Article 184 of the Criminal Code of the Russian Federation Exerting unlawful influence on the result of an official sports competition or spectacular commercial competition

ST 184 of the Criminal Code of the Russian Federation.

1. Transfer to an athlete, sports judge, coach, sports team leader, other participant or organizer of an official sports competition (including their employee), as well as a jury member, participant or organizer of a spectacular commercial competition of money, securities, other property, as well as provision of services of a property nature to him, provision of other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are provided to another individual or legal entity) for the purpose of exerting unlawful influence on the result of an official sports competition or entertainment commercial competition, or coercion or inducement of such persons to exert this influence, or preliminary conspiracy with such persons for the same purposes -

shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of four months to one year, or by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with a fine in the amount of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to five months or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

2. Acts provided for in part one of this article and committed by an organized group -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of two to five years, or by forced labor for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

3. Receipt by an athlete, coach, sports team leader or other participant in an official sports competition, as well as a participant in a spectacular commercial competition, money, securities, or other property, as well as the use of property services or other property rights (including when, at the direction of such person's property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity) or a preliminary conspiracy of such persons for the purpose of unlawfully influencing the result of an official sports competition or spectacular commercial competition -

shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of four months to one year, or by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with a fine in the amount of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to five months or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

4. Acts provided for in part three of this article and committed by a sports judge or the organizer of an official sports competition, as well as a member of the jury or the organizer of a spectacular commercial competition, -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of two to five years, or by forced labor for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

5. Mediation in the commission of acts provided for in parts one through four of this article, in a significant amount -

shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by correctional labor for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to four years with a fine of up to fifty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months or without it and with or without deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years.

Note.

Lost power.

Notes. 1. In part five of this article, a significant amount is recognized as an amount of money, the cost of securities, other property, property services, other property rights exceeding twenty-five thousand rubles.

2. A person who has committed a crime provided for in part one, two or five of this article is exempt from criminal liability if he actively contributed to the disclosure and (or) investigation of the crime and either extortion took place against him, or this person voluntarily reported the crime committed to the authority that has the right to initiate criminal proceedings.

Part 1 art. 184 of the Criminal Code of the Russian Federation

Transfer to an athlete, sports judge, coach, sports team leader, other participant or organizer of an official sports competition (including their employee), as well as a jury member, participant or organizer of a spectacular commercial competition of money, securities, other property, as well as provision to him services of a property nature, provision of other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are provided to another individual or legal entity) for the purpose of exerting unlawful influence on the result of an official sports competition or spectacular commercial competition , or coercion or inducement of such persons to exert this influence, or preliminary conspiracy with such persons for the same purposes - is punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of four months to one years, or forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with a fine of up to one hundred thousand rubles or the amount of wages or other income of the convicted person for a period of up to five months or without it and with or without deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years.

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Part
I
(up to 5 years)

- Part 1 184 of the Criminal Code

giving a bribe to influence the outcome of a sports competition

Part
II
(up to 7 years)

- Part 2 184 of the Criminal Code

organized group

Part
III
(up to 5 years)

- Part 3 184 of the Criminal Code

taking a bribe

Part
IV
(up to 7 years)

- part 4 184 of the Criminal Code

taking a bribe by a sports judge

Part
V
(up to 4 years)

- Part 5 184 of the Criminal Code

mediation in giving a bribe in a significant amount

Notes

- note 1

significant size over 25,000 rub.

—
note 2
with active cooperation the person is released

Article 184 of the Criminal Code. Exerting unlawful influence on the result of a sports competition or competition

1) Transfer for the purpose of exerting unlawful influence on the result of an official sports competition or spectacular commercial competition:

- athlete,

- sports referee,

- to the coach,

- head of a sports team,

- another participant or organizer of an official sports competition (including their employee),

- as well as a jury member, participant or organizer of a spectacular commercial competition:

- money, securities, other property,

- as well as the provision of property services to him,

— granting other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity),

- or coercion;

- or inducing such persons to exert this influence;

- or a preliminary conspiracy with such persons for the same purposes,

punishable:

2) Acts provided for in Part 1 of this article and committed by an organized group,

are punished:

3) Receipt by an athlete, coach, sports team leader or other participant in an official sports competition, as well as a participant in a spectacular commercial competition, money, securities, other property, as well as the use of property services or other property rights (including when, at the direction of such person's property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity) or a preliminary conspiracy of such persons for the purpose of illegally influencing the result of an official sports competition or spectacular commercial competition,

punishable:

4) Acts provided for in Part 3 of this article and committed by a sports judge or organizer of an official sports competition, as well as a member of the jury or organizer of a spectacular commercial competition,

are punished:

5) Mediation in the commission of acts provided for in Part 1 of this article, in a significant amount,

punishable:

Notes.

1) A significant amount in Part 5 of this article is considered to be an amount of money, the cost of securities, other property, property services, other property rights exceeding 25,000 rubles.

2) A person who has committed a crime under Part 1, Part 2 or Part 5 of this article is exempt from criminal liability if he:

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- paragraph 30

Plenum No. 58 what actions are considered active promotion

— actively contributed to the detection and (or) investigation of the crime;

- and either there was extortion against him;

- or this person voluntarily reported the crime committed to an authority that has the right to initiate a criminal case.

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Part 2 art. 184 of the Criminal Code of the Russian Federation

The acts provided for in the first part of this article and committed by an organized group are punishable by a fine in the amount of five hundred thousand to one million rubles or in the amount of wages or other income of the convicted person for a period of two to five years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

Part 3 art. 184 of the Criminal Code of the Russian Federation

Receipt by an athlete, coach, sports team leader or other participant in an official sports competition, as well as a participant in a spectacular commercial competition, money, securities, or other property, as well as the use of property services or other property rights (including when, at the direction of such a person, the property transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity) or a preliminary conspiracy of such persons for the purpose of unlawfully influencing the result of an official sports competition or spectacular commercial competition - is punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles or the amount of wages or other income of the convicted person for a period of four months to one year, or forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with a fine in the amount of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to five months or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

Part 4 art. 184 of the Criminal Code of the Russian Federation

Acts provided for in part three of this article and committed by a sports judge or the organizer of an official sports competition, as well as a member of the jury or the organizer of a spectacular commercial competition, are punishable by a fine in the amount of five hundred thousand to one million rubles or in the amount of the salary or other income of the convicted person for the period from two to five years, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities activities for a period of up to three years or without it.

Part 5 art. 184 of the Criminal Code of the Russian Federation

Mediation in the commission of acts provided for in parts one to four of this article, in a significant amount, is punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by correctional labor for a term of up to two years with imprisonment. the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to four years with a fine in the amount of up to fifty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months or without it and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

Note. Lost power. – Federal Law of July 3, 2016 N 324-FZ.

Notes.

1. In part five of this article, a significant amount is recognized as an amount of money, the cost of securities, other property, property services, other property rights exceeding twenty-five thousand rubles.

2. A person who has committed a crime provided for in part one, two or five of this article is exempt from criminal liability if he actively contributed to the disclosure and (or) investigation of the crime and either extortion took place against him, or this person voluntarily reported the crime committed to the authority that has the right to initiate criminal proceedings.

Article 183 of the Criminal Code of the Russian Federation Illegal receipt and disclosure of information constituting commercial, tax or banking secrets

Article 185 of the Criminal Code of the Russian Federation Abuses in the issuance of securities

Table of contents

Commentary to Art. 184 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The subject of bribery, based on Part 3 of the article, can be money, securities, other property, as well as property services provided without payment (apartment renovation, etc.), other benefits and advantages.

2. In parts 1 and 2 the act consists of:

a) illegal transfer to athletes, judges, coaches, sports team leaders and other participants (for example, a match inspector) or organizers of official sports competitions, as well as organizers, participants or jury members of spectacular commercial competitions, of the subject of bribery for committing unlawful actions or inaction affecting results of competitions or competitions;

b) coercion or

c) inducing said persons to exert this influence;

d) prior agreement with these persons.

The subject of the crime here is a person who has reached the age of 16, i.e. one who bribes.

The subjective side is characterized by direct intent and the goal of exerting an unlawful influence on the result of a competition or competition.

3. According to Parts 3 and 4 of Art. 184 of the Criminal Code, liability arises for: a) receiving or using the subject of bribery or for obtaining other benefits and advantages; b) preliminary conspiracy to exert unlawful influence on the result of a competition or competition.

Special subject - persons who were bribed, i.e. athletes, judges, etc.

4. Bribery is recognized as a completed crime if the specified persons accepted at least part of the material reward or services of a material nature. Whether they fulfilled what they promised or not does not affect the resolution of the issue of ending the crime.

5. The person who provided the bribe is subject to release from criminal liability under the conditions established by the note to the article.

6. Intermediary actions in bribery entail criminal liability under Part 5 of Art. 184 of the Criminal Code. A prerequisite for bringing criminal liability for intermediary actions is a significant amount (over 25 thousand rubles).

Commentary to Art. 184 Criminal Code

1. The subject of bribery, based on Part 3 of the article, can be money, securities, other property, as well as property services provided without payment (apartment renovation, etc.), other benefits and advantages.

2. In parts 1 and 2, the act consists of: a) illegal transfer to athletes, judges, coaches, sports team leaders and other participants (for example, a match inspector) or organizers of official sports competitions, as well as organizers, participants or jury members of entertainment commercial competitions the subject of bribery for committing illegal actions or inaction affecting the results of competitions or contests; b) coercion or c) inducement of these persons to exert this influence; d) prior agreement with these persons.

The subject of the crime here is a person who has reached the age of 16, i.e. one who bribes.

The subjective side is characterized by direct intent and the goal of exerting an unlawful influence on the result of a competition or competition.

3. According to Parts 3 and 4 of Art. 184 of the Criminal Code, liability arises for: a) receiving or using the subject of bribery or for obtaining other benefits and advantages; b) preliminary conspiracy to exert unlawful influence on the result of a competition or competition.

Special subject - persons who were bribed, i.e. athletes, judges, etc.

4. Bribery is recognized as a completed crime if the specified persons accepted at least part of the material reward or services of a material nature. Whether they fulfilled what they promised or not does not affect the resolution of the issue of ending the crime.

5. The person who provided the bribe is subject to release from criminal liability under the conditions established by the note to the article.

6. Intermediary actions in bribery entail criminal liability under Part 5 of Art. 184 of the Criminal Code. A prerequisite for bringing criminal liability for intermediary actions is a significant amount (over 25 thousand rubles).

Commentary on Article 184 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The direct object of the crime under consideration is the established procedure for organizing and conducting professional sports competitions and spectacular commercial competitions.

The subject of bribery is defined in the law as money, securities, other property and services of a property nature and generally coincides with the concept of a bribe in Art. 290 CC.

2. From the point of view of the objective side of Art. 184 of the Criminal Code provides for two elements of crime.

The first of them (part 1) is characterized by an action in the form of bribery, i.e. illegal provision of bribery to athletes, sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, organizers or jury members of spectacular commercial competitions. The moment of transfer of the subject of bribery (before or after the competition (competition)) does not matter, however, with the subsequent transfer of the subject of bribery, it is necessary to prove a prior agreement on bribery.

The recipients of bribery can only be persons involved in the field of professional sports or spectacular commercial competitions. In accordance with Art. 2 of the Federal Law of December 4, 2007 N 329-FZ “On Physical Culture and Sports in the Russian Federation” professional sports is a business activity whose purpose is to satisfy the interests of professional sports organizations, athletes who have chosen sports as their profession, and spectators; Professional athletes include persons for whom sports are their main activity and who receive wages and other monetary remuneration in accordance with the contract for preparing for and participating in sports competitions. Entertaining commercial competitions include competitions held within the framework of business activities that are of interest to an unlimited number of spectators.

Qualified composition (Part 2) implies responsibility for the commission of a crime by an organized group.

3. The second corpus delicti is characterized by the act of illegally receiving the subject of bribery by athletes (Part 3) or sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, organizers or jury members of spectacular commercial competitions (Part 4).

The crime in both cases is considered completed from the moment the addressee accepts at least part of the transferred values.

4. The subjective side of both crimes is characterized by direct intent, as well as the purpose of transferring (receiving) the subject of bribery - to influence the results of competitions or contests.

5. The subject of the crime in relation to parts 1 and 2 is general, and in relation to parts 3 and 4 special.

6. In accordance with the note to the commented article, a person guilty of bribing persons listed in part one of this article is subject to mandatory release from criminal liability if extortion took place against him or if this person voluntarily reported the fact of bribery to an authority having the right initiate a criminal case (for the content of each of these conditions, see the commentary to Article 291 of the Criminal Code).

Commentary on Article 184

1. Professionalization and the associated commercialization of sports and entertainment competitions lead to the emergence of significant interests of a monetary and property nature and attempts to influence the result of a competition or competition through bribery. Bribery can be expressed both in the transfer (reception) of money, property, and in the provision (use) of services of a property nature.

2. Subjects of bribery may be Persons pursuing the goal of influencing the results of a competition or competition. Subjects of receiving bribes can be the athletes themselves, sports judges, coaches, team leaders, organizers and jury members of competitions, as well as other participants or organizers of the competition, whose actions as a result of receiving bribery may influence the outcome of the competition or competition.

3. The crime is committed intentionally. The giver of the bribe and the recipient of it are aware of the nature of their actions and pursue a common goal - to influence the results of competitions or competitions.

Scientific and practical commentary:

1. According to the Federal Law of December 4, 2007 N 329-FZ “On Physical Culture and Sports in the Russian Federation” <1>, professional sports is a part of sports aimed at organizing and conducting sports competitions, for participation in which and preparation for which As their main activity, athletes receive remuneration from the organizers of such competitions and (or) wages (clause 11 of article 2). The organizer of a sporting event is a legal entity or individual on whose initiative this event is held and (or) which provides organizational, financial and other support for the preparation and conduct of such an event (clause 8 of article 2). An athlete is an individual who is engaged in a chosen sport or types of sport and performs in sporting competitions (Clause 22, Article 2). A sports judge is an individual authorized by the organizer of a sports competition to ensure compliance with the rules of the sport and the regulations (regulations) on the sports competition, who has undergone special training and received the appropriate qualification category (clause 21 of article 2). ——————————— <1> NW RF. 2007. N 50. Art. 6242.

A competition is considered commercial if it is held for the purpose of making a profit by the organizers of the competition. Participants in the competition also usually receive a reward. 2. The criminal law provides for liability both for bribery of the persons named in it (parts 1 and 2 of Article 184), and for their receipt of illegal remuneration of a property nature (parts 3 and 4 of Article 184). 3. The subject of bribery can be money, securities, other property (currency values, various things, including real estate), as well as property services provided without payment (or at a clearly reduced cost) (for example, a trip abroad, etc.). P.). 4. The objective side of bribery consists in the transfer personally or through an intermediary of the above-mentioned property values ​​or in the provision of services of a property nature to a professional athlete, a judge of a sports competition, a coach, a team leader, another participant or organizer of professional sports competitions, as well as a person who is the organizer or member of the jury of a spectacular commercial competition. Other participants and organizers of professional sports competitions include the team leader, sports commissioner, match inspector, second, masseur, starter, rally mechanic, etc. Bribery is recognized as a committed crime provided that at least part of the illegal reward is accepted by athletes or other participants and organizers of sports competitions and spectacular commercial competitions. It does not matter whether the promise was fulfilled by the person who accepted the reward, or whether the bribery influenced the results of the competition or competition. It is only necessary that the parties understand that material assets or services are transferred with the aim of influencing the results of the competition or competition. If the reward is not accepted, then an attempt to transfer it or provide a property service is considered an attempted bribery. As a rule, in the case of bribery, the transfer of a reward, or at least part of it, precedes the performance of actions desired by the briber on the part of the athlete and other persons named in the law. There may be cases when illegal material reward is awarded at the end of a competition or competition, but this was preceded by a preliminary agreement on the reward, which determined the behavior of the participants or organizers of the sports competition (entertainment competition). The practice of holding sports competitions has widely included the so-called incentives for athletes by presenting them with material remuneration not provided for in any contracts by functionaries of another professional club or other persons, so that the athletes who receive such remuneration make every effort to defeat their rival in the fight for prizes, for being in the highest professional league, etc. It seems that such “stimulation” falls under the elements of crimes provided for in the commented article. 5. The subject of crimes provided for in Parts 1 and 2 of Art. 184, can be any person who has reached the age of 16 years. The crime is committed with direct intent and with the aim of influencing the outcome of a professional sports competition or spectacular commercial competition. The motives for bribery are usually selfish, but any other motives are possible. 6. If an illegal reward is transferred in several stages, covered by a single intent, for the performance or failure to perform actions that ensure the occurrence of the desired result for the bribery, the act is considered as a single continuing crime. On the contrary, if, in order to achieve the result he needs, the person carrying out the bribery transfers the reward to several persons separately, entering into an agreement with each of them on his own, the act constitutes a set of crimes (Part 1 of Article 17 of the Criminal Code). 7. On the concept of an organized group, see the commentary to Part 3 of Art. 35. 8. The law differentiates liability for the illegal receipt of money, securities, other property, illegal use of services of a property nature for professional athletes (Part 3 of Article 184) and for sports judges, coaches, team leaders, other participants or organizers of professional sports competitions, organizers and jury members of spectacular commercial competitions (Part 4 of Article 184). In both cases, the crime will be considered completed from the moment the illegal reward is accepted by these persons, regardless of whether they fulfilled what was promised, or whether their behavior (action or inaction) influenced the achievement of the goal sought by the bribery party. It is necessary that these persons understand that they are accepting the reward illegally, and that it is being transferred with the aim of influencing the results of a sports competition or entertainment competition. 9. The subject of a crime under Parts 3 and 4 of Art. 184 are persons directly named in the law who have reached the age of 16 years, both citizens of Russia and foreigners, stateless persons. 10. In contrast to the laws on liability for bribery and commercial bribery in Art. 184 there are no special grounds for exempting persons who committed bribery from liability. It must, however, be borne in mind that the acts provided for in Parts 1, 3 and 4 of Art. 184, are crimes of minor gravity, and part 2 of Art. 184 - moderate severity. Consequently, the institution of active repentance (Article 75 of the Criminal Code) is applicable, which can lead to release from criminal liability.

Commentary on Article 184 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

The object of the crime is the established procedure for holding official sports competitions and spectacular commercial competitions.

Clause 9 of Art. 2 of the Federal Law of December 4, 2007 N 329-FZ “On Physical Culture and Sports in the Russian Federation” defines official sporting events as sporting events included in the Unified calendar plan of interregional, all-Russian and international sporting events, calendar plans of sporting events of the constituent entities of the Russian Federation Federations, municipalities.

A commercial entertainment competition is any competition (but not a competition in the sense of bidding) conducted by a commercial organization as part of its business activities and representing a spectacle for the public (beauty competition, some television competitions).

The subject of the crime is money, securities and other property.

Cash is cash or non-cash money in Russian or foreign currency.

For the concept and types of securities, see the commentary in Art. 186 of the Criminal Code of the Russian Federation

Other property is other movable or immovable things (Article 130 of the Civil Code of the Russian Federation), property rights. In accordance with the disposition of the article, bribery can also be carried out with the help of services of a property nature, i.e. services provided free of charge, but subject to payment (for example, the provision of tourist vouchers, apartment renovation, construction of a summer house).

The objective side of the crime provided for in Part 1 of Art. 184 of the Criminal Code of the Russian Federation, is expressed in the action of bribing participants (athletes, coaches, etc.), organizers (including their employees) and jury members of professional sports competitions or spectacular commercial competitions, or coercion or inducement of these persons to exert this influence , or in a preliminary conspiracy with these persons for the same purposes.

Bribery is the illegal transfer of money, securities and other property to a person, as well as the illegal provision of property-related services to him in order to influence the results of competitions or contests.

The promise of rewards to participants for winnings, as well as the transfer of property to create better conditions for the training of athletes, are not bribery.

The bribery is completed at the moment the recipient accepts at least part of the transferred property or begins using the relevant services. The corpus delicti is formal.

Coercion of these persons means unlawful influence on these persons for the purpose of committing actions aimed at unlawfully influencing the result of a competition or competition, against their will.

Methods of coercion can be different (blackmail, threats of harm to health or property, etc.).

Inducement involves any non-violent forms of influence aimed at arousing in a person a desire or desire to perform actions that can influence the results of a contest or competition. Methods of inducement include persuasion, the promise of non-property benefits, etc.

The crime is considered completed at the moment the perpetrator commits certain actions aimed at coercing or inducing a person, regardless of obtaining his consent and committing any actions aimed at exerting unlawful influence on the result of a competition or contest.

Conspiracy as a method of committing the crime in question involves the guilty party reaching an agreement with the persons specified in the disposition to commit actions aimed at influencing the result of a competition or competition. The existence of a crime is not affected by who initiated such a conspiracy, nor by the form of the agreement (oral, written, exchange of messages, etc.).

The moment of completion of the crime in this case should be associated with the parties reaching an agreement on illegally influencing the result of a competition or competition, regardless of its subsequent implementation.

The subjective side is characterized by guilt in the form of direct intent. The person is aware that he is committing bribery for committing actions (inaction) in his interests that influence the results of competitions or competitions, and desires this.

A mandatory feature of the act is the goal of influencing the results of official sports competitions and spectacular commercial competitions.

The subject of the crime provided for in Part 1 of Art. 184 of the Criminal Code of the Russian Federation - a sane individual who has reached the age of 16 years.

The qualifying feature is the commission of a crime by an organized group (see Part 3 of Article 35 of the Criminal Code of the Russian Federation and the commentary thereto).

The objective side of the crime provided for in Part 3 of Art. 184 of the Criminal Code of the Russian Federation, is expressed in the action - illegal receipt by athletes of money, securities or other property, as well as in their illegal use of services of a property nature, their extraction of other benefits and advantages, or their prior conspiracy for the purpose of illegally influencing the result of an official sports competition or entertainment commercial competition.

Illegal receipt of the specified values, services, as well as non-property benefits is understood as their acceptance in violation of the procedure established by the regulations on the holding of competitions.

If the conditional transfer of property did not take place due to circumstances beyond the control of the persons who tried to transfer or receive the subject of bribery, what they did should be qualified as an attempted illegal transfer or receipt of bribery (Part 3 of Article 30, Part 1 (or Part 3 ) Article 184 of the Criminal Code of the Russian Federation).

The expressed intention of a person to give (receive) money, securities, other property or to provide the opportunity to illegally use property-related services in cases where the person did not take any specific actions to implement the expressed intention cannot be qualified as an attempt to transfer or receive bribery.

The receipt by a person of money, securities and other property, the use of services of a property nature, allegedly for the commission of actions (inaction), which he cannot carry out due to the lack of such opportunities (authorities), must be qualified, if there are grounds, as fraud (Article 159 of the Criminal Code of the Russian Federation ).

The act is completed at the moment the athlete accepts at least part of the transferred property or begins to use services of a property or non-property nature. The corpus delicti is formal.

On preliminary conspiracy, see commentary to Part 1 of Art. 184 of the Criminal Code of the Russian Federation

The subjective side of this crime is characterized by guilt in the form of direct intent. The person realizes that he accepts property values ​​or services for the commission of actions (inaction) in the interests of the giver, influencing the results of competitions or contests, and desires this.

The purpose of the crime is to influence the results of competitions.

The subject of the crime (Part 3 of Article 184 of the Criminal Code of the Russian Federation) is a special athlete who is a participant in official sports competitions, a coach, the head of a sports team or another participant in an official sports competition (for example, the head or director of a team), as well as a participant in a spectacular commercial competition who have achieved age 16 years.

Objective and subjective aspects of the crime provided for in Part 4 of Art. 184 of the Criminal Code of the Russian Federation, similar to Part 3 of the commented norm.

Distinctions here are made based on the subject of the crime, who is: a sports judge, an organizer of professional sports competitions, an organizer or a member of the jury of a spectacular commercial competition who has reached the age of 16 years.

In accordance with the note to Art. 184 of the Criminal Code of the Russian Federation, a person who has committed an act provided for in part 1 or 2 of this article is exempt from criminal liability if extortion took place against him or if this person voluntarily reported bribery to an authority that has the right to initiate a criminal case.

For the concept of extortion, see Art. 163 of the Criminal Code of the Russian Federation and commentary to it.

Provisions of Art. 184 TK

The article contains two paragraphs. The first of them states that if an employee suffered health damage or died due to an accident at work or due to an occupational disease, then he (his family) is entitled to a special payment. The amount of this payment includes the following components:

• lost income of the victim;
• in case of damage to health – additional costs for the employee’s rehabilitation;
• in case of death of an employee - corresponding funeral expenses, etc.

The cost of rehabilitation of the victim includes medical, professional and social components.

The second paragraph is of a referential nature. It states that the parameters for providing guarantees to an employee in the above-mentioned situations are determined at the level of the relevant federal legislation.

These parameters include:

• payment terms;
• their varieties;
• payment amounts.

The analyzed article, despite its small volume, describes in sufficient detail the specifics of payments to an employee in the event of an accident at work or an occupational disease.