Проблемы совершенствования норм об ответственности за коррупционные преступления в судебной системе

Abstract

The article examines the issues of comparative public danger of corruption crimes committed in the executive, legislative and judicial authorities, and the specificity in the nature and degree of their public danger. It is noted that all branches of government are equivalent, they differ from each other by functional and competence filling, at the same time it is the judiciary that has wide opportunities, which are not available to other branches of government. Therefore, corruption in the judicial system disturbs the normal functioning of all parts of the government bodies’ organization, and therefore is the most dangerous phenomenon. On this basis, it is proposed to introduce amendments to the criminal legislation aimed at strengthening the responsibility of judges for crimes of corruption, primarily for bribery. In particular, the author justifies the need to supplement part 6 of Article 290 of the Criminal Code of the RF with the special qualifying sign «bribe taking by a judge», and offers to include the list of the aggravating circumstances in part 1of Article 63 of the Criminal Code of the RF the paragraph «commitment of a crime by a judge, including a retired judge». It is proposed to establish only imprisonment as the main punishment for the most dangerous crimes of corruption (bribery, giving a bribe), to introduce confiscation of property as an additional punishment (in this connection, a proposal to restore confiscation of property as an additional punishment in the General Part of the Criminal Code is made), and to exclude the possibility of a special procedure for bringing judges to criminal responsibility. According to the author, the qualification boards of judges should be left only with the authority to deal with disciplinary responsibility of judges, the actions of operational and investigative nature should also be applied to judges on a general basis.