Problems of sentencing for bribery of a contract service employee, a contract manager, a member of the procurement commission

The analysis of the problems of legislative and practical penalization is carried out using the example of the construction of sanctions for the main and qualified elements of a crime provided for in Article 200.5 of the Criminal Code of the Russian Federation, as well as a comparative analysis of sanctions for related elements of crimes provided for in Articles 204 and 290, Articles 291 of the Criminal Code of the Russian Federation. It is concluded that the practical penalization of bribery of special subjects provided for in Article 200.5 of the Criminal Code of the Russian Federation indicates that the courts sometimes impose unjustifiably lenient punishments. There is a discrepancy between the sanctions of the main, qualified corpus delicti, as well as the sanctions of related crimes. The article substantiates the need to establish in all sanctions the parts of Article 200.5 of the Criminal Code of the Russian Federation additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The author’s project of constructing the sanction of art. 200.5 of the Criminal Code of the Russian Federation is proposed.

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Publication Details

Journal
Siberian Law Herald
Published
2025-01-01
DOI
https://doi.org/10.26516/2071-8136.2025.2.72
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Problems of sentencing for bribery of a contract service employee, a contract manager, a member of the procurement commission

N.V. Ignatieva
Siberian Law Herald
Ukrainian Legal and Forensic Studies
article

Problems of sentencing for bribery of a contract service employee, a contract manager, a member of the procurement commission

N.V. Ignatieva
article en

Abstract

The analysis of the problems of legislative and practical penalization is carried out using the example of the construction of sanctions for the main and qualified elements of a crime provided for in Article 200.5 of the Criminal Code of the Russian Federation, as well as a comparative analysis of sanctions for related elements of crimes provided for in Articles 204 and 290, Articles 291 of the Criminal Code of the Russian Federation. It is concluded that the practical penalization of bribery of special subjects provided for in Article 200.5 of the Criminal Code of the Russian Federation indicates that the courts sometimes impose unjustifiably lenient punishments. There is a discrepancy between the sanctions of the main, qualified corpus delicti, as well as the sanctions of related crimes. The article substantiates the need to establish in all sanctions the parts of Article 200.5 of the Criminal Code of the Russian Federation additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The author’s project of constructing the sanction of art. 200.5 of the Criminal Code of the Russian Federation is proposed.

Siberian Law HeraldVol. 2
Openalex Percentile: Top 79%
Ukrainian Legal and Forensic Studies
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Problems of sentencing for bribery of a contract service employee, a contract manager, a member of the procurement commission — N.V. Ignatieva · Siberian Law Herald (2025) | TGRS Research Map | TGRS