Art. 290 of the Criminal Code. Official bribe

Acceptance of a bribe (Article 290 of the Criminal Code of the Russian Federation) is considered as unlawful acceptance by an entity personally or through an intermediary of material values ​​or benefits from the services or rights provided to him. The guilty person is an official. Next, we consider in more detail the main provisions of Art. 290 of the Criminal Code in the new edition.

Composition specifics

Sentences under Art. 290 of the Criminal Code of the Russian Federation are issued in the event of an unlawful acceptance by an official of financial resources, securities, other property, property rights, property type services for performing certain actions or evading them. Moreover, these behavioral acts should be within the competence of the official. Qualification of an unlawful act under Art. 290 of the Criminal Code of the Russian Federation will take place if the perpetrator for unlawful remuneration provides connivance in the service or general protection of the subject or other citizens named by him. As mentioned above, only an official may be guilty of accepting material values, rights or benefits from services. If the entity committing illegal actions is an employee of a commercial organization or other company (institution, enterprise), he will be liable for receiving a bribe under article 204 of the Criminal Code (commercial bribery).

Subject of crime

Holding a person liable under Art. 290 of the Criminal Code of the Russian Federation is carried out if for illegal remuneration not only actions are taken that fall directly into the powers of the perpetrator. An official shall also be punished, which, by virtue of his authority or official position, may influence or facilitate the commission of behavioral acts in favor of the subject or the citizens he represents.

Art. 290 of the Criminal Code: comment

A foreign official may act as a subject of a crime . It is any official (elected or appointed), carrying out activities in the judicial, administrative, executive or legislative body of a foreign state, performing a public function for him. A significant amount of illegal remuneration under Art. 290 of the Criminal Code acts the amount of money, the value of property (including securities), services or property rights, the value of which is more than 25 thousand rubles. Large size is considered to be more than 150 thousand rubles, and especially large - more than 1 million rubles.

Responsibility

Art. 290, part 1 of the Criminal Code of the Russian Federation establishes the general corpus delicti and the corresponding punishment. As punishment it is provided:

1. Forced work for a period of up to 5 liters.
2. A fine of up to 1 million rubles, either in the amount of the guilty's income / salary for a period of up to 2 years, or in the amount of 10 to 50 times the amount of illegal remuneration.
3. The fix. work (1-2 years).
4. Imprisonment for a period of up to 3 years.

In the latter case, a fine of 10 or 20 times the amount of illegal remuneration may be additionally imposed. The first three sentences are accompanied by a ban for 3 years to perform certain activities or to stay at a particular post.

Significant size

In this case, Art. 290 of the Criminal Code establishes:

1. A fine of 30-60 times the amount of illegal remuneration. In this case, the perpetrator can not be taken to specific posts or he will be prohibited from carrying out activities defined by the court for 3 years.
2. 6 years in prison with a fine of 30 times the bribe.

Punishment for unlawful acts / omissions

For receiving a bribe in such cases, officials, including foreign or speaking on behalf of an international organization, are assigned:

1. A fine in the amount of 40 to 70 times the amount of remuneration with the prohibition to occupy a specific position or carry out activities specified by the court for three years.
2. Imprisonment for 3-7 years. In addition to this punishment, a fine of 40-fold bribe will be imposed.

Part four

For the acts established in paragraphs 1-3 of this article committed by persons holding state. Positions of the Russian Federation or a constituent entity of Russia, as well as the heads of local authorities, provide for:

1. A fine of 60-80 times the amount of remuneration with the deprivation of the right to engage in specific activities or to remain in certain positions for 3 years.
2. Imprisonment for 5-10 years. In addition to imprisonment, a fine of 50 times the amount of illegal remuneration will be imposed.

P. 5, Art. 290 of the Criminal Code

The acts established in the above parts of the article under review may be committed:

1. An organized group or persons by prior agreement.
2. In large size.
3. Extorting illegal remuneration.

In these cases, the following are provided:

1. A fine of 70-90 times the value of the bribe received.
2. 12 years in prison.

In both cases, the perpetrator will be prohibited from carrying out activities defined by the court or staying at specific posts for three years. Upon appointment of imprisonment, a fine of 60 times the amount of illegal remuneration will be additionally imposed.

The final part of the article

When committing the acts referred to in Art. 290 of the Criminal Code, in especially large amounts established:

1. A fine of 80-100 times the amount of illegal remuneration with a ban for three years to engage in specific activities or to stay in a certain post.
2. Imprisonment for 8-15 years. Additionally, the perpetrator is fined 70 times the amount of the bribe received.

Important point

In some cases, the fact of acceptance of unlawful remuneration may be the provision of benefits not directly to the official, but to his relatives. Qualify such an act under Art. 290 of the Criminal Code is possible with 2 conditions:

1. Illegal remuneration is provided to the relatives of the perpetrator with his approval.
2. The subject used official position in favor of the bribe giver.

Objective side

The revised article describes it as accepting unlawful remuneration for the implementation of certain behavioral acts. The use of official position by the guilty is considered in three aspects:

1. Inaction / action within the powers of the perpetrator.
2. General connivance or patronage.
3. Promoting action / inaction.

The first form is considered quite common in practice. This category may include:

• Job moves.
• Dismissal from work.
• Enrollment in the state.
• Recovery.
• Promotion and stuff.

Also in this group include, for example:

• Failure to audit / inventory.
• Concealment of shortages, etc.

Facilitating action / inaction is seen as using one's position in the broad sense. In this case, it is assumed that there are links with other officials who are not subordinate to the perpetrator, and the ability to influence them with authority.

Connivance or patronage

Jurists note that the corpus delicti will be formed in the event that these actions are dressed in specific illegal acts. As they may be unreasonable:

• The issuance of premiums.
• Promotions.
• Giving holidays to managers or other persons, etc.

The connivance can be expressed in non-violation of violations, non-response to non-compliance with requirements (absenteeism, drunken appearances, etc.).

Subjective side

It is characterized by guilt and direct intent. Bribe takers recognize that they accept illegal benefits for taking actions or not committing them, patronage / connivance, aiding. The intent of the perpetrator also implies the recognition that the provider of values ​​or services knows that remuneration is illegal. He understands that benefits are offered for the commission of acts using his official position.

Public danger

By its nature, taking a bribe appears as one of the special types of abuse of position for personal gain. The danger of crime increases due to:

1. Acceptance of unlawful remuneration for unlawful actions (under part 2).
2. The commission of an unlawful act by an official of a state body of the Russian Federation or a subject of the country, as well as by the head of the local administration.

These actions, increasing the risk of bribery, do not require additional qualifications. The proliferation of such criminal acts in government creates favorable conditions for the development of corruption. This, in turn, undermines the authority of the government in the state, reduces the degree of public confidence in it.