ON THE ISSUE OF EXEMPTION FROM PUNISHMENT OF THE BRIBE-TAKER

Trufanova Elizaveta Gennadievna, Fomenko Elena Vladimirovna

The article examines the possibility of applying incentive norms in the form of exemption from punishment in relation to the subject of receiving a bribe in domestic criminal legislation. The proposal is justified taking into account the analysis of the application of such measures against bribe recipients in other countries. In the context of the study, the conditions for the application of measures of exemption from criminal liability of a bribe-giver and an intermediary in bribery are considered. The problem of the absence of incentive norms for the bribe-taker in the Russian criminal legislation is outlined. Based on the analysis of the criminal legislation of Estonia, the Model Criminal Code of the CIS countries and the Criminal Code of the Russian Federation, as well as the provisions of the doctrine of criminal law, a version of the note to Article 290 of the Criminal Code of the Russian Federation is proposed. The paper argues for the need to introduce a note to Article 290 of the Criminal Code of the Russian Federation containing the conditions of release from punishment in relation to the subject of receiving a bribe.

Keywords:Bribery, conditions of exemption from criminal punishment of the bribe recipient, extortion of a bribe