Article 311. Receipt of a Bribe

1. Receipt by person authorised to perform state functions, or by a person equated to such person, personally or through an intermediary of a bribe in the form of money, securities, other property, the right to property, or benefits of a material nature for the commission (omission) of actions in favour of the briber or persons represented by him, if such actions (omission of actions) are within the authority of a given person authorised to perform state functions, or a person equated to such person, or if he, by virtue of his official position, may contribute to such actions (omission of actions), as well as for general protectorate or connivance in service,

shall be punished by a fine in an amount from seven hundred up to two thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by restriction of freedom for a period up to five years, or by imprisonment for the same period with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years with confiscation of property or without such confiscation.

2. Same acts committed by an official and equally the receipt of a bribe for illegal actions (omission of acts), -

shall be punished by imprisonment for a period from three to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years with confiscation of property or without such confiscation.

3. Acts stipulated by the first or second part of this Article, which are committed by a person holding a responsible civil position, -

shall be punished by imprisonment for a period from five to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years with confiscation of property or without such confiscation.

4. Acts stipulated in the first, second, or third part of this Article, if they are committed as follows:

a) by way of extortion;

b) by a group of persons upon a preliminary collusion or by an organised group;

c) in a large amount,

d) several times, -

shall be punished by imprisonment for a period from seven to twelve years with forfeiture of property.

Notes.

1. A large amount of a bribe shall be understood to mean an amount of money, or value of securities, other property or benefits of material nature, which exceeds five hundred monthly assessment indices.

2. The receipt for the first time by person authorised to perform state functions or by a person equated to such person of property, the rights to property, or other material benefit, as a gift, in the absence of preliminary agreement, for earlier committed lawful actions (omission of actions), if the value of such a gift did not exceed two monthly assessment indices, shall not be recognised as a crime due to its small significance, and it shall be prosecuted through a disciplinary procedure.

Date: 2014-12-21; view: 899