Today in our country there is a huge number of crimes in the economic sphere, and one of them is commercial bribery, which is a threat to its normal functioning. This term implies two opposite corpus delicti. The first is the illegal receipt by a person engaged in managerial activities in an organization (commercial or other) of money, securities and other property or property-type services for committing actions (inaction) in favor of the giving person. On the other hand, commercial bribery is considered to be an illegal transfer to a person carrying out managerial activities in the organization of the above material goods that are the subject of bribery for committing actions (inaction) in favor of the giver.
The main object of this crime is considered the normal activity of an organization that is not related to state or municipal institutions or bodies. We can say that the Russian legislation in article 204 of the Criminal Code of the Russian Federation under this term combines two related crimes: bribery in the form of receiving illegal remuneration and bribery in the form of giving illegal remuneration. In situations where extortion is accompanied by bribery, the legitimate interests and rights of organizations, citizens, and the interests of the state and society protected by law can be considered as additional objects.
In its subject, commercial bribery is slightly different from a bribe. In particular, the subject of receiving a bribe is considered to be a property benefit, and illegal property services are considered to be a bribe. Unlike a bribe, commercial bribery is only illegal actions (inaction). In the case of a bribe, the spectrum is wider: legal and illegal actions (inaction), connivance and general patronage of the service. Compassion refers to the failure to take adequate measures for violations and omissions in official activities. To patronage - an undeserved promotion, promotion.
Commercial bribery is a crime of small (part 1 of the Criminal Code of the Russian Federation) and moderate (if classified in parts 2-4). Actions are considered bribery when his subject is transferred not only to the person directly carrying out managerial functions, but also to his close and dear people. True, there is one indispensable condition: a person performing managerial functions must agree to transfer the subject or not object to this and use his official levers in favor of the bribing person.
This crime is considered completed from the moment of full or partial receipt (transfer) of illegal material goods or services. The grounds for receiving or transferring the subject of a crime may be explicit or veiled under the guise of a fee, gift, or loss. In addition, there is the concept of attempted bribery. In this case, an attempt is considered a situation when one of the parties refused to receive (transfer) illegal remuneration, and the second side took certain actions for this, and not only expressed its intentions in this regard.