Ответственность юридических лиц за преступления коррупционной направленности

Abstract

The article contains theses of the speech at the International Scientific and Practical Conference: Liability for Corruption-Related Crimes. Prevention Measures, Legal Regulation Issues and Possible Solutions held in Moscow on April 6, 2017, by the Investigative Committee of the Russian Federation and the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia). The article draws attention to the fact that the specific matter of corruption combatting-related crimes using the criminal law means cannot be viewed separately from the more general issues related to the development of the Russian criminal laws in general. The author states the prospects of introduction of criminal liability of legal entities in the Russian Federation, justifies the objective dependence of establishment of criminal liability of legal entities for commitment of corruption-related offences. The article stresses that many countries of the world have already established criminal liability for legal entities, and the Russian interests are violated when foreign authorities have a right to bring Russian legal entities to criminal liability while the Russian law enforcement authorities can raise a question of bringing foreign legal entities to administrative liability only. Apart from that, the author notes that the need to introduce criminal liability of legal entities is driven by the membership of the Russian Federation in some international organizations and its being a party to some international conventions. The article gives reasons indicating insufficient efficiency of the institution of administrative liability of legal entities for corrupt practices, which exists in the Russian Federation. As a transitional stage to the establishment of criminal liability of legal entities, the author suggests keeping the existing liability types (criminal one for individuals and administrative one for legal entities), while abandoning different procedural models of bringing to liability in the event that interrelated acts are committed, i.e. reviewing such offences in the course of criminal proceedings.