Specific Issues of Qualifying Bribery of a Contract Service Employee, Contract Manager, or Member of a Procurement Commission

The offence under Article 200.5 of the Criminal Code of the Russian Federation (“Bribery of a contract service employee, contract manager, or member of a procurement commission”) is a relatively new provision of Russian criminal law. The disposition of Article 200.5 is blanket in nature; therefore, when qualifying the offence it is necessary to refer to rules of civil and budget law, which significantly complicates the process. To date, the Supreme Court of the Russian Federation has not issued interpretative guidance to ensure uniform application of this provision. As a result, law-enforcement authorities encounter difficulties in qualifying acts involving bribery of contract service employees, contract managers, and members of procurement commissions. These difficulties include issues related to the scope of social relations protected by criminal law—namely, the concept of “procurement of goods, works and services for state and municipal needs,” the relationship between the contract system and corporate procurement, and procurement carried out under direct civil-law contracts. Judicial practice is also still developing. Between 2018 and 2024, 194 offences were registered; courts examined 87 criminal cases and convicted 43 persons. Examination of court decisions reveals a tendency toward an expansive interpretation of procurement procedures for state and municipal needs, which is associated with the need for criminal-law protection of the State’s interests where special subjects commit bribery in relation to various types of procurement. Based on analysis of the legislative approach to regulating the contract system in the Russian Federation in the sphere of procurement of goods, works and services for state and municipal needs, as well as corporate procurement by entities involved in implementing the interests of the Russian Federation, and based on judicial practice on imposing criminal liability for bribery by special subjects in the procurement sphere, the article proposes measures aimed at strengthening protection of the State’s interests. 

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