Analysis of Sanctions of Corruption Crimes Related to Bribery and Other Types of Illegal Remuneration

Pavel Vladimirovich Nikonov

2021

Abstract

The article examines the problem of the lack of systematic approach of the legislator in the presentation of sanctions for corruption crimes related to the giving and receipt of bribes and other types of illegal remuneration, which was formed as a result of inconsistent actions of the legislator in the reform of criminal legislation, the lack of a unified approach to understanding these crimes, non-compliance with a number of theoretical foundations for the construction of sanctions in terms of the choice of punishments, establishing their terms and proportions. The purpose of this article is to establish a link between the sanctions imposed for the commission of corruption offences related to bribery and other types of illegal remuneration, the actual penalties applied, and to ensure the objectives of punishment. It is established that unnecessarily broad «range» of punishments results in unnecessarily broad judiciary inquiry. Criminals effectively use gaps in legislation or other problems of juridical regulation, this way punishments applied for them are unable to provide restoration of social justice, correcting convicts and preventing them from committing new crimes. This makes criminal responsibility for these crimes ineffective and makes punishments for them a determinant of the commission of such crimes. With the extensive use of analysis methods, comparative-legal research, legal modelling, a study of sanctions has been conducted and conclusions have been drawn that approaches to their establishment should be changed, and the nature of the crimes committed should be taken into account. In particular, it is recommended to reduce the number of alternative punishments, increase the size and duration of minimum penalties in sanctions, reducing the opportunities for judicial discretion.

Paper Citation

in Harvard Style

Nikonov P. (2021). Analysis of Sanctions of Corruption Crimes Related to Bribery and Other Types of Illegal Remuneration. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 109-112. DOI: 10.5220/0010629800003152

in Bibtex Style

@conference{closa21,
author={Pavel Vladimirovich Nikonov},
title={Analysis of Sanctions of Corruption Crimes Related to Bribery and Other Types of Illegal Remuneration},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={109-112},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010629800003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Analysis of Sanctions of Corruption Crimes Related to Bribery and Other Types of Illegal Remuneration
SN - 978-989-758-532-6
AU - Nikonov P.
PY - 2021
SP - 109
EP - 112
DO - 10.5220/0010629800003152