Appeared brokerage mediation: disputed qualifications
Introduction. Increase in the facts of corruption crimes, which cause significant damage to the normal functioning of the state continue to grow every year. One of the crimes of corruption is intermediation in bribery. Objective/Objectives. In the present article, the main purpose is to consider the existing controversial issues in qualification of «sham» mediation in bribery. In this regard, the objectives were: to study the practice of application of criminal legislation on bribery; to identify problems of qualification and interpretation of the rules of law on «sham» bribery mediation; to formulate proposals to improve the criminal legislation and practice of application of article 291.1 of the Criminal Code. Methodology. On the basis of the analysis of criminal law doctrine, explanations of the higher judicial instances, materials of the concrete judicial practice, the key criterion in definition of «sham» mediation, and also a rule of qualification of swindling and a promise of mediation in bribery is revealed. Conclusions. As a result of the research, it is proposed to include in the current decree of the Plenum of the Supreme Court of the Russian Federation «On judicial practice on cases of bribery and other corruption crimes» additional explanations concerning qualification of the combination of fraud with a promise of bribery mediation and in the absence of it. Such provisions will promote uniformity in law enforcement activities and help avoid mistakes in qualification of «sham» mediation.