Primary foreign anti-bribery legislation and enforcement agencies
Criminal Code 1996
Code of Administrative Offences 2001
Federal Law No. 273 “On Combatting Corruption” 2013
Prohibit bribery of foreign and domestic public officials
Investigating agency: Any public prosecutor
Prosecuting agencies: Any public prosecutor
Offenses
Bribing Foreign Public Officials
- A Russian public official is any person who permanently, temporarily or under a specific authorisation performs the function of a representative of state power as well as persons who perform organisational or administrative functions in state and municipal bodies or establishments, as well as in the Russian military and other armed forces.
- A foreign public official is any person who is appointed or elected to an office in the legislative, executive, administrative or judicial body of a foreign state, including a public administration or enterprise.
- The Criminal Code prohibits the provision of a bribe to Russian and foreign public officials and officials of public international organizations. This also covers the provision of a bribe through intermediaries.
- A bribe is defined as money, securities, other property, or the illegal provision of services, or the provision of other property benefits to a public official (bribe taker) for the latter’s acts or omissions in favor of the bribe giver or any parties that represent the bribe giver, if such acts or omissions fall within the range of the ex-officio powers of the public official or if such a public official can, by reason of his or her ex-officio status, foster such acts or omissions, or for general patronage or
The defenses to this offense:
- A person who has given a bribe may be relieved of criminal liability if he or she actively aids with the detection and prosecution of the crime, or reported himself or herself to the criminal law enforcement authorities after the commission of the crime, or was solicited by a particular public official to give a bribe.
Commercial Bribery: Russian law differentiates between a bribe to a public official as compared to a bribe to a manager of a private company. The Criminal Code defines ‘commercial bribery’ as unlawful provision of anything which has pecuniary value (including property rights, services, etc.) to a person who performs managerial functions in a commercial or other organisation for an act or omission in connection with that person’s official position in the interests of the provider.
Corporate liability arises under the Code of Administrative Offences. In Russia, legal entities have no criminal liability. When a legal entity is held responsible for unlawful conduct, such an entity is ordinarily subjected to administrative liability, such as administrative fines.
The administrative liability of a legal entity arises for the unlawful provision, offer or promise of anything of pecuniary value to a foreign public official, or an official of a public international organization for any actions or omissions to act in the interest of this legal entity.
A legal entity may be held liable under the Code of Administrative Offences, irrespective of the liability of a particular individual involved in the giving of a bribe.
Penalties – Criminal and/or administrative liability
For an individual – The maximum sanction for a bribe exceeding RUB1 million (approximately USD15,000) is a fine from 70 to 90 times the amount of the bribe, or imprisonment for 8 -15 years and a fine up to 70 times the amount of the bribe.
For bodies corporate – The maximum sanction for a bribe over RUB25 million (approximately USD385,500) is a fine of up to 100 times of the amount of the bribe, but not less than RUB100 million (approximately USD1.5 million). In all cases, the bribe or its equivalent value may be confiscated.
This list is to be used as a guide only. It is intended to provide high-level information regarding the primary laws in the specified countries in relation to anti-bribery and anti-corruption laws. Please refer to the relevant legislation for detailed information and to ensure that the information contained in this guide is up-to-date, and refer to the relevant Baker & McKenzie contact for the jurisdiction for specific advice.