ANTI-CORRUPTION DRAFT LAWS 2017: CONTROVERISAL ISSUES
The article contains a critical analysis of bills aimed at changing the definition of «corruption», the expansion of corruption and commercial bribery offense scope. It is stated that the introduction of a wide interpretation of corruption in Russian law is sure to provoke debates on the scope of such terms as «services of non-monetary nature», «non-property rights», «other undue preferences». Attention is drawn to issues that may arise in the interpretation of the concept of «other undue preferences». It is specifically indicated that the proposed change of the legal concept of «corruption» can aggravate the existing negative aspects of corruption prevention action. The inconsistency of the proposed changes in the legal description of the subject of certain corruption crimes is highlighted, as well as the controversy concerning the proposals to recognize a person authorized to act on his/her behalf by an enterprise or other legal entity (or an arbiter) as a subject of passive commercial bribery. It is concluded that the proposed legislative innovations are not sufficiently grounded in social terms. They lack coherency with the current legislations system and ignore possible contradictions with active Russian laws.