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Specific offences and restrictions

Offences

What are the key corruption and bribery offences in your jurisdiction?

The following are the key corruption and bribery offences in Russia:

  • Unlawful remuneration on behalf of a legal entity – Article 19.28 of the Administrative Offences Code prohibits the bribery of Russian or foreign civil servants or state officials or executives of commercial or other organisations to induce them to use their authority to act in favour of a legal entity.
  • Bribery in commercial organisations – Article 204 of the Criminal Code prohibits the giving to and taking of bribes by executives of commercial or other organisations in connection with their positions in these organisations.
  • Mediation in bribery in commercial organisations – Article 204.1 of the Criminal Code prohibits the direct transfer of bribes to executives of commercial or other organisations on a considerable scale (ie, exceeding Rb25,000, approximately $400) on instructions by the bribe giver or bribe taker.
  • Bribe taking by civil servants – Article 290 of the Criminal Code prohibits the taking of bribes by Russian or foreign civil servants or state officials to induce them to use their authority to act in favour of the bribe giver.
  • Bribe giving to civil servants – Article 291 of the Criminal Code prohibits the giving of bribes to Russian or foreign civil servants or state officials.
  • Mediation in bribery of civil servants – Article 291.1 of the Criminal Code prohibits the direct transfer of bribes to Russian or foreign civil servants or state officials on a considerable scale (ie, exceeding Rb25,000, approximately $400) on instructions by the bribe giver or bribe taker.

Hospitality restrictions

Are specific restrictions in place regarding the provision of hospitality (eg, gifts, travel expenses, meals and entertainment)? If so, what are the details?

Article 575(1) of the Civil Code prohibits any gifts – except for common gifts with a value of up to Rb3,000 (approximately $50) – to civil servants or state officials and in relations between commercial organisations. Since under Russian law any benefits transferred to the donee qualify as a gift (Article 572(1) of the Civil Code), this prohibition also extends to travel expenses, meals, entertainment and other hospitality costs.

Transactions performed in violation of Article 575(1) of the Civil Code are generally considered to be void. Thus, the received benefits must be returned or compensated by the donee (Article 167(2) of the Civil Code). In practice, the prohibition on gifts with a value of more than Rb3,000 is reflected in the Russian companies’ compliance regulations.

Even if the transfer of the gift does not violate Article 575(1) of the Civil Code (ie, the gift is common and its value does not exceed Rb3,000), such transaction may still be subject to liability under the Criminal Code if it was performed with criminal intent.

Facilitation payments

What are the rules relating to facilitation payments?

There are no specific rules under Russian law regulating facilitation payments. Such payments are therefore subject to the general rule on the prohibition of gifts whose value exceeds Rb3,000 (approximately $50) and the penalties for unlawful remuneration and bribery under the Administrative Offences Code and the Criminal Code.

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