Regulations of the RF





REGULATIONS OF THE RUSSIAN FEDERATION IN THE SPHERE OF FIGHTING AGAINST CORRUPTION

 

Explanation of the liability arising in case of giving/accepting illegal gratification, commercial bribery.

 

Extract from the Criminal Code of the Russian Federation (was adopted on 13.06.1996)

 

Article 201. Abuse of authority

1. The use of authority by a person discharging managerial functions in a profit-making or any other organization in defiance of the lawful interests of this organization and for the purpose of deriving benefits and advantages for himself or for other persons or for the purpose of inflicting harm on other persons, if this deed has involved the infliction of substantial damage on the rights and lawful interests of individuals or organizations or on the legally-protected interests of the society or the state,

shall be punishable by a fine in the amount up to two hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to eighteen months, or by compulsory works for a term to four hundred and eighty hours, or by corrective labour for a term up to two years, or by compulsory labour for a term up to four years, or by arrest for a term up to six months, or by deprivation of liberty for a term of up to four years.

(as amended by Federal lawdated 07.12.2011 No. 420-FZ)

2. The same deed, which has involved grave consequences,

shall be punishable by a fine in the amount up to one million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or by compulsory labour for a term up to five years with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years, or by deprivation of liberty for a term of up to ten years with deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years.

(as amended by Federal laws dated 25.12.2008 No. 280-FZ, dated 27.12.2009 No. 377-FZ and dated 07.12.2011 No. 420-FZ)

  

Article 204. Commercial bribery

1. The illegal transfer of money, securities, or any other assets to a person who discharges the managerial functions in a profit-making or any other organization, and likewise the unlawful rendering of property-related services to him, granting of other property rights (including when by order of such a person, property is transferred, or property-related services are rendered, or property rights are granted to another individual or entity) for the commission of actions (inaction) in the interests of the giver or other persons, if the specified actions (inaction) are included into official powers of such a person, or if in connection with the official position held by this person, he may contribute to the specified actions (inaction),

shall be punishable by a fine in the amount up to four hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or in the amount of five-times up to twenty-times the commercial bribery amount, or by restraint of liberty for a term of up to two years, or by corrective labour for a term up to two years, or by deprivation of liberty for the same term with or without a fine in the amount up to five-times the commercial bribery amount.

2. The acts provided for by the first part of this article, committed in a significant amount,

shall be punishable by a fine in the amount up to eight hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to nine months, or in the amount of ten-times up to thirty-times the commercial bribery amount with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to two years, or by restraint of liberty for a term of one up to two years with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years, or by corrective labour for a term of one up to two years with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years, or by deprivation of liberty for a term of up to three years, with or without a fine in the amount of ten-times the commercial bribery amount, and with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years.

3. The acts provided for by the first part of this article, if they are committed:

a) by a group of persons in a preliminary conspiracy, or by an organized group;

b) for patently illegal actions (inaction);

c) on a large scale,

shall be punishable by a fine in the amount of up to one million five hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or in the amount of twenty-times up to fifty-times the commercial bribery amount with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or by deprivation of liberty for a term of three up to seven years with or without a fine in the amount of up to thirty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years.

4. The acts provided for by the first part, clauses "a" and "b" of the third part of this article, committed on an especially large scale,

shall be punishable by a fine in the amount of one million up to two million five hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one year up to two years and six months, or in the amount of forty-times up to seventy-times the commercial bribery amount with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years, or by deprivation of liberty for a term of four up to eight years with or without a fine in the amount of up to forty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years.

5. The illegal receipt of money, securities, or any other assets by a person who discharges the managerial functions in a profit-making or any other organization, and likewise the illegal use of property-related services or other property rights (including when by order of such a person, property is transferred, or property-related services are rendered, or property rights are granted to another individual or entity) for the commission of actions (inaction) in the interests of the giver or other persons, if the specified actions (inaction) are included into official powers of such a person, or if in connection with the official position held by this person, he may contribute to the specified actions (inaction),

shall be punishable by a fine in the amount up to seven hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to nine months, or in the amount of ten-times up to thirty-times the commercial bribery amount, or by deprivation of liberty for a term of up to three years with or without a fine in the amount up to fifteen-times the commercial bribery amount.

6. The acts provided for by the fifth part of this article, committed in a significant amount,

shall be punishable by a fine in the amount of two hundred thousand up to one million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of three months up to one year, or in the amount of twenty-times up to forty-times the commercial bribery amount with deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or by deprivation of liberty for a term up to five years with or without a fine in the amount of up to twenty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years.

7. The acts provided for by the fifth part of this article, if they are:

a) committed by a group of persons in a preliminary conspiracy, or by an organized group;

b) associated with extortion of the bribe;

c) committed for illegal actions (inaction);

d) committed on a large scale,

shall be punishable by a fine in the amount of one million up to three million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one year up to three years, or in the amount of thirty-times up to sixty-times the commercial bribery amount with deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years, or by deprivation of liberty for a term of five up to nine years with or without a fine in the amount of up to forty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years.

8. The acts provided for by the fifth part, clauses "a""c" of the seventh part of this article, committed on an especially large scale,

shall be punishable by a fine in the amount of two million up to five million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of two years up to five years, or in the amount of fifty-times up to ninety-times the commercial bribery amount with deprivation of the right to hold specified offices or to engage in specified activities for a term of up to six years, or by deprivation of liberty for a term of seven up to twelve years with or without a fine in the amount of up to fifty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to six years.

Notes. 1. In this article and article 204.1 of this Code, the amount of money, the cost of securities, other property, property-related services, other property rights exceeding twenty-five thousand roubles shall be admitted a significant amount of commercial bribery, exceeding one hundred and fifty thousand roubles shall be admitted large scale of commercial bribery, and exceeding one million roubles shall be admitted especially large scale of commercial bribery.

2. A person which committed the crime prescribed by the firstthe fourth part of this article, shall be exempt from criminal liability if he made an active contribution to uncovering and (or) investigation of the crime, and extortion of the bribe was committed in respect of him, or this person voluntarily reported on the committed crime into the authority entitled to initiate a criminal case.

 

Article 204.1. Mediation in commercial bribery

1. Mediation in commercial bribery, that is immediate delivery of the commercial bribery subject (illegal gratification) by order of the person which delivers the commercial bribery subject, or the person which obtains the commercial bribery subject, or other contributing to these persons in reaching or performance of the agreement between them concerning delivery and acceptance of the commercial bribery subject, in a significant amount

shall be punishable by a fine in the amount up to four hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or in the amount of five-times up to twenty-times the commercial bribery amount, or by restraint of liberty for a term of up to two years, or by corrective labour for a term up to two years, or by deprivation of liberty for the same term with or without a fine in the amount up to five-times the commercial bribery amount.

2. Mediation in commercial bribery committed:

a) by a group of persons in a preliminary conspiracy, or by an organized group;

b) for patently illegal actions (inaction);

c) on a large scale,

shall be punishable by a fine in the amount of up to eight hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or in the amount of ten-times up to thirty-times the commercial bribery amount with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years, or by deprivation of liberty for a term of up to five years with or without a fine in the amount of up to thirty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to five years.

3. Mediation in commercial bribery committed on an especially large scale,

shall be punishable by a fine in the amount of up to one million five hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year and six months, or in the amount of forty-times up to seventy-times the commercial bribery amount with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to six years, or by deprivation of liberty for a term of three up to seven years with or without a fine in the amount of up to forty-times the commercial bribery amount and with or without deprivation of the right to hold specified offices or to engage in specified activities for a term of up to six years.

4. Promise or proposal of mediation in commercial bribery

shall be punishable by a fine in the amount up to one million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or in the amount of ten-times up to twenty-times the commercial bribery amount with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years, or by restraint of liberty for a term of one up to two years with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years, or by deprivation of liberty for a term of up to four years, with or without a fine in the amount of fifteen-times the commercial bribery amount, and with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years.

Note. A person which committed the crime prescribed by this article, shall be exempt from criminal liability if he made an active contribution to uncovering and (or) investigation of the crime, and voluntarily reported on the committed crime into the authority entitled to initiate a criminal case.

 

Article 204.2. Small commercial bribery

1. Commercial bribery in the amount not exceeding ten thousand roubles,

shall be punishable by a fine in the amount up to one hundred and fifty thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three months, or by compulsory works for a term to two hundred hours, or by corrective labour for a term up to one year, or by restraint of liberty for a term of up to one year.

2. The same act committed by the person having a criminal record for the commission of crimes prescribed by articles 204, 204.1 of this Code or by this article,

shall be punishable by a fine in the amount up to five hundred thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by corrective labour for a term up to one year, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to one year.

Note. A person which delivered the small commercial bribery subject shall be exempt from criminal liability if he made an active contribution to uncovering and (or) investigation of the crime, and extortion of the bribe was committed in respect of him, or after the commission of the crime, this person voluntarily reported on delivery of the bribe into the authority entitled to initiate a criminal case.