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Tuesday, March 13, 2018

In Russia established a new framework corruption

The President proposed to improve the criminal code for “increasing the effectiveness of anti-bribery”. Petty bribe-takers and bribe-givers will allocate in a separate category, and for aiding and abetting commercial bribery impose criminal liability. Experts believe that the breakthrough in the fight against corruption, the overall positive innovations can not provide.

photo: Alex geldings

The bill was prepared after the January meeting of the Council for countering corruption. “Corruption” formulations of the Criminal code is proposed to be subjected to substantial revision, at the same time supplementing the code of the three articles, the punishment for “mediation in commercial bribery”, “small commercial bribery” and “petty corruption”.

“Small” would be considered a crime of corruption totalling less than 10 thousand rubles. In 2012-2015 the vast majority of criminal cases on the fact of commercial bribery, the bribery figure is such amounts, reminiscent of the explanatory note. “Given the small public danger of such crimes and taking into account necessity of realization of principle of equity in sentencing” the President thinks is right for the small commercial bribery and petty bribery (receiving a bribe or giving a bribe, personally or through an intermediary) to punish softer: a fine of up to two hundred thousand roubles, either corrective works, or restriction of liberty or deprivation of liberty for a term up to one year. The ban on the profession in the list of possible punishments no, the upper limit of the possible fine was reduced substantially…

But for repeat offenders who already have convictions for these crimes are provided the same as now: a fine of up to 1 million rubles or imprisonment for up to 3 years. This will be a preventive measure for re-committing small commercial bribery and petty bribery”, — said the President.

At the same time in the articles of the criminal code, which refers to commercial bribery, bribery of athletes, referees or the organizers and participants of spectacular commercial competitions, and also on bribes, will be significant additions. They will be considered a crime such cases, when directed by the bribe-taker “of the property transferred, or services of property character are, or property rights are granted to another natural or legal person” — a relative, friend or company registered in their name in Russia or offshore. Russia thus meets the requirements of the Convention of the Organization for economic cooperation and development (OECD).

The bill revises enshrined in the criminal code in 2011, under President Medvedev, the principle purpose for corruption offences penalties, multiple to the bribe or the bribe. In some “corrupt” articles of the criminal code currently there are no fines, calculated in absolute terms, and “lack of variation”, according to President Putin, does not take account of the particular circumstances and the financial situation of the convicted person. As a result, the courts appoint a disproportionately large fines to citizens who “obviously have no real opportunity” to pay them, and the bailiffs then turn to the courts with a request to replace a giant of the fine to imprisonment.

The President proposes to give the court the opportunity to issue fines in absolute values. For example, in the first part of article 204 (Commercial bribery), which now promises a fine equal to ten- —pyatidesyatiletnie the amount of the bribe, the alternative will be a fine in the amount up to 400 thousand rubles.

Zam.the General Director of “transparency international” in Russia Ilya Shumanov in conversation with “MK” estimated contained in the bill innovations as “with a plus sign from a formal, technical point of view, but are unable to provide a breakthrough in the fight against corruption”. “Global changes in quantitative or qualitative aspect, I’m not waiting — just people who are now prosecuted by the same articles of the criminal code, will be involved as others,” he explained: in particular, after the appearance of the new article punishes intermediation commercial bribery, those who are now involved under article “Fraud”, go for it.

If you look at the statistics of the Judicial Department of the Supreme court, it is possible to detect that the number of convictions for corruption offences in recent years is growing (from 8607 people in 2013 to 11 499 employees in 2015). But the vast majority punished for giving bribes, not receiving: 5216 vs 1702 in 2015. It’s hard to say, will the revised wording of the criminal code to change the situation.

By the way, for three years (2013 through 2015) for the unlawful obtaining of money or property for the bribery has not been convicted of any one athlete, referee, or organizer (participant) spectacular commercial competition.

“This does not mean that bribery in sport or show business,” — said the head of the Duma Committee on legislation Pavel Krasheninnikov (“ER”), who in conversation with “MK” appreciated the President’s initiative positively and believes that it is likely to be adopted by the state Duma in June, before the end of the spring session.

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