Receiving a bribe under aggravating circumstances in the criminal legislation of the Republic of Armenia and the Russian Federation: comparative analysis

The article analyzes the qualifying and especially qualifying signs of receiving a bribe, which are enshrined in the criminal laws of the Republic of Armenia and the Russian Federation, and in the draft of the new Criminal Code of the Republic of Armenia, which does not differentiate responsibility for receiving bribes in large and especially large size, as well as by a group of persons upon a preliminary collusion or by an organized group. It is stated that the public danger of white-collar crimes in general and bribery in particular is determined on the basis of the behavior and intent of an official, and not by the consequences, however, it is proved that the size of bribe is an indirect but fairly accurate indicator of the degree of public danger of the crime, because the more important the goal, the more money required to achieve it. The author emphasizes that according to the generally accepted approach, a common subject cannot be a performer, and therefore a co-performer of bribery and offers a basic approach which is enshrined in paragraph 3, Part 16 of the resolution of the Plenum of the Supreme Court of July 09. 2013. N 24 to establish at the legislative level. The author substantiates the expediency of establishing differentiation of the subjective side of the delicti of receiving a bribe in the Armenian legislation. The author also argues for the conclusion that it is necessary to criminalize the act of forcing an official to give an unlawful advantage.