Получение взятки (ст.290 of the Criminal Code of the Russian Federation) is considered as an illegal adoption by a subject personally or through an intermediary of material values or benefits from the services or rights provided to it. The guilty person is the official. Next, we consider in more detail the main provisions of Art. 290 of the Criminal Code of the Russian Federation in a new edition.
Sentences under Art.290 of the Criminal Code of the Russian Federation shall be imposed in the event of an unlawful taking by an official of financial assets, securities, other property, real rights, property-type services for the commission of certain actions or evasion of their execution. At the same time, these behavioral acts should be the responsibility of the official. Qualification of an unlawful act under Art. 290 of the Criminal Code of the Russian Federation will take place if the perpetrator of an unlawful remuneration provides condoning in the service or general patronage of the subject or other citizens named by him. As mentioned above, only an official can be guilty of accepting material values, rights or benefits from services. If an employee of a commercial organization or another company (institution, enterprise) acts as an entity that commits wrongdoing, he will be liable for accepting a bribe under section 204 of the Criminal Code (commercial bribery).
Bringing a person to responsibility under art.290 of the Criminal Code of the Russian Federation is carried out, if for illegal remuneration not only actions that are directly included in the authority of the perpetrator are performed. The punishment is also incurred by an official who, by virtue of his authority or official position, can influence or facilitate the commission of behavioral acts in favor of the subject or the citizens he represents.
The subject of a crime may beforeign official. They are any official (elected or appointed), performing activities in a judicial, administrative, executive or legislative body of a foreign state, performing a public function for him. The significant amount of illegal remuneration under Art. 290 of the Criminal Code of the Russian Federation is a sum of money, the value of property (securities including), services or real rights, the value of which is more than 25 thousand rubles. Large is considered the size of more than 150 thousand rubles, and especially large - more than 1 million rubles.
Art. 290, part 1 of the Criminal Code of the Russian Federation establishes the general corpus delicti and corresponding punishment. As punishment it is provided:
In the latter case, there may be additionalfined 10 or 20 times the amount of illegal remuneration. The first three penalties are accompanied by a ban for 3 years to perform certain activities or to remain in a particular post.
In this case, art. 290 of the Criminal Code establishes:
For accepting a bribe in such cases, officials, including foreign ones or acting on behalf of an international organization, are assigned:
For the acts established in ch. 1-3 of this article, committed by persons occupying the state. positions of the Russian Federation or a subject of Russia, as well as heads of local governments, provide for:
The acts established in the above parts of the article in question may be committed:
In these cases, provided for:
In both cases, the perpetrator will be banned fromfor three years to carry out activities determined by the court or to stay at specific posts. If imprisonment is imposed, an additional fine will be imputed in the form of a 60-fold amount of illegal remuneration.
When committing acts listed in Art. 290 of the Criminal Code of the Russian Federation, in especially large sizes it is established:
В некоторых случаях в качестве факта принятия Illegal remuneration may be the provision of benefits not directly to the official, but to his relatives. Qualify such an act under Art. 290 of the Criminal Code is possible in the presence of 2 conditions:
In the new edition of the article, it is described inthe quality of making illegal remuneration for the implementation of certain behavioral acts. The use of the official position of the guilty is considered in three aspects:
The first form is considered to be quite common in practice. This category may include:
Also in this group include, for example:
Promoting action / inactionconsidered as using his position in a broad sense. In this case, it is assumed that there are links with other officials who are not subordinate to the perpetrator, and the possibilities to influence them with authority.
Legal scholars note that the corpus delicti will be formed in the event that these actions will be clothed in specific illegal acts. They may be unreasonable as:
Connivance can be expressed in non-repression of violations, non-response to non-compliance with requirements (absenteeism, appearance in a state of intoxication, etc.).
Она характеризуется наличием вины и прямого intent. Bribe-takers realize that they accept illegal benefits for taking or not committing actions, patronage / connivance, aiding. The intent of the perpetrator also implies the realization that the subject providing the values or services knows that the reward is illegal. He understands that the benefits are offered for committing acts using his official position.
By its nature, accepting a bribe acts as one of the special types of abuse of the position for mercenary purposes. The danger of crime increases due to:
These actions, raising the risk of bribery,Do not need additional qualifications. The spread of such criminal acts in government forms a fertile ground for the development of corruption. This, in turn, undermines the authority of the authorities in the state, reduces the degree of public confidence in it.
