Analysis of the subjective evidence of the receipt and bribery

B.V. Volzhenkin commenting on this provision, said that "in the strict sense of the word by the authority is a person authorized on behalf of the state or local government administrative, rule-making or control authority in respect of persons who are subject to it (by service or by virtue of the employment relationship). It is such a person and carry out legislative, executive or judicial power, as well as local government (which is a form of public authority) "For my part, however, note that the functions of a representative government can perform well as those non-governmental bodies or organizations or official labor relations. It is necessary to distinguish between the authorities and other persons: for example, in accordance with Art. 117 Code of Criminal Procedure, sea captain, who is on a long voyage, is the body of inquiry. Employees of commercial organizations (including organized on the basis of joint-stock) the law of the Federation may be entitled to impose administrative penalties, for example, for offenses by public transport. Not on government or municipal service of the jury, members of the public who have been granted powers in connection with their participation in maintaining public order and combating offenses

It is worth mentioning that until sometime also quite difficult is the question of the officials of the local government as a subject of crimes provided Sec. 30 of the Criminal Code. In accordance with the Constitution and the Federal Law of 24 August 1995 "On general principles of local self-government

To qualify as an offense of bribery does not matter whether the person intends to taking a bribe to perform the action for which the bribe is given. The determining factor is the fact that wishes to obtain a bribe bribe and realizes that receives a bribe complexity of disclosure of intent with a bribe because the composition is designed as formal. The law also defines the intent with respect to the material composition.

And finally, the last mandatory feature of any corpus delicti - the subject. Subject malfeasance (except Art. 288 - misappropriation of official; and Art. 291-bribery) are persons endowed with the appropriate authority to the service. Employees of government, public service and service in local government. According to the note. 1 of Art. 285 of the Criminal Code, the subjects of malfeasance can be four categories of employees:

• 1)    Officials - "persons engaged in a permanent or temporary functions of representative government, as well as holding a permanent or temporary positions in organizations associated with the implementation of organizational - managerial or administrative - economic duties, or perform such duties in these organizations on special authority. Currently, the Russian legal doctrine has no common approach on the recognition of official persons performing the above functions in non-governmental organizations "(see. Encyclopedic. Law Dictionary 1996). In this definition to these organizations include government agencies, local governments, state and municipal agencies, as well as the Armed Forces of the Russian Federation, other troops and military formations. For face recognition officers is essential content and nature of their functions. There are whole categories of persons who are in some situations must be carried out, and in the other - professional functions (health workers, teachers at all levels). In some cases, they perform purely professional duties (diagnosis, the operation of an illegal fee). In this situation, these and other workers performing only their professional or business functions, cannot be recognized by officials and responsible for the crimes covered by the Criminal Code gl.30 (bribery, etc.). 2) -

  Holders of public office of the Russian Federation .: In accordance with the Law "On State Service of the Russian Federation" dated 1995, 05.07., These positions are established by the Constitution of the Russian Federation, federal constitutional laws and federal laws for the direct exercise of the powers of state bodies. This category considers the law office of the President of Russia, Prime Minister, Chairmen of the chambers of the Federal Assembly of the Russian Federation, the State Duma, the Federation Council of the Russian Federation and others.

• 3)    - Holders of public office entities RF- public office, it is said in the Law "On State Service" means a position in the government of subjects of the Russian Federation, as well as other public bodies, formed in accordance with the Constitution, with the established range responsibility for the implementation and maintenance of office of the public authority, pay and responsibility for the execution of these duties. You can now list the main duties of persons in the public service (applies to items 2 and 3 cm. Above): providing support for the constitutional order and respect for the Constitution, the implementation of federal laws and laws of subjects of the Russian Federation, the conscientious performance of official duties, enforcement of rights and legitimate interests of citizens, execution of orders, adoption within the competence of citizens and local authorities and taking decisions, keeping state and other secrets protected by law, as well as non-disclosure became known to him in connection with official duties information affecting privacy honor and dignity of citizens and others.

• 4)    Civil servants and employees of local government are not among the officials. For the existence of such an exception, because the first three categories of subjects related to the officials, the law specifies two conditions: a) - a person must be in the public service in local government; and b) - a person should not have the authority official. Local governments - is elected and other bodies endowed with powers to address local issues. These subjects (related to para. 4) may be responsible for items considered by us only in the cases stipulated by the relevant articles (Art. 288, p. 292).

Conclusions: Having considered the signs of a mental element inherent in this group of crimes and bottom line should bring the definition of crimes that relate to crimes against the state, the interests of public service and service in local government, it is socially dangerous act (action or inaction), committed by the authorities and officials, thanks occupied their position and contrary to the interests of the service, and cause substantial harm to the normal functioning of public authorities, the interests of the public service or service in local government or contain real threat of such harm.

System of special subjects - employees includes: a) state and municipal employees who are represented by two groups of subjects: officials, including persons who hold public office in Russia or the subjects of the Russian Federation, and state and municipal officials, non-officials; b) employees of commercial or other organizations that are represented by two groups of subjects: persons performing managerial functions in these organizations and other employees.