Legal encyclopedia. Letter B

CORRUPT PRACTICES

- a collective term that covers two independent composition of malfeasance against state power, interests

Public service and service in local government - receiving bribes and giving bribes.

The receipt of a bribe is defined as the receipt, in person or through an intermediary, of a bribe in the form of money, securities, other property or benefits of a property nature for actions (inaction) in favor of the bribe-taker or persons represented by him, if such actions (inaction) fall within the scope of official powers of an official A person or by virtue of his official position, can facilitate such actions (inaction), as well as general patronage or connivance in the service.

The generic object of the crime - the receipt of a bribe - can be defined as the aggregate of social relations that provide a normal and legitimate

Activity of government bodies. This crime encroaches on the functioning and prestige of public service bodies, on the interests of the civil service and on the activities (interests of service) of local self-government bodies, which constitutes a specific object of this type of encroachments.

The immediate object of this crime is the normal activities of public authorities, civil service and local government.

The objective side of receiving a bribe is to receive an illegal property compensation (bribe) for an offense in favor of the bribe-taker or his / her actions (inaction) with the use of his official position.

A necessary feature of this

The crime is its subject - a bribe in the form of money, securities, other property or property benefits.

For the presence of a corpus delicti, it is necessary for the briber and the official to realize that acts or omissions (including facilitating such actions, patronage and connivance) are committed by the latter for

A bribe.

Taking a bribe is a crime with a formal composition, i.e. It is recognized as completed after taking at least part of the bribe. In cases where a pre-determined bribe was not received by the bribe taker due to reasons beyond his control, the offense should be qualified as an attempt to obtain a bribe.

On the subjective side, the crime is characterized exclusively by direct intent, i. The perpetrator realizes that he is receiving an illegal property benefit for the commission of an action (inaction) or protection or connivance with the use of his official position in favor of the bribe-taker, and wishes to receive it. The intent of the bribe-taker also includes the awareness that the bribe-taker is aware of the illegality of the remuneration received by the official and that it turns out for actions (inaction) in favor of the bribe-taker with the use of guilt of his official position.

The subject of this crime are officials (special subject), which are recognized by persons, permanently, temporarily

Or by special authority exercising the functions of a representative of the authority or performing organizational-

Administrative, administrative-

Economic functions in state bodies, local self-government bodies, state and municipal institutions, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation.

Workers of state and municipal enterprises and organizations performing purely professional or technical duties are not subjects of crime. But if on them, along with the fulfillment of the above

Obligations are entrusted and the execution of organizational-administrative or

Administrative and economic functions, if they are violated, they may be held responsible for receiving a bribe.

Qualifying signs of bribe taking are:

1) receiving a bribe for illegal actions, i. An official for a bribe commits unlawful acts that are not a crime (extraordinary provision of an apartment, connivance in connection with

Admitted subordinate absenteeism, the appearance at work in a state of intoxication, etc.), or commits a criminal act;

2) receiving a bribe committed by a person holding a public office of the RF or a public position of a constituent entity of the Russian Federation, as well as the head of a local government body.

Generic and species objects completely coincide with similar signs of the bribe taking composition.

The objective side of giving a bribe is to transfer to the official in person or through an intermediary the subject of a bribe or in providing him with property benefits for the performance (or non-performance) of the latter in the interests of the bribe-taker of actions using his official position. The composition of this crime is formal, i.e. It is recognized as completed when the official accepts at least part of the material values, if the bribe is transferred in several receptions.

The subjective side of this crime is expressed only by direct intent. The perpetrator realizes that he transfers the benefit of a property character to an official for committing acts (inaction) in favor of the bribe-taker with

Use of official powers, and wishes to transfer an illegal remuneration to the bribe-taker to satisfy his interests.

The motives of this crime do not affect his qualifications. This may be the desire to satisfy one's interests, solve someone's issues illegally by taking bribes.

The subject of bribery may be any person who has reached the age of 16 years of age at the time of committing a crime.

The qualified types of giving bribes are:

1) giving a bribe to an official for committing them knowingly illegal actions, i. The person (the bribe-taker) bribes the bribe-taker for committing unlawful acts, which are a type of offense that does not constitute a crime;

2) the repetition of the giving of a bribe is similar in terms of the content of the repeated payment of a bribe.