Commercial bribery: concept and main aspects
Today in our country there is a huge numbercrimes in the sphere of economy, and one of them - commercial bribery, which is a threat to its normal functioning. This term implies two opposite elements of the crime. The first is the unlawful receipt by a person carrying out managerial activities in the organization (commercial or any other), money, securities and other property or services of a property type for committing acts (omissions) in favor of the giving person. On the other hand, commercial bribery is considered unlawful to transfer to a person carrying out managerial activities in an organization, the above-mentioned material goods being the subject of bribery, for committing acts (omissions) in favor of the grantor.
The main object of this crime is considered to benormal activity of the organization, not related to state or municipal institutions or bodies. It can be said that the Russian legislation in Article 204 of the Criminal Code of the Russian Federation includes two close crimes under this term: bribery in the form of obtaining unlawful remuneration and bribery in the form of giving illegal remuneration. In situations where bribery is accompanied by extortion, it is possible to consider legitimate interests and rights of organizations, citizens, legally protected interests of the state and society as additional objects.
On its subject of commercial bribery a littleis different from a bribe. In particular, the object of obtaining a bribe is considered to be the benefit of a property nature, and the object of bribery is considered to be illegal property services. Unlike bribes, commercial bribery is only illegal actions (inaction). In the case of a bribe, the spectrum is wider: legal and illegal actions (inaction), connivance and general patronage in the service. To connivance refers to the failure to take adequate measures for violations and omissions in performance. To patronage is an undeserved promotion, promotion.
Commercial bribery is a crimesmall (Part 1 of the Criminal Code) and moderate severity (if classified in parts 2-4). Bribery is considered to be actions when its subject is transferred not only to the person who directly carries out administrative functions, but also to his close and native people. True, there is one obligatory condition here: a man exercising managerial functions must agree with the transfer of an object or do not object to this and use his official leverage in favor of the bribing person.
This crime is considered complete withthe moment of full or partial receipt (transfer) of illegal material goods or services. The grounds for obtaining or transferring the crime subject may be explicit or veiled in the guise of a fee, a gift, a loss. In addition, there is the concept of attempt at bribery. In this case, an attempt is a situation where one of the parties refused to receive (transfer) illegal remuneration, while the other party took certain actions to do this, and not only expressed its intentions on this matter.