The distinction between giving a bribe and provocation of a bribe in the criminal law of Russia

Abstract

The article deals with the issue of distinguishing between two criminally punishable acts that have similar signs of the elements of the crime - giving a bribe and provocation of a bribe. The author analyzes the objective and subjective signs of these elements of the crime. Based on the analysis of bribery and provocation of a bribe, the signs of difference and similarity of these crimes are highlighted. The author concludes that the differentiation of the studied elements of crimes is based on the differences in their objective and subjective characteristics. However, the author points out that when qualifying a criminal act with the external similarity of the crimes under consideration by the law enforcement officer, the key attention should be paid to the distinctive features contained in the subjective side of these acts. In order to properly qualify criminally punishable acts containing signs of provocation of a bribe, the author recommends making appropriate amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of July 9, 2013 "On Judicial practice in cases of bribery and other corruption crimes".