The Anti-corruption Law defines corruption as:
- the abuse of an official rank or powers;
- giving or receiving a bribe;
- commercial bribery;
- other illegal use of official rank by an individual contrary to the lawful interests of the state and society for the purpose of any form of material benefit for oneself or others; or
- the illegal provision of a material benefit to a public official by another individual on their own behalf, or on behalf of or pursuant to the interests of a legal entity.
Material benefit includes money, valuables, other property or pecuniary services, benefits of a “property character” (“imushestvenniy kharakter”, e.g. travel offers), and other property rights.
Bribery is subject to the Criminal Code and consists of two interdependent elements: (i) the giving of a bribe; and (ii) the taking of a bribe. They are committed simultaneously and result in two separate crimes.
According to the Anti-corruption Law, a bribe involving money and other assets may be a property-related benefit, service or a favour, and must have a monetary value (renovation, building a house, etc.). Property-related services may include the transfer of property at an undervalue, a reduction of lease payments or loan interest rates.
If these benefits are provided to family members or friends of the official, with the official’s approval or consent, and the official has used his/her official powers to the benefit of the briber, this also constitutes bribery.
Commercial bribery is the illegal transfer of material assets to a legal entity’s manager in connection with his/her position as well as the unlawful rendering of property-related services, or the granting of other property rights to him/her for taking action (or refraining from action) in the interest of the giver.