Квалифицирующий признак мелкого взяточничества (ч. 2 ст. 291.2 УК РФ)

Abstract

In the field of countering corruption law enforcement agencies periodically face problems of qualifying the crimes under Articles 290, 291, 291.1, Part 2 of Article 291.2 of the Criminal Code.
 These issues are the subject of ongoing discussions in the scientific community.
 In this regard, the purpose of this article is to study the validity of the recognition by the legislator as a qualifying sign of petty bribery such a characteristic as an individual’s criminal record for committing crimes under Articles 290, 291, 291.1 of the Criminal Code or Article 291.2 of the Criminal Code of the Russian Federation.
 Taking into account statistical data, indicating an increase in the number of persons sentenced under Part 2 of Article 291.2 of the Criminal Code of the Russian Federation over the past two years, as well as national legislative experience of establishing increased criminal responsibility for persons previously convicted of similar crimes, and analysing scientists’ opinions on the matter, the author justifies a positive answer to this question. In addition, the article focuses on the optimality of the existing legislative version of Part 2 of Article 291.2 of the Criminal Code. In order to implement the idea of enhancing criminal liability against persons with a criminal record for similar crimes, the author considers it possible to expand the list of articles indicated in Part 2 of Article 291.2 of the Criminal Code of the Russian Federation, to include all acts related to taking and giving unlawful remuneration.
 During the research the following methods were used: statistical, systematic, comparative, statutory interpretation, historical.
 Results. As a result the following edition of qualifying elements of petty bribery is proposed: «The same acts committed by a person, having a criminal record for offences, provided by Articles 184, 200.5, 200.7, 204, 204.1, 204.2, 290, 291, 291.1, 291.2 of the present Code.