Corruption is a term that will be "sick" for any civilized civil society. We will analyze such offenses not from a moral, moral, but more from a "technical" point of view. Consider the types of corruption crimes, their characteristics, distinctive features. We determine which provisions of the Criminal Code impose liability for them.
Interpretation of the concept
Crimes of a corruption nature are a socially dangerous act, which is provided for by the Russian Criminal Code. It encroaches directly on the interests of the service and its authority, expressed in the unlawful receipt by a public, state or municipal employee or employee of a commercial (including international) organization of any advantages.
The latter may include a sum of money, tangible property, services, work, benefits, privileges, etc.
Legislative definition of the concept
The concept of "corruption" in the field of Russian legislation is based on the definition of the term by world legal acts:
- UN Convention against Corruption (the document was adopted in 2003).
- CoE Convention (abbreviation of the Council of Europe) on criminal liability for corruption (the document was adopted in 1999).
These acts contain a definition of corruption as well as bribery, abuse of authority, official bribery, etc.
If based on international documents, then corruption can be interpreted as follows: abuse of this power for profit, benefits both for personal purposes and in the interests of others. This includes numerous forms of appropriation of public property for personal unlawful use by an attacker.
International law refers to corruption crimes and the phenomenon of nepotism. Russian synonyms for him will be fraternity, nepotism, and so on.
Contributing factors to corruption
The purpose of corruption offenses is to illegally obtain any benefit, for yourself or for a third party. A combination of the following factors helps to achieve this attacker:
- The presence of some resource, access to which is open to the offender (or he can gain this access by criminally using his official status).
- The emergence of a motive for a crime, interest in criminal activity, another driving force that prompted an attacker or a criminal community to commit an offense.
Signs of action
Crimes of corruption are distinguished by a number of signs characteristic of this particular intent:
- The offender directly damages the authority of the service, organization, institution, enterprise whose employee it is. It can be a public structure - federal executive bodies, municipal government, public service, and non-public - commercial and other forms. In this case, any other offenses may cause indirect damage to authority.
- The unlawful, illegal nature of the appropriation by public servants (state, municipal, etc.), an employee of the commercial system of any advantages - money, services, benefits, material property.
- The use of his official authority, the provisions are not in the interests that are prescribed in the labor (or other equal to him) contract.
- A person who has committed one of the types of corruption crimes has the characteristics of a citizen described in Art. 201 and 285 of the Russian Criminal Code.
And now - statistics.
The most common types of offenses
Judicial practice on corruption crimes shows how popular some of their varieties are. The most common here are the following:
- Corrupt practices.
- Fraud.
- Official forgery.
- Exceeding one's official authority.
- Abuse of one's official status.
Classification according to the Federal Law "On anti-corruption policy"
The announced federal law proposes to divide the entire mass of such offenses into three large groups. Hence the types of corruption crimes are as follows:
- The acts that were committed with the aim of bribery - 10 items.
- Other crimes related to corruption - 22 items.
- Offenses that are considered directly related to corruption are 4 items.
Below we consider in detail each of the groups we have indicated.
Bribery offenses
What relates to this type of corruption crime, we have placed in the table. Next to the offense is an article of criminal law, which introduces a measure of responsibility on it.
| The essence of the crime | Criminal Code Article |
Coercion, bribery to testify (or to evade the provision of such information, its translation). For cases of such an action, it’s an expensive bribery | 309 |
| Provocation of commercial bribery (in other words, bribes) | 304 |
| Mediation in the process, the system of bribery, due to the official position of the attacker | 291 part 1 |
| Actually, giving a bribe | 291 |
| The person receiving a commercial bribery (bribe) | 290 |
| Organization of a criminal system, gang, community or other association of persons, participation in the activities of such a structure, the purpose of which is large-scale bribery, grave or especially grave corruption crime | 210 part 3 290, parts 2, 3, 4 291 part 2 309 part 4 |
| Commercial bribery of an official - public or non-public | 204 |
| Bribery of both participants and the organizing staff of spectacular commercial competitions, competitions in the field of professional sports | 184 |
| The following types of crimes are classified as corruption: the illegal provision and receipt of information containing banking and commercial secrets, which was "rewarded" by a bribe | 183 |
| Obstruction by bribing a citizen to exercise his voting rights during the election commission | 141 |
We continue to analyze the concept and types of corruption crimes. We pass to the most common group.
Other offenses
Everything about the concept and types of corruption crimes of this category is also for convenience placed in the table.
| Content of the offense | Related article of the Criminal Code |
| Fact of negligence | 293 |
| Forgery Fact | 292 |
| Illegal employment in activities related to business | 298 |
| Assignment by the offender of official authority with the presence of selfish or other self-interest | 288 |
| Facts of abuse of authority | 286 |
| The misappropriation of finances and other material resources that are in extra-budgetary state funds | 285, part 2 |
| Inappropriate waste of funds that fill the state budget | 285, part 1 |
| Abuse of authority under the position | 285 |
| Facts of extortion or theft of narcotic or psychotropic drugs related to the use by an attacker of his official position | 222, part 2, paragraph "c" |
| Extortion or theft of ammunition, weapons, explosive equipment, explosives, which was committed by the criminal, relying on his own official position | 226, part 3, paragraph "c" |
| Theft or extortion of a spectrum of nuclear materials, which was undertaken using their own official status | 221, part 2, paragraph "c" |
| Organization of a criminal system, gang, community or other association of persons, which was facilitated by the official position of the criminal | 210 part 3 |
| The facts of the excess of their own powers by the employees of detective services, security companies, the basis for which was the selfish or personal interest of the offender | 203 |
| Abuse of official rights by private auditors and notaries, the purpose of which is to benefit both for themselves and for the circle of interested parties | 202 |
| Abuse of authority by employees, employees and so on. | 201 |
| Registration of transactions with land recognized as illegal | 107 |
| Assignment or embezzlement of corporate, common property using official status | 160 part 3 |
| Insurance Position Fraud | 159.5, part 3 |
| Status fraud in the sphere of receiving various cash payments | 159.2 part 3 |
| Position fraud in the field of lending to legal entities and individuals | 159.1 part 3 |
| Any other fraud committed by an attacker using his own official position | 159, part 3 |
| Non-payment of benefits, student scholarships, subsidies, pensions, wages | 145.1 |
The types of liability for corruption offenses that were listed above are contained in the articles of the Criminal Code, written opposite each paragraph. We are moving to the last category according to the classification of the Federal Law "On Anti-Corruption Activities".
Corruption Offenses
Corruption crimes of military personnel, officials and other public and non-public workers of this group are also listed in the table.
| The content of the offense. | Article of the Criminal Code prohibiting such an act |
| Legalization (in other words, laundering) of monetary resources or other property that was acquired illegally. The legislation includes property that was acquired by its owner as a result of a corruption offense. | 174, part 3, paragraph "b" |
| Money laundering or other tangible property that was acquired by the owner criminally. | 174.3, part 3, paragraph "b" |
| Both marketing and acquisition of illegally acquired property. It is also the purchase and sale of property, which was obviously obtained by the offender when committing a corruption crime. | 175, part 3 |
Concealment of corruption crimes (if the case of concealment is not promised in advance in case of cooperation with law enforcement agencies). The organization of any criminal system created to commit serious and especially serious corruption crimes. Atrocities that are provided for by Art. 290 (4th part). | 210, 316 |
And we move on to another classification of the structure of corruption crime.
Classification of all activities
For offenses, one way or another related to corruption, it is not always criminal liability that follows. On this statement is another classification that we want to introduce to you. It includes not only crimes, but all corruption activity in general.
Graduation will also be presented in three categories:
- Administrative offenses.
- Civil tort.
- Criminal offenses.
We analyze the classification point-by-point.
Administrative type
Inside the category will have several components:
- Actually administrative legal violation, liability for which is provided by the Code of Administrative Offenses. For example, the fact of petty theft of state property committed by a public servant using his official position.
- Disciplinary action (already a kind of administrative). This is a violation by a public or non-public listener, an employee of the labor law or related local regulatory acts of an institution or company.
Civil Type
The content of this group is as follows:
- Acceptance of gifts, cash from clients, patients, students, etc. by state and municipal employees, doctors, educators, and commercial workers. For example, an expensive home appliance for a teacher, a certificate for a foreign holiday to the attending physician, etc.
- Both accepting gifts and giving municipal and state, public and non-public servants presentations related to their official position, the performance of certain official duties. Responsibility comes for the fact of accepting a gift, the value of which is 5 times higher than the minimum wage (Article 575 of the Russian Civil Code).
Criminal Type
And what is the criminal liability for corruption crimes? These are measures introduced by the Criminal Code of the Russian Federation for committing socially dangerous acts, which directly encroach on the authority of a public or non-public institution, expressed both in the unlawful appropriation of advantages and in the unlawful provision of them to third parties. Investigation of corruption crimes is carried out at the most serious level.
There are three categories:
- Actually corruption crime. It encroaches on the authority of a municipal, federal institution, which becomes the main goal of such an encroachment.
- Corruption crime in a broader sense. Encroaching on the same social value (authority), but already more indirectly.
- Crimes of a corruption nature, which will also infringe on the authority of the organization, but not as the main thing, but as an optional, optional object.
The most serious responsibility for a corruption offense is criminal. For each type of crime - its own measure of punishment under the Criminal Code. Some less serious acts are considered under civil, administrative law.