Qualification Problems of Distinguishing a Gift from a Corruption Crime: Legislative Experience of the Republic of Belarus

The article is devoted to the study of the issue of distinguishing the receipt of a gift from corruption crimes (bribes, illegal remuneration) according to the legislation of the Republic of Belarus. The provisions of the current civil legislation regulating the issues of donation are analyzed, their fundamental incompatibility with the definition of signs of illegal remuneration as a subject of bribery in accordance with the criminal law is shown. The opinions of a number of scientists and practitioners on the legal basis for determining the subject of a bribe and determining its size, which is necessary and sufficient for criminal prosecution, are considered. Considerable attention is paid to the differentiation of a bribe from a gift through the interpretation of the norms of civil and criminal legislation and some others.