Criminal liability for bribing an arbitrator in the criminal legislation of foreign countries

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the article examines the foreign experience in the regulation of criminal liability for bribery of an arbitrator (arbitrator). there are four groups of states, depending on the legal family: romano-germanic, anglo-saxon, socialist and muslim. criminal legislation is being investigated: germany, france, great britain, usa, china and uae. materials and methods: the normative basis of the study is formed by the criminal legislation of foreign countries regarding the regulation of liability for bribery of an arbitrator (arbitrator). the methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, the comparative legal method, methods of analysis, generalization and description. the results of the study: summarized foreign experience of legal regulation of criminal liability for bribery of an arbitrator (arbitrator). findings and conclusions: criminal law provisions on liability for bribery of an arbitrator (arbitrator) are provided in many states. depending on the legal family, which includes the state, different approaches to the regulation of criminal liability for bribery of an arbitrator (arbitrator) have been identified. in the states of the romano-germanic legal family (germany, france) there are special articles (parts of articles) dedicated specifically to arbitrators (arbitrators), and in the states of the anglo-saxon legal family (great britain, usa), the criminal liability of an arbitrator (arbitrator) is provided for by general laws, providing for liability for bribery of officials. this is due to the inclusion, or, on the contrary, not including, arbitration courts in the judicial system of the state. in the states of the socialist legal family (china), there is no criminal liability for bribery of an arbitrator (arbitrator). however, in the prc, criminal liability has been established for an arbitrator of a knowingly illegal decision contrary to the facts in arbitration proceedings (art. 399-1 of the criminal code of the china). in the states of the muslim legal family (uae), today there is no criminal liability for bribery of an arbitrator (arbitrator). meanwhile, until 2018, such responsibility took place.

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Bribery of an arbitrator (arbitrator), obtaining a benefit, bribe, payment for the arbitrator's activities, making an unjust decision, arbitration (arbitration), arbitrator (arbitrator), arbitration courts, foreign experience, comparative legal analysis

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Короткий адрес: https://sciup.org/143179526

IDR: 143179526   |   DOI: 10.55001/2312-3184.2022.92.36.009

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