LIABILITY FOR CORRUPTION: THE CONFLICT BETWEEN ARTICLE 291 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND ARTICLE 19.28 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

The article analyzes the relationship between the administrative liability of a legal entity for unlawful remuneration (Article 19.28 of the Code of Administrative Offenses of the Russian Federation) and the criminal liability of an individual for bribery (Article 291 of the Criminal Code of the Russian Federation) in the context of the implementation of international anticorruption standards. The issues examined include the coincidence of the object and the objective element of the specified offenses, differences regarding the subjects and sanctions, and the practice of holding liable for the same corruption-related offence. Based on an analysis of the positions of the Supreme Court and the Constitutional Court of the Russian Federation, the conclusion is drawn that there is formal compliance with the non bis in idem principle, despite the actual existence of an "ideal cross-branch concurrence of offenses".

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Publication Details

Journal
Justice of the peace
Published
2026-11-02
DOI
https://doi.org/10.18572/2072-4152-2026-12-22-29
Primary Topic
Criminal Law and Policy
Type
article
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article

LIABILITY FOR CORRUPTION: THE CONFLICT BETWEEN ARTICLE 291 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND ARTICLE 19.28 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

Anita V. Mishina
1 links
Justice of the peace
Criminal Law and Policy
article

LIABILITY FOR CORRUPTION: THE CONFLICT BETWEEN ARTICLE 291 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND ARTICLE 19.28 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

Anita V. Mishina
article en

Abstract

The article analyzes the relationship between the administrative liability of a legal entity for unlawful remuneration (Article 19.28 of the Code of Administrative Offenses of the Russian Federation) and the criminal liability of an individual for bribery (Article 291 of the Criminal Code of the Russian Federation) in the context of the implementation of international anticorruption standards. The issues examined include the coincidence of the object and the objective element of the specified offenses, differences regarding the subjects and sanctions, and the practice of holding liable for the same corruption-related offence. Based on an analysis of the positions of the Supreme Court and the Constitutional Court of the Russian Federation, the conclusion is drawn that there is formal compliance with the non bis in idem principle, despite the actual existence of an "ideal cross-branch concurrence of offenses".

Justice of the peace
Peace, justice, and strong institutions
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Criminal Law and Policy
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LIABILITY FOR CORRUPTION: THE CONFLICT BETWEEN ARTICLE 291 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND ARTICLE 19.28 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION — Anita V. Mishina · Justice of the peace (2026) | TGRS Research Map | TGRS