The article examines the interrelation between the structure of mediation in bribery in modern criminal legislation of Russia and the criminal activity performed on the professional basis, justifies the need to study the prerequisites for such an interrelation when countering corruption-related crimes, determining the object of legal protection. The article is also devoted to the issues of qualification of mediation in bribery in relation to the current level of criminal policy in Russia. The authors examine the topical problems of criminal and law assessment of mediation in bribery, promises or offers of mediation in bribery based on objective and subjective characteristics of the analyzed body of the crime. The article pays attention to a number of controversial formulations in art. 291.1 of the Criminal Code of the Russian Federation as applied to the theory of criminal law and modern law enforcement, offers author's interpretations, taking into account the rules of formal logic, explanations of judicial practice by the Supreme Court of Russia, determines the algorithm for qualification of mediation in bribery and criteria for distinguishing from related bodies of crimes.
Despite the positive attitude towards the presence of compromise norms in the Criminal Code of the Russian Federation, containing the possibility of exemption from criminal liability for a committed crime, their mere presence seems insufficient. It is important to introduce a mechanism for the functioning of the norms, which will describe in detail all the stages necessary for their application. The article discusses controversial issues of insufficient legislative regulation of exemption from criminal liability on the basis of the application of a note to Art. 126 of the Criminal Code of the Russian Federation. The opinions of scientists concerning the application of special grounds for exemption from criminal liability for kidnapping are generalized, the position of the Supreme Court of the Russian Federation regarding the understanding of the term “voluntary release of the kidnapped” is considered. A number of controversial issues that have not been taken into account by the legislator, which require mandatory regulation, are cited. The article examines the existing judicial practice of applying the note to Art. 126 of the Criminal Code of the Russian Federation. A lack of uniformity in the law enforcement activities of the judiciary was revealed. Supplements are proposed to the new resolution of the Plenum of the Supreme Court of the Russian Federation of December 24, 2019 No. 58 to increase the effectiveness of the application of the considered grounds for exemption from criminal liability. As a result, a proposal was put forward that is aimed at improving the note to Art. 126 of the Criminal Code of the Russian Federation. The issues raised in the article are of scientific and practical interest.
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