Federal Law No.317-ФЗ dated 01.12.2007 "On Rosatom State Atomic Energy Corporation"
Federal Law No. 273-ФЗ dated 25.12.2008 “On Combating Corruption”
Explanation of Liability Arising from Giving/Accepting Illegal Remuneration, Commercial Bribery.
Extract from the Criminal Code of the Russian Federation (as adopted on June 13, 1996)
Article 201. Abuse of Authority
1. Use by a person performing managerial functions in a commercial or other organization of his/her powers contrary to the legitimate interests of such organization and in order to derive benefits and advantages for self or others or to cause damage to other persons, if such activity entails substantial damage to the rights and legitimate interests of citizens or organizations or the interests of society or the state protected by law, -
shall be punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the convict's salary or other income for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or by correctional labor for a term of up to two years, or forced labor for a term of up to four years or arrest for up to six months, or imprisonment for up to four years.
(as amended by Federal Law of 07.12.2011 No. 420-ФЗ)
2. The same act, entailing grave consequences, -
shall be punishable by a fine in the amount of up to one million rubles or in the amount of the convict's salary or other income for a period of up to five years or without it, or by forced labor for a term of up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or with imprisonment for a term of up to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years.
(as amended by Federal Laws of December 25, 2008 No. 280-ФЗ, dated December 27, 2009 No. 377-ФЗ, dated December 7, 2011 No. 420-ФЗ)
Article 204. Commercial Bribery
1. Illegal transfer to a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as illegal rendering of property-related services to him/her, provision of other property rights (including when, at the direction of such a person, property is transferred or property-related services are provided, or property rights are granted to another individual or legal entity) for taking actions (inaction) in the interests of the giver or other persons, if the specified actions (inaction) are inherent to the official powers of such a person or if, by virtue of his/her official position, he/she can facilitate the above actions (inaction) -
shall be punishable by a fine in the amount of up to four hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to six months, or in the amount of five to twenty times the amount of commercial bribery, or restriction of liberty for up to two years, or correctional labor for up to two years, or imprisonment for the same term with a fine in the amount of up to five times the amount of commercial bribery or without it.
2. The acts provided for by the Part 1 of this article, committed in a significant amount, -
shall be punishable by a fine in the amount of up to eight hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to nine months, or in the amount of ten to thirty times the amount of commercial bribery with deprivation of the right to occupy certain positions or engage in certain activities for up to two years or without it, or restriction of liberty for a period of one year to two years with deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years or without it about, or correctional labor for a period of one year to two years with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to three years with a fine of up to ten times the amount of commercial bribery or without it and with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it.
3. The acts provided for by Part 1 of this article, if committed:
a) by a group of persons in collusion or by an organized group;
b) for knowingly illegal actions (inaction);
c) on a large scale, -
shall be punishable by a fine in the amount of up to one million five hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to one year, or in the amount of twenty to fifty times the amount of commercial bribery with the deprivation of the right to hold certain posts or engage in certain activities for up to three with or without years or with imprisonment for a term of three to seven years with a fine of up to thirty times the amount of commercial bribery or without it and with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it.
4. The acts provided for in Part 1, Clauses a and b of Part 3 of this article, committed in an especially large amount, shall -
shall be punishable by a fine in the amount of one million to two million five hundred thousand rubles, or in the amount of the convict's salary or other income for a period of one year to two years and six months, or in the amount of forty to seventy times the amount of commercial bribery with deprivation of the right to hold certain posts or engage in certain activities for a term of up to five years or without it, or imprisonment for a term of four to eight years with a fine of up to forty times the amount of commercial bribery or without it, and with deprivation of the right to hold certain positions or engage in certain activities for up to five years or without it.
5. Illegal receipt by a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as his/her unlawful use of property-related services or other property rights (including when property is transferred, or property-related services are rendered, or property rights are granted to another individual or legal entity at the direction of such a person) for actions (inaction) in the interests of the giver or other persons, if the specified actions (inaction) are inherent to the official powers of the person, or if by virtue of official position, he/she can facilitate specified actions (inaction), -
shall be punishable by a fine in the amount of up to seven hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to nine months, or in the amount of ten to thirty times the amount of commercial bribery, or imprisonment for up to three years with a fine in the amount of up to fifteen times the amount of commercial bribery or without it.
6. The acts provided for by Part 5 of this article, committed in a significant amount, shall -
shall be punishable by a fine in the amount of two hundred thousand to one million rubles, or in the amount of the convict's salary or other income for a period of three months to one year, or in the amount of twenty to forty times the amount of commercial bribery with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or with imprisonment for a term of up to five years with a fine of up to twenty times the amount of commercial bribery or without it and with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it.
7. Acts provided for in paragraph 5 of this article, if they:
a) are committed by a group of persons in collusion or by an organized group;
b) involve extortion of bribe;
c) are committed for illegal actions (inaction);
d) are committed on a large scale, -
shall be punishable by a fine in the amount of one to three million rubles, or in the amount of the convict's salary or other income for a period of one to three years, or in the amount of thirty to sixty times the amount of commercial bribery with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to five years, or with imprisonment for a term of five to nine years with a fine in the amount of up to forty times the amount of commercial bribery or without it, and with deprivation of the right to occupy certain posts or engage in certain activities for up to five years or without it.
8. The acts provided for by Part 5, Clauses “a” - “c” of Part 7 of this article, committed in an especially large amount, -
shall be punishable by a fine in the amount of two to five million rubles, or in the amount of the convict's salary or other income for a period of two to five years, or in the amount of fifty to ninety times the amount of commercial bribery with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to six years, or imprisonment for a term of seven to twelve years with a fine of up to fifty times the amount of commercial bribery or without it, and with deprivation of the right to hold certain positions or engage in certain activities for up to six years or without it.
Notes. 1. A significant amount of commercial bribery in this article and Article 204.1 of this Code shall be deemed to be the amount of money, value of securities, other property, property-related services, other property rights in excess of twenty five thousand rubles, large-scale commercial bribery – in excess of one hundred fifty thousand rubles, especially large amount of commercial bribery – in excess of one million rubles.
2. A person who has committed a crime provided for in Parts 1-4 of this article shall be exempted from criminal liability if he/she actively contributes to solution and (or) investigation of the crime and either that person is subjected to extortion of bribe, or that person voluntarily reports the crime to a body entitled to institute criminal proceedings.
Article 204.1. Commercial bribery mediation
1. Mediation in commercial bribery, that is, a direct transfer of commercial bribe (illegal remuneration) on behalf of the person transferring the commercial bribe, or of the person receiving the commercial bribe, or otherwise assisting such persons in reaching or implementing a collusion between them on the transfer and receipt of commercial bribe, in a significant amount -
shall be punishable by a fine in the amount of up to four hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to six months, or in the amount of five to twenty times the amount of commercial bribery, or restriction of liberty for up to two years, or correctional labor for up to two years, or imprisonment for the same term with a fine in the amount of up to five times the amount of commercial bribery or without it.
2. Mediation in commercial bribery committed:
a) by a group of persons in collusion or by an organized group;
b) for knowingly illegal actions (inaction);
c) on a large scale, -
shall be punishable by a fine in the amount of up to eight hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to six months, or in the amount of ten to thirty times the amount of commercial bribery with deprivation of the right to occupy certain positions or engage in certain activities for up to five years or without it, or with imprisonment for up to five years with a fine of up to thirty times the amount of commercial bribery or without it and with deprivation of the right to occupy certain positions or be engaged in certain activities for a period of up to five years or without it.
3. Mediation in commercial bribery committed in an especially large amount -
shall be punishable by a fine in the amount of up to one million five hundred thousand rubles, or in the amount of the convict's salary or other income for a period of up to one year six months, or in the amount of forty to seventy times the amount of commercial bribery with deprivation of the right to occupy certain positions or engage in certain activities for a term up to six years or without it, or by imprisonment for a term of three to seven years with a fine of up to forty times the amount of commercial bribery or without it and with deprivation of the right to hold certain positions or engage in certain activities for up to six years or without it.
4. Promise or offer of mediation in commercial bribery -
shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the convict's salary or other income for a period of up to one year, or in the amount of ten to twenty times the amount of commercial bribery with deprivation of the right to hold certain posts or engage in certain activities for up to three years or without it, or restriction of liberty for a period of one year to two years with deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years or without it, or imprisonment for up to four years with a fine of up to fifteen times the amount of commercial bribery or without it and with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it.
Note. A person who has committed a crime under this article shall be exempted from criminal liability if he/she has actively contributed to solution and (or) investigation of the crime and voluntarily reported the crime to an authority entitled to institute criminal proceedings.
Article 204.2. Small-scale commercial bribery
1. Commercial bribery in an amount not exceeding ten thousand rubles, -
shall be punishable by a fine in the amount of up to one hundred and fifty thousand rubles, or in the amount of the convict's salary or other income for a period of up to three months, or by compulsory labor for a term of up to two hundred hours, or correctional labor for a term of up to one year, or restriction of freedom for a term of up to one year.
2. The same act committed by a person who has a criminal record of crimes provided for in Articles 204, 204.1 of this Code or this article, -
shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the convict's salary or other income for a period of up to six months, or by correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years, or imprisonment for a term of up to one year.
Note. The person who has committed a transfer of small-scale commercial bribe shall be exempted from criminal liability if he/she actively contributed to solution and (or) investigation of the crime and either that person is subjected to extortion of bribe, or that person who committed the crime voluntarily reported the transfer of the bribe to a body entitled to institute criminal proceedings.
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