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The Supreme Court clarified its ruling on bribery cases

On December 24, the Plenum of the Supreme Court adopted a Resolution amending the Resolutions of the Plenum of the Supreme Court No. 24 of July 9, 2013, "On Judicial Practice in Cases of Bribery and Other Corruption Crimes" and No. 19 of October 16, 2009, No. 19 "On Judicial Practice in Cases of Abuse of Official Authority and Exceeding Official Authority."

The resolution supplements the list of instruments for accumulating funds and carrying out payment transactions that can be used for settlements with corrupt officials. It introduces the concept of an "electronic wallet," which includes payment systems that offer money storage and transfer without opening an account: the most popular of these are Yandex.Money and Qiwi Wallet. Accordingly, the transfer of funds to an "electronic wallet" may be considered the moment when the bribe is given.

A new interpretation of the concept of "mediation in bribery and commercial bribery" is proposed. Now it includes not only the direct transfer on behalf of the bribe giver or bribe recipient, but also on behalf of the person transferring or receiving the object of commercial bribery, money, and other valuables, as well as other assistance in achieving or implementing an agreement between these persons on receiving and giving a bribe or an object of commercial bribery. For example, organizing a meeting between the bribe giver and the bribe taker or conducting negotiations with them will be considered mediation.

In addition, the requirements for the legality of operational-investigative measures are being tightened. In order to assess the evidence obtained by law enforcement agencies in the course of such operations, the court, regardless of the defendant's admission of guilt, must verify the legality and validity of their conduct.

Tags
Criminal prosecution
Foreign bribery
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