The state Duma will toughen punishment for corruption
A bill providing punishment for arbitrators.
In Russia can significantly increase the punishment for giving and taking bribes.
Among the criminal acts appears the concept of “moral bribe” — for example, favoritism and nepotism.
The relevant amendments to the criminal code prepared by the Committee on security and combating corruption of the state Duma.
The author of the bill Deputy Chairman of the Committee Anatoly Vyborny (United Russia) said “news” that the penalties for giving and accepting bribes is proposed to increase to four years of imprisonment, under the criminal code will be and the arbitrator: the abuse of power they could face up to three years of imprisonment. The bill has already received the positive opinion of the Supreme court, he also supported the Prosecutor General’s office.
Amendments to articles of the Criminal code regarding the abuse of power (article 202), commercial bribery (article 204), giving and receiving bribes (article 290 and article 291). The authors of the bill propose to add new concepts — “moral benefits”, “services moral character,” as well as “non-property rights and other undue advantages.”
— It can be mutually beneficial service — for example, when a relative of a senior official to take a job in a commercial organization with a high salary without the necessary qualifications, and that helps businesses using their service opportunities, — explained the “Izvestia” the author of the bill, Deputy Chairman of the security Committee Anatoly Vyborny.
The penalties for giving and receiving a bribe is offered to toughen up to four years of imprisonment (now two and three years, respectively). In addition, under the criminal code for the first time will be the arbitrator: it is proposed to establish for them the responsibility for the abuse of power for up to three years of imprisonment.
Intangible bribe
Under the current criminal code, a bribe is considered only money and property or services whose value can be assessed. The introduction of new concepts in the law will bring the Russian anti-corruption legislation to the international one, since Russia ratified three conventions — the UN, Council of Europe and the Organization for economic cooperation and development (OECD). In them is the notion of “undue advantage”, explained Anatoly Vyborny. To expand the Russian legislation due to moral bribery recommended that the Russian Federation and the Group of States against corruption (GRECO).
Member of the GRECO Bureau, chief of Department for supervision over execution of legislation on combating corruption General Prosecutor’s office Mr Aslan Yusufov told “Izvestia” that the Department supports the initiative. The feasibility of such changes, according to Aslan Yusufov, dictates enforcement.
Unfortunately, impunity has not only cases of bribery in the form of, for example, writing official thesis or organization accolades about him in the press, having no market value, but the rendering of service for service between the officials. The bill would provide an appropriate criminal-legal assessment of such actions, he explained.
The draft received a positive opinion of the Supreme court, and held the government Commission on legislative activities and the expert Council of the faction “United Russia”.
Enforcement
To prove the non-property provision of services will not be easy. In addition, there is a problem with enforcement: would the authorities too broadly interpreted this provision, considering as non-property services any relationship between authorities and citizens, noted in conversation with “Izvestia” managing partner of the legal company BMS Law Firm of Alim Bishenov.
There is now a clear explanation of the Supreme court for corruption crimes, he recalled. Perhaps after the bill is passed there will be a need of adjustment, but only after the provision will take work and practice will show whether there are problems with the qualification of such acts.
According to experts, corruption in the rules of law no probability of abuse by security forces even lower than when “material” bribe.
Giving and accepting bribes
It is proposed to toughen the penalties for giving and accepting bribes.
Now the maximum penalty for these crimes is three years of imprisonment respectively. Under the bill, this period is extended to four years.
Therefore, these crimes are transferred to medium severity, and the Statute of limitations on them increased from two to six years. Public danger of the acts of both are equal, said Anatoly Elected, and therefore the punishment should be the same.
Because in the UK there is the concept of petty bribery (not more than 10 thousand rubles), the usual bribery logically translate into the category of crimes of average weight, says Aslan Yusufov.
The arbitrator
Separately in the criminal code proposes to introduce responsibility for arbitrators (arbitrators).
The punishment for abuse of power, and commercial bribery for them to be the same as for notaries and auditors, with up to three years of imprisonment.
— The referee is the same referee, only more low level, and the significance of the court of arbitration is very high. However, abuse of notaries and auditors criminalized, and of the arbitrators — no, — said Anatoly Elected.
Reduction of corruption risks in the sphere of activity of the arbitrators is necessary, says the Chairman of the arbitration court of Moscow and the Moscow region Oleg Sukhov. Such changes are of benefit to the arbitrators, because the higher the guarantees of a fair decision on the case, the more confidence to the system of arbitration.
The bill is scheduled to submit to the state Duma before the end of the spring session.