The problem of protecting the interests of persons who have been subjected to extortion of bribes or the subject of commercial bribery
The concepts of extortion of a bribe and extortion of the subject of commercial bribery have been introduced into modern circulation since 1918 and 1996, respectively. The presence of extortion is in both cases an aggravating circumstance for the responsibility of the extortionist and a circumstance exempting the bribe-giver or the transmitter of the subject of commercial bribery from liability if they report the extortion to the competent law enforcement agencies and participate in an operational experiment to transfer the bribe or the subject of commercial bribery under control. The main difficulty in organizing an effective fight against these crimes is the lack of formulations of these concepts in the law, since the organization of such an operational experiment in the absence of extortion is a provocation of giving a bribe or transferring the subject of commercial bribery. At first, all operational, investigative workers and judges used the wording of extortion as a property crime contained in Articles 194-195 of the Criminal Code of the RSFSR of 1922 and Article 174 of the Criminal Code of the RSFSR of 1926. In short, it can be stated as a demand for the transfer of property, namely bribes, under threat of further violating the interests of the victim. Since 1962, the Plenum of the Supreme Court of the USSR, and then the Russian Federation, began to officially formulate extortion as a demand for the transfer of a bribe or an object of commercial bribery under the threat of further harming only the legitimate interests of the victim. The article states that, in contrast to the position of the Plenum of the Supreme Court of the Russian Federation, all interests of persons who have been subjected to extortion of a bribe or the subject of commercial bribery are subject to protection, and it is proposed to introduce the wording of terms directly into the law.