Today in our country there is a huge number of crimes in the sphere of economy, and one of them - commercial bribery, which is a threat to its normal functioning.This term implies two opposing elements of a crime.First - it is illegal to obtain a person performing managerial activities in an organization (commercial or otherwise different) money, securities and other assets such as property or services for the commission of actions (inaction) in favor of the authorizing person.On the other hand, commercial bribery is illegal transfer of a person in charge of the management activities in the organization, the above material goods that are the subject of bribery, for actions (omissions) in favor of the authorizing person.
main object of the crime is considered to be the normal activities of the organization, not related to the state or municipal institutions or bodies.We can say that Russian legislation in Article 204 of the Criminal Code, this term combines two similar crimes: bribery in the form of receipt of unlawful compensation and bribery in the form of cottages illegal remuneration.In situations where obtaining bribery accompanied by extortion, as additional objects can be considered the legitimate rights and interests of organizations and citizens' legally protected interests of the state and society.
in the subject commercial bribery is a little different from the bribes.In particular, subject to receipt of bribes is considered property benefits, and the subject of bribery is considered illegal property-related services.Unlike bribery, commercial bribery - it's only illegal actions (or inaction).In the case of bribes wider range: legal and illegal actions (inaction), connivance and patronage of the total service.By condoning the failure to take adequate measures apply for violations and omissions in the performance.By patronage - undeserved promotion, promotion.
Commercial bribery is a crime small (part 1 of the Criminal Code) to moderate (if classified according to parts 2-4).Bribery is considered active when its object is not transmitted only to the person directly involved in administrative functions, but also his family and native people.However, here there is one prerequisite: the person performing managerial responsibilities, must agree to the transfer of the object or does not mind about this and use their service in favor of the levers bribed person.
This crime is considered finished since the full or partial receipt of (transfer) of illegal material benefits or services.The grounds for transfer of the offense or may be explicit or veiled under the guise of a fee, gift, losing.In addition, there is the concept of attempt at bribery.In this case, the attempt is considered to be a situation where one of the parties refuse to receive (transfer) of illegal remuneration, and the second side undertook to do certain actions and not only expressed their intentions in this regard.
