ҚАЗАҚСТАН РЕСПУБЛИКАСЫ ЖОҒАРҒЫ СОТЫНЫҢ ПАРАҚОРЛЫҚТЫ САРАЛАУ МӘСЕЛЕЛЕРІ БОЙЫНША ТҮСІНДІРМЕЛЕРІНІҢ ДАУЛЫ ҚАҒИДАЛАРЫ
Keywords:
regulatory resolution of the Supreme Court, bribery, bribery mediation, bribe-giver, attempted bribery, "pseudo-mediation»., imitation of criminal activity, "pseudo-mediation».Abstract
The article is devoted to the most problematic issues of bribery qualification, causing significant difficulties in law enforcement practice and not finding an unambiguous solution in criminal law theory. The regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015, № 8 "On the practice of consideration of some corruption crimes" is analyzed in detail. Some problems of bribery qualification, according to the author, which have not found sufficient coverage in this decision, are considered.
The question of application of an aggravating circumstance "receiving a bribe for illegal actions" is investigated. It is stated that a large number of mistakes made by the courts in the application of this qualifying feature. It is offered to inclusion in the Resolution of the added list of types of actions, which Commission within h. 2 article 366 of the criminal code should be assessed as illegal.
The problem of qualification of encroachment on giving-receiving a bribe in the considerable, large or especially large size in a situation when it was not possible to receive a bribe in the specified sizes is subjected to the analysis. Proposed consolidation of the Regulation specifying the qualifications of such acts as the assassination of giving/receiving a bribe in these sizes.
The question of qualification of receiving a bribe committed in the conditions of operational search activities in the form of imitation of criminal activity is considered in detail. Qualification of this situation as the finished crime if the subject of a bribe was actually accepted by the bribe recipient is proved. It is proposed to make an appropriate addition to the Resolution.
Much attention is paid to the problem of qualification of "pseudo-mediation" in bribery. The inadmissibility of the qualification of the act as fraud provided in the Resolution is substantiated. This conflict within the framework of the current legislation is estimated by the author as insoluble. In order to overcome it, it is proposed to introduce into the criminal code a rule on liability for the promise or offer of mediation in bribery as a completed crime.