment for a term of 8 to 15 years, as well as deprivation of the right to occupy leadership positions for 10 years.

It is possible to avoid serious punishment if one of the parties to the transaction voluntarily surrenders to the police and also provides all the information that allows solving such a crime. Additionally, you can avoid punishment if it is proven that the money was extorted by an official.

Punishment is imposed on both parties to the transaction, so even the person who transfers his money is a criminal. He must know what is considered a bribe, as well as what consequences he may face for his actions.

Punishment for the bribe taker

Responsibility for receiving a so-called “bribe for legal actions ” in the amount of 10 thousand rubles, that is, for which the bribe-taker has authority, is provided for in Part 1 of Art. 290. It comes in the form of:

1. A fine in the amount of:
   up to 1 million rubles;
2. 10-50 times the bribe.
3. Correctional labor from one to two years.
4. Up to 5 years of forced labor.
5. Imprisonment up to 3 years.

Punishment for receiving a “bribe for legal actions ” in a significant amount (over 25 thousand rubles) will follow in accordance with Part 2 of the analyzed article. It can be:

1. Fine:
   200 thousand - 1 million rubles;
2. income for 0.5-2 years;
3. 30-60 times the bribe.
4. Up to 6 years in prison.

Receiving a bribe for illegal actions (inaction) is punishable under Part 3 of the article. For example, termination of a criminal case without grounds, concealment of a crime, return of rights before the expiration of the period of deprivation, etc. This may result in:

1. Fine:
   0.5-2 million rubles;
2. income for a period of 0.5 – 2 years;
3. 40-70 times the bribe.
4. Imprisonment 3-8 years.

Fourth part of Art. 290 establishes significantly stricter liability for acts in parts 1-3 committed by people replacing:

• public position of the Russian Federation established by the Constitution, federal constitutional and federal laws (positions of the Government, Federal Assembly, State Duma, ministers, Commissioners, some judges, etc.);
• a public position of a subject of the Russian Federation, established by the constitutions, charters of these regions for the implementation of the powers of government agencies (deputy heads, chairmen, legislative bodies, election commissions, their deputies and others);
• position of head of local government.

For this act they may be threatened:

1. Fine:
   1-3 million rubles;
2. income for 1-3 years;
3. 60-80 times the amount of the bribe received.
4. Imprisonment 5-10 years.

Another 1 block of circumstances aggravating the punishment is presented in Part 5 of Art. 290 . This is the commission of a crime provided for in parts 1,3 and 4:

• a group of persons by prior conspiracy or an organized group (clause “a”);
• with extortion of a bribe (item “b”);
• on a large scale over 150 thousand rubles. (item “c”)

Useful: What to do if someone asks for a bribe?

This crime may result in:

1. Fine:
   2-4 million rubles;
2. income for 2-4 years;
3. 70-90 times the bribe amount.
4. 7-12 years in prison.

The most severe punishment is imposed under Part 6 of Art. 290 for acts under parts 1, 3, 4 and points “a”, “b” of part 5 for receiving a bribe provided for by them in an especially large amount (more than a million rubles):

1. Fine:
   3-5 million rubles;
2. income for 3-5 years;
3. 80-100 times the bribe amount.
4. Imprisonment 8-15 years.

Additional punishment

Additional punishment is imposed at the discretion of the court:

• According to the first part of the article, deprivation of the right to hold office is applied with all types of punishment provided for, except for imprisonment, with which only a fine can be imposed.
• For all other parts of the article, deprivation of the right to hold office is applied with all types of basic punishment, and with deprivation of liberty an additional fine may be imposed.

With deprivation of liberty, both types of additional measures can be applied at once. punishments. Taking into account all the circumstances and the identity of the perpetrator, the court may not impose any additional punishment at all.

Severity and duration

Crimes under Art. 290 of the Criminal Code of the Russian Federation belong to different categories of severity and, accordingly, have different statutes of limitations for bringing them to criminal responsibility, calculated from the date of the crime.

Upon expiration of these periods, the bribe-taker will not be punished for his deeds, unless their course was suspended in cases provided for by law.

Responsibility for state or municipal employees

Article 290 of the Criminal Code of the Russian Federation contains information about what penalties can be applied to officials working in state or municipal organizations, as well as taking bribes from citizens or company representatives. Funds can be transferred personally or through other people.

More stringent penalties are provided for such bribe takers. They are given in Article 290 of the Criminal Code of the Russian Federation. For a particularly large bribe, officials pay a fine of up to 100 thousand rubles, and the term of imprisonment for them can be 15 years. They lose the right to hold such positions for 15 years.

Article 290. Receiving a bribe

Article 290. Receiving a bribe

[Criminal Code] [Special Part] [Section X] [Chapter 30]
. 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 an official person is transferred to another individual or legal entity) for committing actions (inaction) in favor of the bribe-giver or persons represented by him, if these actions (inaction) are within the official powers of the official or if, by virtue of his official position, he can contribute to these actions (inaction), and equally 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.

. 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 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 or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

. Reception 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.

. 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.

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

• a) by a group of persons by prior conspiracy or an organized group;
• b) with extortion of a bribe;
• 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 of time up to ten years or imprisonment for a term of seven to twelve years with a fine 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.

. 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 of time 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, Articles 291 and 291.1 of this Code, a significant amount of a bribe is recognized as an amount of money, the cost 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 fifty thousand rubles, especially large bribes - exceeding one million rubles.

. A foreign official in this article, articles 291, 291.1 and 304 of this 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 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.

What aggravating circumstances are taken into account?

All people holding any leadership positions in different companies or government agencies should be aware of what is considered a bribe, as well as what the maximum punishment can be imposed by the court. The judge must evaluate all the circumstances of a particular case to determine the most optimal punishment. Aggravating circumstances include:

• receipt of funds not by one official, but by several persons;
• the recipient of the money extorted funds;
• the transferred amount is more than 1 million rubles;
• the official occupies a leadership position in the administration of a region.

Is thanking a doctor considered a bribe? If it is represented by a sum of money, then it is a bribe. If any material value is transferred, the value of which does not exceed 3 thousand rubles, then such gratitude is considered as a gift.

Additionally, there may be mitigating circumstances. They allow you to slightly reduce the level of responsibility for such a crime. This includes assistance in the investigation or voluntary compensation for the damage caused.

What to do if a bribe is extorted?

According to the Criminal Code of the Russian Federation, bribery is a truly significant crime. Violators include both people who give money to officials and recipients of money. If a person or company representative is faced with the fact that he is extorting funds from a person holding a high position in a government agency, then he must initially prepare evidence. For this purpose, audio recordings or video recordings are used.

To bring the criminal to justice, you must write a statement to the police, FSB or prosecutor's office. Further instructions will be received from the Ministry of Internal Affairs.