TO THE QUESTION OF THE MOMENT OF THE END OF ACCEPTING A BRIBE
DOI:
https://doi.org/10.52026/2788-5291_2022_68_1_117Keywords:
taking a bribe, the moment of the end of a criminal offense, mediation in bribery, the amount of a bribe, property benefits, preparation, attemptAbstract
Bribery is one of the most dangerous corruption crimes that undermine the authority of state power, infringe on the constitutional rights of citizens, and have a negative impact on the moral health of the nation.
Successful anti-corruption includes the application of both social and legal measures. Among the measures of a legal nature, a special place is given to the criminal law, applying which, judicial and law enforcement agencies in the process of qualification give a proper legal assessment of the committed act.
The article is devoted to one of the most problematic issues of bribery qualification – the moment of the end of bribe-taking. The author states the debatable nature of the issue of the moment of the end of accepting a bribe, provides the approaches available in the doctrine to its definition. The article analyzes the provisions of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 8 "On the practice of considering certain corruption crimes", and notes the obvious insufficiency of explanations of the supreme judicial body on this issue.
The question of the moment of the end of accepting a bribe is investigated in detail in the presence of various circumstances: when a bribe is transferred through an intermediary; when a bribe is handed over to someone close to the bribe recipient; when the intention to take a bribe in a significant, large or especially large size was not realized. The issue of the end of taking a bribe, when the subject of the bribe is the benefits of a property nature, is also considered. Considerable attention is paid in the article to the problem of distinguishing the preparation for accepting a bribe from the criminally non-punishable detection of intent.
The article formulates the author's concept of qualification of bribe-taking under these circumstances. In order to unify law enforcement practice, the author proposed qualification criteria that, in his opinion, correctly determine the time of the end of taking bribes.