On the Issue of Special Types of Exemption from Criminal Liability in Cases of Bribery and Commercial Bribery

Abstract

The article concerns the modern problems of the legislative regulation and the practice of enforcing special types of exemption form criminal liability for bribery and commercial bribery, which are among the most common crimes of corruption. The study is relevant because the existing anticorruption measures are mainly of declarative character, they do not have any considerable influence on reducing the level of corruption crimes, that already affect national security. The author stresses the danger of corruption crimes, which in a number of cases have a direct impact on state security, and the necessity of improving the criminal legislation by designing clauses that stimulate the participants of corruption acts to demonstrate correct post-criminal behavior. The goal of the research was to obtain new knowledge on these problems and then use it to develop suggestions for improving criminal legislation in the part that concerns regulation of special types of exemption from criminal liability in the notes to the corresponding articles of the Special Part of the Criminal Code of the Russian Federation. The tasks of the research were to single out and examine problems of incorporating special types of exemption from criminal liability for bribery and commercial bribery into criminal law, as well as to form scientifically grounded suggestions for solving such problems to improve the effectiveness of the institute of exemption from criminal liability in view of its use for cases of specific types of corruption crimes. The author used the general dialectic method, as well as other methods, including formal-logical, statistical, sociological, comparative legal, prognostication and legal modelling methods to examine the research object, which included the current legal legislation, the theoretical works of Russian and foreign scholars, the Explanations of the Plenary Sessions of the Supreme Court of the Russian Federation and current court practice reflecting the specifics of regulating and enforcement of the abovementioned criminal law institute. The conducted study allowed the author to formulate well-grounded conclusions and to develop suggestions contributing to the development of the criminal law doctrine in the part concerning the understanding of its socio-legal essence, meaning, existing problems and possible direction of improving the institute of exemption from criminal liability for special types of such exemption in cases of bribery and commercial bribery.