A bill No. 411567-8 has been submitted to the State Duma of the Russian Federation to amend the Russian Criminal Code to increase liability for petty bribery and commercial bribery. These crimes are very widespread and individually do not pose a great public danger, but if systematic, they are no less dangerous threat to the realization of citizens' rights protected by the law and the state. Especially since, according to the statistics of the Russian Supreme Court, the number of these crimes for 2021 has increased significantly.
According to this bill, it is proposed to strengthen criminal liability for bribery or commercial bribery in an amount not exceeding 10 thousand rubles. Now, according to article 204.2 "Small commercial bribery" of the Criminal Code of the Russian Federation, for commercial bribery in an amount not exceeding 10 thousand rubles, the maximum term of restriction of freedom - two years or one year of imprisonment. There will also appear qualifying features of these crimes, such as “knowingly illegal actions (inaction)”, “acts committed by a group of persons by prior conspiracy or organized group”, “by a person with a criminal record for committing crimes under Articles 204 and 204.1 of the Criminal Code of the Russian Federation” (Articles 290, 291, 291.1 of the Criminal Code of the Russian Federation), as well as “with extortion”.
In case of commercial bribery, a person performing managerial functions in a commercial or other organization is proposed to be punished by a fine of up to 150 thousand rubles, or compulsory labor for up to 200 hours, or correctional work for up to one year, or restriction of freedom for up to one year. In the presence of qualifying signs will face a fine of up to 500 thousand rubles, or correctional labor for up to 18 months, or restriction of freedom for up to two years, or imprisonment for up to one year.
For giving or receiving a bribe by an official, a foreign official or an official of a public international organization personally or through an intermediary it is proposed to introduce a fine of up to 300 thousand rubles, or correctional work for up to one year, or restriction of freedom for up to two years. If there are qualifying features, the punishment may be a fine of up to 1 million rubles, correctional labor for up to 18 months, restriction of freedom for a period of three months to four years, or imprisonment for up to three years.
In addition, these offenses fall under the category of crimes for which confiscation of property is applied (paragraph "a" of part 1 of Article 104.1 of the Criminal Code of the Russian Federation). It is not provided for under the current legislation, but its introduction will make it possible to compensate victims. At present, both crimes (without aggravating circumstances) are punishable by a fine of up to 200,000 rubles, or restriction of freedom for up to two years, or imprisonment for up to one year.
According to this bill, it is proposed to strengthen criminal liability for bribery or commercial bribery in an amount not exceeding 10 thousand rubles. Now, according to article 204.2 "Small commercial bribery" of the Criminal Code of the Russian Federation, for commercial bribery in an amount not exceeding 10 thousand rubles, the maximum term of restriction of freedom - two years or one year of imprisonment. There will also appear qualifying features of these crimes, such as “knowingly illegal actions (inaction)”, “acts committed by a group of persons by prior conspiracy or organized group”, “by a person with a criminal record for committing crimes under Articles 204 and 204.1 of the Criminal Code of the Russian Federation” (Articles 290, 291, 291.1 of the Criminal Code of the Russian Federation), as well as “with extortion”.
In case of commercial bribery, a person performing managerial functions in a commercial or other organization is proposed to be punished by a fine of up to 150 thousand rubles, or compulsory labor for up to 200 hours, or correctional work for up to one year, or restriction of freedom for up to one year. In the presence of qualifying signs will face a fine of up to 500 thousand rubles, or correctional labor for up to 18 months, or restriction of freedom for up to two years, or imprisonment for up to one year.
For giving or receiving a bribe by an official, a foreign official or an official of a public international organization personally or through an intermediary it is proposed to introduce a fine of up to 300 thousand rubles, or correctional work for up to one year, or restriction of freedom for up to two years. If there are qualifying features, the punishment may be a fine of up to 1 million rubles, correctional labor for up to 18 months, restriction of freedom for a period of three months to four years, or imprisonment for up to three years.
In addition, these offenses fall under the category of crimes for which confiscation of property is applied (paragraph "a" of part 1 of Article 104.1 of the Criminal Code of the Russian Federation). It is not provided for under the current legislation, but its introduction will make it possible to compensate victims. At present, both crimes (without aggravating circumstances) are punishable by a fine of up to 200,000 rubles, or restriction of freedom for up to two years, or imprisonment for up to one year.