Anti-corruption legal education: Bribe, punishment for receiving and (or) giving a bribe
In accordance with paragraph 1 of Art. 1 of the Federal Law of December 25, 2008 No. 273-ФЗ "On Combating Corruption" corruption is understood as abuse of office, giving a bribe, receiving a bribe, abuse of authority, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money , valuables, other property or services of a property nature, other property rights for oneself or for third parties, or illegal provision of such benefits to the specified person by other individuals, as well as the commission of these acts on behalf of or in the interests of a legal entity.
The Criminal Code of the Russian Federation provides for criminal liability both for taking a bribe and for giving a bribe and mediation in bribery. A bribe can be in the form of money, securities, other property, or in the form of illegal provision of property services or the provision of other property rights.
Punishment for accepting a bribe (Article 290 of the Criminal Code of the Russian Federation):
a fine of up to 5 million rubles, or in the amount of the salary or other income of a person convicted for a period of up to 5 years, or in the amount of up to a hundredfold amount of a bribe with the deprivation of the right to hold certain positions or engage in certain activities for up to 15 years;
imprisonment for up to 15 years, with or without a fine of up to seventy times the amount of a bribe and with the deprivation of the right to hold certain positions or engage in certain activities for up to 15 years or without it.
Punishment for giving a bribe (Article 291 of the Criminal Code of the Russian Federation):
a fine of up to 4 million rubles or in the amount of the salary or other income of a person convicted for a period of up to 4 years or in the amount of up to ninety times the amount of a bribe with the deprivation of the right to hold certain positions or engage in certain activities for up to 10 years or without it;
imprisonment for up to 15 years, with or without a fine of up to seventy times the amount of a bribe and with the deprivation of the right to hold certain positions or engage in certain activities for up to 10 years or without it.
A person who has given a bribe or has committed mediation in bribery is released from criminal liability if he actively contributed to the disclosure, investigation and (or) suppression of the crime, or in relation to him there was an extortion of a bribe by an official, or the person voluntarily reported to the body after committing a crime , who has the right to initiate a criminal case on this fact.