Mediation in Bribery: The History of Legislation and Counteraction Practice

Abstract

This article discusses specific issues relating to the history of Russian legislation on responsibility for mediation in bribery. It is noted that the rule introduced in the Criminal Code of the Russian Federation in 2011 had been known in the Soviet criminal legislation (Criminal Code of the RSFSR, 1922, Edition of 1926 and 1960), and it is also proposed in the Model Criminal Code for CIS Member States (1996). When analyzing Article 2911 of the Criminal Code of the Russian Federation the author takes notice of a number of controversial wordings in dispositions and sanctions of the rules contained in this article. The author proposes to review the disposition of Art. 2911 Part 1 of the Criminal Code of the Russian Federation. The article also addresses the rulings of the Plenum of the Supreme Court of the RF (RSFSR, USSR) on responsibility for bribery mediation, and provides modern enforcement practice. It is noted that some recommendations of the highest court of the state must be brought into line with the language of the law - a legal definition of bribery mediation.