On the Subject of Receiving a Bribe (Article 290 of the Criminal Code of the Russian Federation)

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Abstract

The article considers the actual aspects of the subject of receiving a bribe as a constitutive feature of the construction of the composition of this crime. The criminal legislator quite accurately defines the subject of receiving a bribe, which is represented by various types of economic benefits. The development of modern economic relations leads to the emergence of new types of economic benefits, which indicate the need to specify individual financial assets as the subject of receiving a bribe. The article focuses on cryptocurrencies and other digital financial assets that can act as a subject of receiving a bribe. The absence of relevant examples of judicial enforcement to date makes it necessary to improve the legal qualification of the transfer of cryptocurrencies and digital financial assets as a subject of receiving a bribe.

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About the authors

Anna V. Serebrennikova

Lomonosov Moscow State University

Author for correspondence.
Email: serebranna@hotmail.com

Dr.Sci.(Law), Associate Professor, Professor of the Department of Criminal Law and Criminology, Faculty of Law

Russian Federation, Moscow

Viktor V. Stepanov

Lomonosov Moscow State University

Email: vvs-tamb@mail.ru

Cand.Sci.(Law), Associate Professor, Associate Professor of the Department of Criminal Law and Criminology, Faculty of Law

Russian Federation, Moscow

References

  1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on April 16, 2022) // Russian newspaper. N 84. 04/19/2022.
  2. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on March 18, 2023) // Russian newspaper. N 58. 03/21/2023.
  3. Kadnikov N.G., Shaforost V.A. On the issue of liability for bribery // Society and Law. 2012. No. 1 (38). pp. 115-118.
  4. Kachalov V.V. Some problems of the subject of receiving a bribe // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2016. No. 1 (36). pp. 54-59.
  5. Levina A.V. Current issues of criminal liability for petty bribery // Bulletin of Kaluga University. 2018. No. 1. P. 70-73.

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