Bribe in the form of property rights
Автор: Borkov V.N.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Теория и практика правоохранительной деятельности
Статья в выпуске: 1 (54), 2024 года.
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The article examines the phenomenon of the subject of a bribe, taking into account the decisions of the Constitutional and Supreme Courts of the Russian Federation, as well as courts of general jurisdiction. Using the example of a case on the fictitious employment of the official’s spouse and the property rights that arose in this regard, as well as the use of official powers by the guilty party in the interests of the bribe giver, the article analyzes the specifics of receiving a bribe in the form of granting property rights. It is shown that with this method of bribery, the subject of the bribe is the bribe giver’s expenses on creating property rights for the official, and not the benefit received by the official from its implementation. The amount of a bribe in the form of granting property rights, as a rule, does not coincide with the income from the implementation of the relevant right. The implementation of the property right granted to the bribe giver may consist in the fulfillment of property obligations by third parties. In the latter case, the bribe is received by instructing the bribe giver to transfer it to another individual or legal entity.
Receiving a bribe, general patronage and connivance, the subject of the bribe, granting property rights, fictitious employment, an instruction to transfer the bribe to another person
Короткий адрес: https://sciup.org/140303980
IDR: 140303980