A Promise or Proposal of Mediation in Bribery: Qualification and Law Enforcement Problems

The problems of qualification of criminal actions under Part 5 of Art. 291.1 of the Criminal Code of the Russian Federation. The concepts underlying this crime are revealed. In addition, an analysis and delimitation of related crimes is carried out, based on the scientific and practical points of view of scientists and legal practitioners, and examples of judicial practice are given. The conclusion is substantiated that actions qualified as a promise or offer of mediation in bribery are not sufficiently specified by law, as evidenced not only by the analysis of existing law enforcement practice, but also by the illogicality and disproportionateness of criminal liability for this part of the crime in case of abuse of the right by an intermediary in the case when a person will commit real mediation in bribery in order to receive a less severe punishment, according to Parts 1 and 2 of Art. 291.1 of the Criminal Code of the Russian Federation.