TOPICAL ISSUES OF QUALIFICATION OF THE OBJECTIVE SIDE OF THE CRIME OF "TAKING A BRIBE" FOR GENERAL PATRONAGE OR CONNIVANCE IN THE SERVICE

Fomenko Elena Vladimirovna, Trufanova Elizaveta Gennadievna

The article examines topical issues of qualification of the objective side of the crime of receiving a bribe for general patronage or connivance in the service. The problems of interpretation of these issues in the resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 "On judicial practice in cases of bribery and other corruption crimes" are shown. A large place in the work is occupied by the consideration of the difference between the objective side of receiving a bribe for connivance in the service and receiving a bribe for illegal actions (inaction). The problem of inaccurate definition of the phrase "in the service" in relation to the actions of the bribe-giver and the degree of probability of the official committing acts "paid" by a bribe in the service is considered. Analyzing judicial practice and the current criminal law, the author's version of the definition of the relationship "in the service" is proposed. The work reveals in detail the essence of the objective side of the crime of "taking a bribe" for general patronage or connivance in the service, analyzes the legislative framework, judicial practice and scientific literature on the issue under study.

Keywords:General patronage and connivance in the service, illegal actions (inaction), the bribe-giver, the bribe-taker, giving a bribe for the future, receiving a bribe.