Commercial bribery: problems of criminalization

Markov V. P., Khasnutdinov R. R.

the Adoption by the State Duma of the Russian Federation in 2016 of a draft law initiated by the President of the Russian Federation contributed to significant changes in criminal legislation aimed at fighting corruption in the country. Changes in criminal legislation have changed approaches to law enforcement in cases of commercial bribery. However, modern legal norms do not cover all the variety of problems of law enforcement practice. Commercial bribery is defined by law as the illegal receipt of funds for the illegal achievement of one's goals. In theory and practice, it is always considered as a preliminary action performed by a representative of a commercial structure. Commercial bribery is characterized by signs of bribery and embezzlement of budget funds. In the course of this offense, the normal competitiveness of the business environment and activities is violated. It is established that there is no unified approach to the qualification of commercial bribery. At the same time, only administrative liability is provided for the Commission of commercial bribery on behalf of a legal entity. In addition, there is the problem of qualifying a commercial approach involving extortion. In the process of investigating crimes related to commercial bribery, additional circumstances excluding criminal liability are not always taken into account.

Keywords:corruption, commercial bribery, bribery, kickback, kickback.