THE PROBLEM OF LEGISLATIVE DEFINITION OF CORRUPTION CRIMES IN THE RUSSIAN FEDERATION


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Abstract

Modern statistical data indicate the downward dynamics of corruption crime development, which determines the low effectiveness of the existing methods to prevent this phenomenon. The quantitative and qualitative indicators of these crimes are increasing, and, consequently, there is a need to improve existing and develop new methods of struggling against corruption crimes. The paper considers the criminal law methods of fighting against corruption. Based on the analysis of the current legislation and special literature, the authors propose their definition of the concept of corruption crimes through their characteristics, which include the special subject of crime, the dependence of committed acts on the person’s authority, profit-oriented acts, and the direct intent guilt. This will make it possible to more accurately specify the list of corruption offenses. Many components of corruption crimes indicate the need for their grouping. There are several approaches to solving this problem in the literature, but most of them have significant disadvantages. The authors justify the effectiveness of classification by the subject of a crime, which, due to its simplicity, is the most convenient for perception and use in practice. The problem of the absence of the term “corruption” in criminal legislation remains unsolved. The authors believe that changes to the current structure of the criminal code will negatively affect its application. To the authors’ opinion, the more effective solution is to enshrine the definition of corruption crimes in the Federal Law On Countering Corruption.

About the authors

A. V. Belyakov

Samara State University of Economics

Author for correspondence.
Email: belekov2007@ya.ru

PhD (Law), Associate Professor

Russian Federation

N. G. Ohanyan

Samara State University of Economics

Email: goar.78@mail.ru

student of the Institute of Law

Russian Federation

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