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CRIMINAL LAW MEASURES OF ANTI-CORRUPTION BASING ON THE EXAMPLE OF PRACTICE IN TAMBOV REGION

Annotation

The problem of corruption, measures aimed at counteracting it are examined, examples of judicial practice on the application of criminal law measures for committing crimes of corruption are given, additions are proposed to the current Criminal Code of the Russian Federation. The implementation of organizational, executive-regulatory, supervisory and licensing powers by public servants and judicial control of the civil servants in order to protect the rights and freedoms of citizens and other individuals and legal entities, as well as strengthening the rule of law in their activities and the formation of an effective mechanism to overcome the administrative errors are studied. Some criminal cases of corruption dealt by the courts of Tambov Region are considered. The conclusion is made about the violation by contradictory legislative structures that not reflecting the real risk of crime principles of criminal law and general principles of sentencing that require taking into account the danger of the offense. It is proposed to separate the constituent elements of part 2 of article 204 of the Criminal Code of the Russian Federation to include them in a separate part of the article, and formulate the sanctions to take into account the real danger of criminal acts. Measures are proposed to include some additions into part 5 of article 46 of the Criminal Code of the Russian Federation, providing an opportunity to replace a sentence to imprisonment on conviction of a person for other crimes of corruption due to malicious evasion from payment of the fine imposed as a main sentence.

Keywords

corruption; counteraction; criminal law measures; responsibility

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UDC

343.35

Pages

108-116

Received

22.08.2017

Section of issue

Review of legislative and law-enforcement practice

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