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The Mediator Figure in Bribery at the Complicity Institution
Abstract.The subject of the research is the provisions of the Criminal Code of the Russian Federation that regulate participation in crime commitment (Article 33 of the Criminal Code of the Russian Federation) and sets forth responsibility for complicity in bribery (Article 291.1 of the Criminal Code of the Russian Federation). Based on the example of bribery, the authors of the article analyze complicity features typical for a mediator. Moreover, they analyze the entire construct of complicity in bribery giving/taking, with the participation of a mediator. They prove that in bribery mediator is more likely to be a complicit in the crime commitment than an independent actor. In the course of their research the authors have used general research methods (analysis and synthesis, generalisation, deduction, comparison, analogy) and special research methods such as comparative law and structured systems analysis. The results of the research demonstrate that introduction of a new concept 'mediation in bribery' is a rather debatable issue because it defines participation in crime as an individual crime. This creates the legal redundancy that should not be common to criminal law. In this regard, the authors suggest to decriminilize the action described in Article 291.1 of the Criminal Code of the Russian Federation and extend the definition of the complicit in order to include mediator features into the definition.
Keywords: accomplice, decriminalization, criminalization, corruption, complicity, criminal law, mediator, mediation in bribery, bribery, counteraction to crime
Article was received:18-05-2018
This article written in Russian. You can find full text of article in Russian here .