"Supposed" mediation in bribery: problems of theory and law enforcement

The article considers the problems of qualifying «supposed» mediation in bribery, that is, the actions of a «false mediator» aimed at taking possession of the subject of a bribe and turning it in its favor. Particular attention is paid to the controversial issues of qualifying their actions in case of intent to seize the values received from the briber after their acceptance. Taking into account the recommendations of the Supreme Court of the Russian Federation regarding mediation in bribery and fraud, possible formulas for qualifying such actions, available in the doctrine of criminal law, as well as in judicial practice, are analyzed. Based on the study, such actions are suggested to be qualified under Art. 159 of the Criminal Code of the Russian Federation as theft of one’s property by breach of trust. It is pointed out that it is necessary to develop additional recommendations to ensure the uniformity of law enforcement practice in this category of cases.