RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 9, 2013 No. 24

About court practice on cases on bribery and on other corruption crimes

The international community, aiming to develop effective measures for the prevention and eradication of corruption, accepted number of documents to which conventions of the United Nations (for example, the Convention against corruption), the Convention of the Council of Europe on criminal liability for corruption, the Convention on fight against bribery of foreign officials belong when implementing the international commercial transactions of Organization for Economic Cooperation and Development, etc.

In these documents it is noted that corruption turned into the transnational phenomenon which affects all countries. It causes extremely important value of international cooperation in the field of the prevention of corruption and fight against it.

In the Russian Federation the legal basis of anti-corruption the Constitution of the Russian Federation, the conventional principles and rules of international law, the international agreements of the Russian Federation, the Federal Law of December 25, 2008 constitute No. 273-FZ "About anti-corruption", the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" and other regulatory legal acts directed to anti-corruption.

Justice on cases on bribery and on other corruption crimes shall be performed on the basis of respect for the principles of independence of judicial authority, competitiveness and equality of participants, observance of human rights and freedoms, in strict accordance with requirements of the penal and criminal procedure legislation.

Draw the attention of courts that persons recognized by those including international treaties of the Russian Federation in the field of anti-corruption concern foreign officials and officials of the public international organization in Articles 290, of 291, 291.1 and 304 Criminal Code of the Russian Federation.

The foreign official is understood as any designated or elected person holding any position in legislative, executive, administrative or judicial authority of foreign state and any person performing any public function for foreign state, including for public department or the public company (for example, the deputy, the minister, the mayor).

The staff of the organization who is the international civil servants persons, representatives treats officials of the public international organization, in particular, to act on behalf of the public international organization, members of parliamentary meetings of the international organizations which participant is the Russian Federation, persons holding judicial positions of any international court which jurisdiction is acknowledged as the Russian Federation.

3. It is necessary to understand such actions (failure to act) which it has the right and (or) shall make within its office competence as the actions (failure to act) of the official which are included into office power (for example, reducing the terms of consideration of the address of the briber established by the law, acceleration of adoption of the relevant decision by the official, the choice by the official within the competence or the discretion established by the law optimum for the briber or persons of the decision represented to them).

4. Contribution by the official owing to the official capacity to making of actions for benefit of the briber or persons represented to them is expressed (failure to act) in use by the bribetaker of the authority and other opportunities of post for rendering any influence on other officials for the purpose of making of the specified actions (failure to act) by them on service, for example by requests, arrangements, promises, coercion, etc.

At the same time receipt by the official of remuneration for use exclusively personal, not connected with his official capacity, the relations cannot be qualified under article 290 Criminal Code of the Russian Federation.

5. Courts should mean that in case of taking of a bribe for general protection or connivance on service specific actions (failure to act) for which it is received at the time of its acceptance do not make a reservation the briber and the bribetaker, and are only realized by them as probable, possible in the future.

General protection on service can be shown, in particular, in unreasonable appointment of the subordinate, including in defiance of established procedure, to higher position, in its inclusion in lists of persons represented to incentive payments.

The consent of the official of monitoring body not to apply the responsibility measures which are included into its power in case of identification of the violation made by the briber belongs to connivance on service, for example.

Belonging to general protection or connivance on service of action (failure to act) can be made by the official in advantage of both subordinate, and other persons to whom its supervising, control or other functions of the public agent, and also its organizational and administrative functions extend.

In particular, treat falsification of proofs on criminal case them, non-execution of the obligation provided by the law on creation of the protocol on administrative offense, acceptance of illegal decision based on obviously false documents, entering into documents of the data untrue.

Making by other official of illegal actions (failure to act) on service should qualify receipt of bribe by the official for use of official capacity for the purpose of contribution as regards 3rd article 290 Criminal Code of the Russian Federation.

7. Acceptance by the official of money, services of property nature, etc. for making of the actions (failure to act) though connected with execution of its professional obligations but which at the same time are not relating to powers of the public agent, organizational and administrative or administrative functions does not form structure of taking of a bribe.

8. Responsibility for obtaining, bribery, mediation in bribery comes irrespective of time of receipt of bribe by the official - to or after making of actions (failure to act) by it on service for benefit of the briber or persons represented to them and also irrespective of whether there were specified actions (failure to act) bribes are in advance caused by bribe or the arrangement with the official on transfer for their making.

The official should understand provision as illegal rendering services of property nature to courts as bribe of any property benefits, including release it from property obligations (for example, loan granting with the underestimated interest rate for use of it, free or at the underestimated cost of tours, apartment renovation, giving construction, cession of property, in particular motor transport, for its temporary use, obligation fulfillment before other persons).

When subject of bribe are property rights, the official who earned such illegal reward has opportunity to enter ownership or to dispose of someone else's property as own, to demand from the debtor of execution in own favor property obligations, to gain income from use of bank entry securities or the digital rights, etc.

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