Article 290 of the Criminal Code of the Russian Federation
Article 290 of the Criminal Code of the Russian Federation provides for liability for a particularly serious corruption crime, expressed in the receipt of a bribe by an official for an action or inaction. The degree of guilt for crimes under Article 290 of the Criminal Code of the Russian Federation is determined depending on the size of the bribe and the official position of the accused:
- official of the Russian Federation;
- foreign official;
- official of an international organization;
- a person holding a public position in the Russian Federation or its subject.
Also, the determination of the charge and sentence is influenced by the size of the bribe, the fact of extortion of a bribe and the commission of a crime by a group of persons.
Article 290 of the Criminal Code of the Russian Federation
The text of Article 290 of the Criminal Code of the Russian Federation is based on Federal Law No. 63 of June 13, 1996. Moreover, the last edition of the article was carried out recently - on July 3, 2016 (Federal Law No. 324), and changes to Federal Law No. 63 were made even later - on December 31, 2022. The current text of Article 290 of the Criminal Code of the Russian Federation for 2022 has the following content:
Also, Article 290 of the Criminal Code of the Russian Federation contains notes regarding the determination of a significant amount of a bribe and a foreign official:
A bribe is... Definition by law, types of bribes
The definition of a bribe can be found in various dictionaries and encyclopedias. Thus, according to the encyclopedic dictionary of Brockhaus and Efron, “a bribe is a gift that officials accept for actions or inactions in the service.” The definition of a bribe under the law can be derived from Article 290 of the Criminal Code of the Russian Federation. Thus, in Russian legislation, a bribe is understood as money, securities, other property or property rights, as well as services provided to an official for performing actions (inaction) in favor of the bribe-giver or a person who represents the bribe-giver, if these actions (inaction) are included in official duties of the bribe recipient or in cases where the bribe recipient, due to his official position, can contribute to the specified actions (inaction).
Classification and types of bribes
The classification of bribes is quite broad. The subject of the crime is divided into:
- by method of transmission (veiled or explicit);
- by purpose (bribery or extortion);
- by time of transfer (bribery or gratitude);
- by content (money, property rights, etc.);
- by size (small, medium, large or especially large bribery).
Bribery involves 3 main categories of crime: receiving a bribe, giving a bribe and intermediary in bribery. The Criminal Code of Russia identifies petty bribery as a separate crime.
The most common types of bribes in 2022:
a) “kickback” (return of part of the cost of goods, work or services) b) deliberate loss in gambling c) fictitious contract for the provision of services and payment for them d) repayment of the bribe-taker’s debt e) granting the bribe-taker the right to use property on preferential terms f) sale or purchase of goods, respectively, at an underestimated or overestimated cost
Appeal against a court verdict
When announcing the verdict, the judge practically encrypted the judicial investigation in which she participated.
When drafting the appeal, I had to work not as a defense attorney, but as a decipherer of the verdict.
I was painfully searching for a form for submitting arguments in an appeal. And I came to the following thoughts: if you describe all the violations, the complaint will become ponderous and unreadable.
At one time, a very long time ago, when in a very complex economic case, my opponent was the Great Lawyer Yuri Artemyevich Kostanov, he then still wrote a cassation appeal briefly (only six sheets), of course, without references to the Court of Justice, relying only on the case materials, passed the verdict in the Moscow City Court in one sitting.
I decided to draw up an appeal in the style of lawyer Yu.A. Kostanov. having examined only the evidence in the case and compared it in the verdict.
I composed it from two directions as follows:
About non-subject, violation of substantive law and about provocation. Moreover, the arguments about provocation stimulate the decision to reclassify to a less serious crime.
Lawyer under Article 290 of the Criminal Code of the Russian Federation
A qualified lawyer, according to Article 290 of the Criminal Code of the Russian Federation, must convince the court of his client’s innocence, since the punishment for such crimes is quite serious - officials found guilty are often sentenced by the court to imprisonment to be served in a maximum security colony. However, even when catching a criminal red-handed, our lawyer under Article 290 of the Criminal Code of the Russian Federation, relying on his experience and knowledge, will try to do everything possible for his client so that the latter’s sentence does not exceed a fine and deprivation of the right to hold certain positions. You can get advice from a lawyer under 290 of the Criminal Code of the Russian Federation by phone in St. Petersburg. The cost of a lawyer under 290 of the Criminal Code of the Russian Federation for assistance at the stage of investigative actions: from 75 thousand rubles, in court - from 80 thousand rubles.
Consultation with a lawyer under Article 290 of the Criminal Code of the Russian Federation
Below are the most popular questions asked to our hotline. Please note that the initial consultation with a lawyer under Article 290 of the Criminal Code of the Russian Federation is free and can be provided by telephone.
Question: Is parole possible under Article 290 of the Criminal Code of the Russian Federation? Lawyer under 290 of the Criminal Code of the Russian Federation: In accordance with Article 79 of the Criminal Code of the Russian Federation, the parole of a convicted person under 290 of the Criminal Code of the Russian Federation is possible if the convicted person has actually served at least two-thirds of the total term of the sentence.
Question: How much is a significant bribe? Lawyer under Article 290 of the Criminal Code of the Russian Federation: The significant amount of the bribe in monetary terms exceeds 25 thousand Russian rubles. Large (over 150 thousand rubles) and especially large (over 1 million rubles) bribe amounts are also provided.
Question: How to avoid punishment under Article 290 of the Criminal Code of the Russian Federation? Lawyer under Article 290 of the Criminal Code of the Russian Federation: For an objective answer, it is necessary to understand your situation in detail. For this purpose, it is necessary to conclude an agreement for the provision of services by a lawyer under Article 290 of the Criminal Code of the Russian Federation, thereby giving him the right to request familiarization with all the materials of the case.
Question: Is a gift a bribe? Lawyer under Article 290 of the Criminal Code of the Russian Federation: From a legal point of view, a gift is not a bribe if it does not imply a reciprocal obligation for an action or inaction. The legal definition of a gift is given in Article 572 of the Civil Code of the Russian Federation.
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Article 290 of the Criminal Code of the Russian Federation, comments imply a definition of the subject of the bribe, the subject and objective side of the crime, as well as ballots and decisions of the Plenum of the Supreme Court, directly affecting issues of 290 of the Criminal Code of the Russian Federation.
Bribe items include:
- material goods (for example: money, property, securities);
— services of a property nature (for example: performance of work at a reduced cost, reduction of rent or loan cost, payment of transport and other expenses);
— property rights (for example: the right to use or lease property, the right to remuneration for a work, the right to social benefits and allowances).
Intangible services cannot be considered a bribe.
The objective side of the crime is considered to be not only the fact of physical receipt of a bribe (the accused accepted the bribe or put it in his jacket, table, bag, car, etc.), but even only consent to receive it (the accused did not object to money was put on his table, in his bag, in his jacket pocket, etc.).
Thus, the crime is considered completed from the moment the bribe or part of it is received, regardless of whether the action (inaction) for which the reward was implied was carried out.
Actions (inactions) of an official within his official powers should be understood as actions (inactions) that he is authorized to perform in accordance with his powers and which formally comply with the requirements of the law, other regulations and other legal acts.
In this case, giving a bribe is due, for example, to the desire of the bribe giver to speed up the official’s adoption of the relevant decision or to influence the choice (within the competence or discretion of the official) of the most favorable decision for himself or the persons represented, or other similar motives” (Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 22, 2012 No. 7 “On amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 No. 6 “On judicial practice in cases of bribery and commercial bribery”).
In some cases, at the stage of preliminary investigation, a lawyer under 290 of the Criminal Code of the Russian Federation can reclassify a criminal case under a softer article - 159 (Fraud), proving that the recipient of the bribe did not have sufficient official authority to fulfill counter-obligations.
When an official receives several bribes, a combination of crimes occurs; each crime must be qualified independently (Part 1 of Article 17 of the Criminal Code). A set of crimes is also formed by cases of simultaneous receipt by an official of bribes from several persons, if a separate action is (should be) committed in relation to each of the bribers.
At the same time, individual actions in relation to each of the bribe-payers may be identical in their actual content (for example, imposing a non-custodial sentence on each of the bribe-payers).
It is necessary to distinguish from a set of crimes a single ongoing crime, when a bribe is transferred in several stages for the performance or failure to perform actions that ensure the desired result for the bribe giver. The systematic receipt of material assets or benefits from the same bribe-payers for general patronage or connivance in their service should also be considered a single ongoing crime. The action of an official committed for a bribe in the common interests of several bribe-givers does not constitute a set of crimes.
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How the plot unfolded
Construction! The developer, a state-owned enterprise - State Unitary Enterprise Construction Organization - "A", entered into a general construction contract with the general contractor - OJSC Construction. The general contractor - “B” has a subcontract agreement with the construction company. The subcontractor subcontracted the work again.
This is the pattern of relationships.
One evening, senior construction workers were sitting, drinking beer, and one of them had the idea to dial the phone number of the construction foreman and get money from him.
Why did they come up with such an idea? The construction foreman has been running around the entire construction site like crazy for two months now, with a wad of money in his pocket, trying to get someone to force the employee of State Unitary Enterprise - A (my client) to sign the certificates of completed construction work.
Well, they decided that they were drunk, since the foreman was offering money to everyone, why should it go to waste, otherwise others will take it. At night, the construction foreman arrived and handed over the money to the responsible employees of the general contractor, the construction company, naturally under the control of FSB representatives.
In cases of bribery, one of the primary issues is resolved; TO WHOM? and FOR WHAT?
An interesting dialogue took place on the record between the intermediary and the provocateur: The representative explained that this money would go to him personally. And that his representative will provide further construction contracts, and will also provide personal patronage for only 800,000 rubles in the form of an entrance ticket.
And not a word about construction documents, not a word about my client. The employee was clearly pulling the blanket over himself. After the employee was detained, the next day, already under control, the intermediary called my client to come to the construction site and at the construction site impose money on the representative of the developer of the state-owned enterprise SUE.
