Theoretical aspects of differentiation of criminal liability for taking bribes

Автор: Amosova Anna Aleksandrovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 11, 2020 года.

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The paper analyzes theoretical approaches to the differentiation of criminal liability for accepting a bribe. It also discusses the opinions of legal scholars, as well as the content of the current legislation as part of this study, taking into account all the changes made to it. The study notes that the improvement of the norms of Chapter 30 of the Criminal Code of the Russian Federation and the development of their system is associated with the ratification of a number of international treaties by the Russian Federation, but requires further adjustment, taking into account the principles of criminal law. The author concludes that the basis for the differentiation of criminal liability for accepting a bribe is the typical degree of public danger of the deed and the person who commits this criminal act. At the same time, the establishment of differentiated criminal liability is the sphere of activity of the legislator, and individualization is the sphere of activity of the law enforcement officer, which corresponds to the implementation of such fundamental principles of criminal law as fairness and humanism in the administration of justice in criminal cases. Based on the results of the study, the author concludes the need to further improve the differentiation of criminal liability for accepting a bribe, in particular, the division of officials who have committed this crime, based on the nature of their official functions. The author considers it possible to take into account the consequences that have occurred or could have occurred as a result of a person receiving a bribe.

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Corruption, bribery, criminal liability, differentiation of criminal liability, means of differentiation of criminal liability, amount of bribe, official

Короткий адрес: https://sciup.org/149134376

IDR: 149134376   |   DOI: 10.24158/tipor.2020.11.16

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