○ What is considered a bribe, the concept of a bribe.
According to the provisions of the Criminal Code, a bribe is understood as the receipt by an official of any state or municipal body (the bribe-taker) of remuneration in the form of funds, valuables, material goods or the provision of services for the performance of specified actions or refusal to perform them (inaction) in favor of the person who provides this reward (the bribe giver).
The action or inaction performed for this remuneration must necessarily be within the official competence of the official, and may also consist of patronage or connivance in the service, as well as in providing assistance in resolving other issues that are not within the competence of the bribe taker, but in making decisions on which he may influence.
✔ What amounts are considered a bribe?
Punishment under the Criminal Code of the Russian Federation directly depends on the size of the bribe and a number of circumstances, for example, whether the bribe was a payment for illegal actions or was a kind of “gratitude” for the performance of one’s duties by an official.
Bribes are also distinguished by their amount, which is of particular importance for the qualification of the crime. The amount of a bribe is determined in rubles not only when it is given or received in the form of cash or payments to an account, but also when securities, material assets are transferred to the bribe recipient, or services are provided. The Criminal Code of the Russian Federation (note to Article 290, also valid for other “corruption” articles) distinguishes:
- Bribes in a significant amount, i.e. exceeding 25 thousand rubles.
- Bribes on a large scale, i.e. more than 150 thousand rubles.
- Bribes on an especially large scale, i.e. exceeding 1 million rubles.
Contrary to a common misconception in disputes about what amount is a bribe , there is no minimum amount of a bribe in the legislation - in fact, any amount can be considered a bribe if the bribe is given in the form of money. The investigation or the court has the right to terminate the criminal prosecution due to its insignificance, when the bribe, for example, does not exceed 500 rubles, but in practice such cases are extremely rare.
The situation is a little different with material goods and values. Art. 575 of the Civil Code of the Russian Federation establishes a direct ban on donating various valuables to officials in connection with the performance of their assigned duties, excluding ordinary gifts. Ordinary gifts are understood as items and valuables whose price does not exceed 3,000 rubles.
The history of Russia is directly related to many corruption abuses dating back to the times of Tsarist Russia. Even the famous guardsman of Tsar Ivan the Terrible, Malyuta Skuratov, was seen in regular attempts to extort citizens who came under his orders from the Detective Affairs. Punishment, however, did not befall him - he died during the Livonian War, while in those same years the tsar's servants who stole were punished very severely - their heads were cut off from their shoulders.
The famous “friend and lover” of Catherine II, Grigory Potemkin, was seen in a number of different corruption rewards, taking them from almost everyone - including foreign nationals. Despite regular investigations, thanks to the empress’s favor, Potemkin remained in status and even distinguished himself during the annexation of Crimea.
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What amount is not a bribe?
290 and 291 respectively. An analysis of all 3 norms shows that the separation of petty bribery as a separate offense is nothing more than the humanization of the criminal law. In particular, in contrast to Art. 290 and 291, sanction art. 291.2
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Important
The Criminal Code of the Russian Federation does not provide for a fine equal to the amount of the bribe as an additional punishment. In addition, these articles also differ significantly in the amount of fines established as the main punishment:
1 tbsp. 290 of the Criminal Code of the Russian Federation - up to 1,000,000 rubles;
- Part 1 Art. 291 of the Criminal Code of the Russian Federation - up to 500,000 rubles;
- Part 1 Art.
What amount of money is not a bribe?
bribe on a large scale; More than 1,000,000 rub.
bribe on an especially large scale. The fact that this is a bribe still needs to be proven. By law, any amount that meets certain conditions is a bribe.
However, if: You give money dedicated to a certain date. The amount (or the equivalent in commodity terms) is less than 5,000 rubles. Then this is a gift and there is nothing to attract you for.
What amount of money is not a bribe?
Bribe or gift? An issue that can be resolved by referring to the legislation of the Russian Federation.
However, if: You give money dedicated to a certain date. The amount (or the equivalent in commodity terms) is less than 5,000 rubles. Then this is a gift and there is nothing to attract you for. The most important thing is that all these three conditions are met - and everything will work out for you :). If a person had a critical situation and there were no other legal ways to solve it, or there was coercion, then he is not considered a bribe-taker.
About what amount is considered a bribe or at what amount does a bribe start and not a gift? As far as I know, an amount less than 5 minimum wages is not considered a bribe. A friend at work, the police officers came to check and said that anything up to 5,000 rubles is not punishable (gratitude).
Read more in the Resolutions of the Plenum of the Supreme Court of the Russian Federation. Criminal liability occurs in any case, even if you receive 1 kopeck, but provided that it is a BRIBE. There is the following prohibition: Article 575 of the Civil Code of the Russian Federation.
Prohibition of donation Donation is not allowed, with the exception of ordinary gifts, the value of which does not exceed five minimum wages established by law: 1) on behalf of minors and citizens recognized as incapacitated by their legal representatives; 2) employees of medical, educational institutions, social protection institutions and other similar institutions, citizens receiving treatment, maintenance or education there, spouses and relatives of these citizens;
○ Giving a bribe: article of the Criminal Code of the Russian Federation.
Giving a bribe to officials (including foreign officials) is prohibited by the Criminal Code of the Russian Federation and liability for this act is prescribed in Art. 291 of the Criminal Code of the Russian Federation. In this case, liability occurs regardless of the method of transferring the bribe - it can be either personal contact with the bribe recipient or the transfer of illegal remuneration through third parties (intermediaries).
✔ Responsibility and punishment for giving a bribe.
According to the sanctions of Part 1 of Art. 291 of the Criminal Code of the Russian Federation, a simple bribe that does not have signs of significance or large size is punishable by a fine of 15 to 30 times the amount of the bribe or a prison term of up to 2 years with a simultaneous fine of no more than 10 times the amount of illegal remuneration. The sanctions for qualified types of this crime are presented in more detail in the table below:
Established in Part 3, the deliberate illegality of the actions for which a bribe is given implies that the bribe-giver understands and is aware of the illegality of the behavior that he demands from an official: a police officer, a doctor, a teacher, a government employee. institutions, etc.
Example 1: Citizen A., when visiting a doctor, asked to expedite his admission as a patient, supporting his request with a 1000-ruble bill. This act will be qualified under Part 1 of Art. 291 of the Criminal Code of the Russian Federation - that is, a “simple” bribe.
Example 2: Citizen B., having been stopped by a traffic police inspector for not fastening his seat belt and lack of MTPL insurance, offered the inspector for 1000 rubles “not to notice” these traffic violations and not to draw up a report. This act will be classified under Part 3 of Art. 291 of the Criminal Code of the Russian Federation – i.e. giving a bribe for obviously illegal actions of an official.
Example 3: Citizen Z. appealed to the head of the department of the military commissariat with a request to assist him in evading military service and offered to give him a deferment on grounds that did not actually exist. In exchange for assistance, the citizen offered 160,000 rubles. The act will be qualified under Part 4 of Art. 291 of the Criminal Code of the Russian Federation, since here there is a large amount of bribe and its giving for a knowingly illegal action of a military registration and enlistment office employee.
✔ How to avoid responsibility?
The footnote to the article under discussion states that the bribe-giver is exempt from liability if he meets one of the following conditions:
— Voluntarily reported giving a bribe to the police.
— Active assistance was provided in solving the crime.
— The official who received the bribe was extorting it and himself offered to commit this act.
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Groups of bribes by size
1) Bribe in the amount of more than 25,000 Russian rubles. It is defined as a bribe in a significant amount.
2) Bribe in the amount of more than 150,000 Russian rubles. It is defined as a bribe on a large scale.
3) Bribe in the amount of more than 1,000,000 Russian rubles. It is defined as a bribe on an especially large scale.
It is worth noting that the punishment for a bribe depends on its amount. If the amount of a bribe is less than 25,000 rubles, this does not mean that there is no punishment for it. They are simply not identified as a separate group in the Russian Criminal Code.
○ Receiving a bribe.
Responsibility for receiving a bribe is specified in Art. 290 of the Criminal Code of the Russian Federation. Receiving a bribe is the acceptance by an official of state or municipal bodies of all levels, as well as foreign organizations, of monetary or other forms of remuneration for performing any actions in favor of the bribe-giver. A bribe may not necessarily be expressed in a fixed amount or material assets; it can be services, guarantees or preferences in the service, assistance in resolving issues important to the bribe recipient. Both personal receipt of a bribe and its acceptance through third parties are punishable.
As in the case of giving a bribe, both action and inaction, or assistance in making a decision in favor of the person giving the bribe, can be rewarded, provided that this is within the official competence of the bribe recipient.
Responsibility for receiving a bribe and its differentiation depending on the characteristics and size of the “bribe” is clearly depicted in the table below:
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Options and types of bribes
As a rule, bribery in the form of money occurs with small bribes. And in such cases, the bribe-taker is often caught red-handed. But to make it difficult to catch extortionists for a bribe, a wide variety of options are used. Especially if we are talking about a very significant reward.
1) Money is transferred to the account of an affiliated company of the bribe-taker, allegedly for services that were not actually provided.
2) A company registered to an affiliate of the bribe-taker is given a contract on very favorable terms.
3) Relatives and other close people of the bribe recipient are paid for treatment or education abroad.
4) The bribe recipient is given an access code to the electronic wallet.
5) The bribe-giver arranges a concert in honor of the bribe-taker’s birthday with the participation of Russian and foreign pop stars.
6) Transfer of antique valuables to the bribe taker.
7) The bribe-taker offers the bribe-giver to buy something from him (usually antiques or precious things) at a more than inflated price.
The bribe recipient is given payment cards or certificates for the purchase of something.
9) The bribe-giver pays for the bribe-taker’s vacation (buys him a ticket or tour).
A fairly common type of bribe in Russia is the so-called “kickback”. In this case, when choosing a company that supplies products or services, the bribe-taker chooses a specific company and receives a reward for this.
○ What is the liability for complicity in receiving and giving a bribe?
As part of the active fight against corruption, Art. 291.1 of the Criminal Code of the Russian Federation, which punishes the provision of intermediary services in the commission of corruption crimes. This can be either directly transferring a bribe, or providing assistance to the bribe giver or bribe recipient in the execution of a criminal plan. Due to the fact that it is intermediary actions that allow corrupt officials to evade responsibility by covering their tracks and insuring themselves from possible problems, punishment under Art. 291.1 of the Criminal Code of the Russian Federation, as well as directly under “bribery” articles, is also established in the form of fines, multiples of the amount of the bribe, the mediation of the receipt or transfer of which was an accomplice.
At the same time, as in Art. 290 and 291 of the Criminal Code of the Russian Federation, mediation in bribery for the execution of actions that are obviously contrary to the law is punished more severely, reaching fines in the amount of 60 times the amount of the bribe or a prison term of up to 7 years.
Promising assistance in transferring or receiving a bribe, when the person actually had the opportunity to fulfill his communication, is also punishable. Deception, that is, misleading the bribe giver or bribe recipient about their connections and capabilities cannot be qualified under Art. 291.1 – most often such actions fall under fraud.
The law allows intermediaries to avoid liability provided that they voluntarily report to law enforcement agencies the fact of giving or receiving a bribe, and also provide maximum assistance in solving the crime.
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○ Provocation of a bribe.
Protecting the interests of conscientious officials who have not yet been swallowed up by widespread corruption, the Criminal Law, Article 304 of the Criminal Code of the Russian Federation, punishes persons who provoke a bribe - that is, who transfer funds or other things that fall under the definition of a bribe to an official without his consent or by doing so in order to denigrate him, to create a false impression of the crime he allegedly committed.
It is important that the official must not agree to receive a bribe and must refuse the provocateur to fulfill his request. Money may be placed on the table, in documents or thrust into the pocket of an official, but he must not perform any actions that even indirectly indicate consent to this. Provocation of a bribe entails liability in the form of a prison term of up to 5 years, or a fine of up to 200 thousand rubles.
How to avoid becoming a victim of bribery provocation if you are an official? Just don't take bribes! Any attempts at bribery should be reported to your superiors immediately, as required by job descriptions and the law.
Example: Citizen A., having received repeated refusal from the traffic police inspector to return his driver’s license and not draw up a report, put 15 thousand rubles in three 5 thousand bills on the seat and left the inspector’s car, inviting him to think, while he himself called the hotline police line and reported bribery. At the same time, the traffic police inspector notified his management about the attempt to give a bribe. As a result, the actions of citizen A. were qualified under Art. 304 of the Criminal Code of the Russian Federation, since its goal was to create artificial signs of a crime and money was transferred to them without the consent of the inspector.
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How many rubles does the bribe charge start from?
The action or inaction performed for this remuneration must necessarily be within the official competence of the official, and may also consist of patronage or connivance in the service, as well as in providing assistance in resolving other issues that are not within the competence of the bribe taker, but in making decisions on which he may influence.
✔ What amounts are considered a bribe? Punishment under the Criminal Code of the Russian Federation directly depends on the size of the bribe and a number of circumstances, for example, whether the bribe was a payment for illegal actions or was a kind of “gratitude” for the performance of one’s duties by an official. Bribes are also distinguished by their amount, which is of particular importance for the qualification of the crime.
In relation to judges, heads of municipalities, governors, deputies - to the investigative committee or the FSB. 3. Follow the instructions of the operatives.
Important: be sure to remember what is considered a bribe - after all, for a box of chocolates or a bottle of average-priced alcohol, it is enough to contact the official’s senior management, since it will be problematic to prove the criminal nature of a bribe for such a modest reward.
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[ Return ] ○ What to do if you are accused of giving a bribe? If you come to the attention of law enforcement agencies on charges of giving a bribe, the first thing you should do, regardless of the circumstances of the incident, is to enlist the help of a lawyer - with legal assistance you will be reliably protected from abuse, false accusations and arbitrariness.
As an additional punishment to fines and imprisonment, the servants of Themis have the right to impose on the culprit a three-year ban on his right to hold certain positions or carry out any type of activity. How much is a bribe? 00 00 07 - is everything accurate? - yeah, - how much.
- 75! 00 00 29 first where do I go with these documents... There will be a third group... they can take it from you later. Next time, for 150 thousand rubles, she offers to apply for permanent disability. A bribe is how much the Supreme Court of the Russian Federation has prepared a draft resolution on bribery and corruption.
The document explains in detail what can be considered, who to punish for kickbacks, and why lending money to just anyone will be dangerous.
Protecting the interests of conscientious officials who have not yet been swallowed up by widespread corruption, the Criminal Law, Article 304 of the Criminal Code of the Russian Federation, punishes persons who provoke a bribe - that is, who transfer funds or other things that fall under the definition of a bribe to an official without his consent or by doing so in order to denigrate him, to create a false impression of the crime he allegedly committed.
It is important that the official must not agree to receive a bribe and must refuse the provocateur to fulfill his request. Money may be placed on the table, in documents or thrust into the pocket of an official, but he must not perform any actions that even indirectly indicate consent to this. Provocation of a bribe entails liability in the form of a prison term of up to 5 years, or a fine of up to 200 thousand rubles.
A bribe in a significant, large and especially large amount - this is how much Petty bribery A bribe of what amount is considered criminally punishable in 2021 A bribe in a significant, large and especially large amount - this is how much Liability under Art.
290 and 291
Attention
The Criminal Code of the Russian Federation (receiving and giving a bribe, respectively) applies for accepting/giving a bribe in the amount of 10,000 rubles or more.
Anything below this limit is qualified as petty bribery under Art. 291.2 of the Criminal Code of the Russian Federation. Read about what a bribe is in the article Bribe to an official - what is the article under the Criminal Code of the Russian Federation?. The answer to the question of what amount a bribe is made in a certain amount is contained in Note 1 to Art. 290 of the Criminal Code of the Russian Federation:
- significant amount of bribe - over 25,000 rubles;
- large - over 150,000 rubles;
- especially large - over 1,000,000 rubles.
The types of punishments for giving bribes of various categories are presented in the table: The main punishment is a fine in an amount that is a multiple of the bribe. Imprisonment. An additional punishment is a fine that is a multiple of the bribe. A ban on holding a certain position or deprivation of a special right. A simple bribe (Part 1 of Art.
290 of the Criminal Code of the Russian Federation) 10x-15x Up to 3 years 10x-20x Up to 3 years Bribe in a significant amount (Part 2 of Article 290 of the Criminal Code of the Russian Federation) 30x-60x Up to 6 years Up to 30x Up to 3 years Bribe for obviously illegal actions (Part 3 Art. 290 of the Criminal Code of the Russian Federation) 40x-70x From 3 to 8 years Up to 40x Up to 5 years A bribe was received by a person in the public service (Part.
4 tbsp.
articles ○ Part 1. What is considered a bribe, the concept of a bribe.
✔ What amounts are considered a bribe? ○ Part 2. Giving a bribe: article of the Criminal Code of the Russian Federation.✔ Responsibility and punishment for giving a bribe.✔ How to avoid responsibility? ○ Part 3.
https://www.youtube.com/watch?v=Uiq9VOgtnu0
Receiving a bribe. ○ Part 4. What is the liability for complicity in receiving and giving a bribe? ○ Part 5.
Provocation of a bribe. ○ Part 6. How to distinguish a bribe from commercial bribery? ○ Part 7.
What to do if you are accused of giving a bribe? ○ Part 9. What to do if you are accused of receiving (extorting) a bribe? ○ Part 10.: 45 million / An official demands a bribe / Werewolves in uniform / Bribes at school The problem of corruption in modern Russia today is especially acute.
What amount is considered a bribe in Russia 2021 What amount is considered a bribe in Russia 2021 The Supreme Court allowed mitigation of punishment for bribes If the victims were relatives of the criminal, the sentence remains in force. The Ministry of Internal Affairs did not support the initiative of the head of the Investigative Committee of Russia, Alexander Bastrykin, to introduce criminal liability for not allowing an ambulance to pass.
in large size - 5.
○ How to distinguish a bribe from commercial bribery?
Commercial bribery refers to the receipt of money or material assets by a person working in a commercial organization and having managerial authority in exchange for performing some action in favor of the person offering the reward.
The main difference between a bribe and commercial bribery: a bribe can only be given to an official working for state or municipal bodies, while bribery can only be committed in the commercial sphere.
Responsibility for commercial bribery, both for receiving and for committing it, is spelled out in Art. 204 of the Criminal Code of the Russian Federation. The conditions for exemption from liability are similar to bribery - voluntary surrender to the authorities and assistance in the investigation of the case.
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○ What to do if a bribe is extorted?
In modern life, extortion of a bribe happens all the time: today a traffic police officer hints at a “solution to the problem”, tomorrow a teacher at school asks us to “help with difficulties”, the day after tomorrow we will have to put 1000 rubles in the doctor’s pocket in response to his “there are no places, but you can” try to resolve the issue."
Remember that the official must make a direct demand or clearly hinting verbal expressions (we can discuss, we can agree on what we will do with you, etc.) about the possibility of solving your problem for a bribe. A refusal to perform any action required by law cannot be considered an extortion of a bribe, even if you have heard somewhere that you need to “give it to your paw.”
✔ What to do in cases when you are clearly extorted for a bribe?
1. Be sure to prepare for the conversation, arm yourself with a voice recorder (which under no circumstances should be shown to the extortionist) and go to an appointment with the corrupt official. Having received an offer to “resolve the issue,” promise to think about it, or, supposedly, go for the money, and prepare a response yourself. If you are already “armed” with audio recording devices, try to force the official to directly state your demands: clarify, bargain, name other amounts - it is important that the fact of extortion is clearly visible from the conversation!
2. Contact law enforcement agencies, depending on the status and position of the person extorting a bribe:
- In relation to police officers - to the internal security service of the regional police department, to the investigative committee or to the FSB.
— In relation to officials of state and municipal organizations (doctors, teachers, civil servants) – to the police or prosecutor’s office.
- In relation to judges, heads of municipalities, governors, deputies - to the investigative committee or the FSB.
3. Follow the instructions of the operatives.
Important: be sure to remember what is considered a bribe - after all, for a box of chocolates or a bottle of average-priced alcohol, it is enough to contact the official’s senior management, since it will be problematic to prove the criminal nature of a bribe for such a modest reward.
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What to do if you are extorted for a bribe?
If you find yourself in a similar situation, namely, if you are extorted for a bribe, then the first thing you can do is calmly listen to the extortionist. You shouldn’t get into arguments with him, shout, and even less rush into a fight. Try to arrange another meeting with the extortionist, citing urgent work, illness, etc.
With or without a recording, you can contact law enforcement. If you do not have the goal of bringing the extortionist to criminal liability, then you can file a complaint with his immediate management.
Of course, the decision to give a bribe is up to you. However, before you decide to take such a step, take the time to carefully read this article or at least look at the Criminal Code. Perhaps the information you received regarding the amount of fines and terms of imprisonment for giving a bribe or receiving a bribe to a traffic police officer, doctor, official, teacher, traffic police inspector, traffic police officer, punishment for a bribe under the Criminal Code of the Russian Federation to an official, a traffic cop, will sober you up and you will not You will risk your life for some insignificant benefits.
○ What to do if you are accused of giving a bribe?
If you come to the attention of law enforcement agencies on charges of giving a bribe, the first thing you should do, regardless of the circumstances of the incident, is to enlist the help of a lawyer - with legal assistance you will be reliably protected from abuse, false accusations and arbitrariness.
In cases where you actually gave a bribe to an official for committing a deliberately illegal act and the bribe was given on your initiative, all that remains is to provide maximum assistance to the investigation, admit guilt and hope for a reduction in punishment.
When, in your opinion, there was extortion of a bribe by an official, it is necessary to prove this at any cost - with witness testimony, audio-video recordings, testimony and explanations.
Remember that charges of bribery can only be brought by law enforcement agencies according to their competence. Unsubstantiated statements, for example by an opponent in a dispute in court, that you gave a bribe to someone are void and can be punished under the article “Slander”.
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