On the Interrelation of the Concepts of Corruption, Corruption-Related Crimes and Bribery in the Legislation of the Republic of Kazakhstan and the Russian Federation

Corruption has become a transnational phenomenon that threatens the stability and security of the society. Moreover, this phenomenon has a negative impact on various spheres of society, which undermines the democratic institutions and values of any state. Statistical data from Russia and Kazakhstan indicate that the number of corruption-related crimes has been increasing, thus pointing at the lack of effective measure of combating this phenomenon. In the studies and normative acts of Russia and Kazakhstan regulating the issues of combating corruption, the concept of corruption is given a different interpretation. In this regard, using the analogy with the legislation of Kazakhstan, the authors propos a new understanding of corruption, which should be codified in the relevant Federal Law of Russia. In addition, in order to improve the quality of legal regulation of anti-corruption in the General part of the Criminal Code of the Russian Federation, it is necessary to consolidate the list of corruption-related crimes. There are quite a lot of definitions of the term bribery in academic literature. At the same time, most authors believe that it should be considered through criminal and legal components. Bribery is one of the most important elements of corruption, responsibility for it is provided in articles 366, 367, 368 of the Criminal Code of the Republic of Kazakhstan and articles 290, 291, 291¹, 291² of the Criminal Code of the Russian Federation. In the Criminal Code of the Republic of Kazakhstan, the offer and promise of a bribe (including the offer and promise of mediation in bribery) is not criminalized. In this connection, the authors, with regards to the requirements of the UN Convention against Corruption on criminalization of acts of promising, offering mediation in bribery, and relying on the practices of the legislator of the Russian Federation, propose to amend Article 368 of the Criminal Code of the Republic of Kazakhstan (Mediation in Bribery). The authors believe that the discussed changes and additions will result in a legal framework for combating corruption and defining its boundaries.

1. Akhmetov A. S. To the Question on the Study of Corruption as a Social Phenomenon. News of the Tula State University. Economic and Legal Sciences. 2018;1-2:3-10. (In Russ.).

2. Rustemova G. R. Anti-Corruption Measures in Kazakhstan. In: The Role of Science in Improving the Effectiveness of Law Enforcement Agencies. Almaty: Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan, 2016. P. 233–252. (In Russ.).

3. Rakhmetov S. M., Borchashvili I. Sh. Criminal Law Measures to Combat Corruption. Astana: ArtprintXXI, 2012. 364 p. (In Russ.).

4. Artamonova I. V., Kamalieva L. A. The Concept and Subjects of Modern Corruption. Trends in the Development of Science and Education. 2019;55-5:21-22. DOI: https://doi.org/10.18411/lj-10-2019-78 (In Russ.).

5. Koval V. D. The Notion of Corruption in the Russian Legislation and Its Influence on the Customs System Functioning. Administrative Law and Procedure. 2018;8:62-65. (In Russ.).

6. Gostkova D. Zh., Shtefan A. V. Issues of Qualification of Crimes Committed in the Exercising of Official Duties By Employees of Internal Affairs Agencies. Russian Investigator. 2022;1:33-37. DOI: https://doi.org/10.18572/18123783-2022-1-33-37 (In Russ.).

7. Mikhaylov V. I. Doctrinal Foundations of the Definition of “Corruption-Related Offenses” from the Perspective of an Interdisciplinary Approach. Russian Investigator. 2022;7:43-50. DOI: https://doi.org/10.18572/1812-37832022-7-43-50 (In Russ.).

8. Kuznetsova N. F. Corruption in the System of Criminal Offence. Moscow University Bulletin. Series 11. Law. 1993;1:21-26. (In Russ.).

9. Tuleuova M. E. Legal Regulation of Bribery Liability in International Legal Documents and Legislation of Some Foreign Countries. Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2019;2:200-205. (In Russ.).

10. Kurmanalinov E. Zh., Aimukhambetova K. M. The Identity of the Perpetrator. Kosshy: Law Enforcement Academy Under the Prosecutor General’s Office of the Republic of Kazakhstan Publ.; 2023. 95 p. (In Russ.).

11. Polischuk A. N. Features Criminological Characteristics of Bribery. Bulletin of the Kaliningrad Branch of the Saint-Petersburg University of the Ministry of Internal Affairs of Russia. 2012;3:128-132. (In Russ.).