Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 70
2021
Recibido el 14/06/2021 Aceptado el 12/09/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 70 (2021), 586-597
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Modern Criminal-Legal Problems of the
Fight Against Corruption in Russia
DOI: https://doi.org/10.46398/cuestpol.3970.34
Melnikov Victor Yuryevich *
Seregin Andrei Victorovich **
Akopov Leonid Vladimirovich ***
Skorik Elena Nikolaevna ****
K.A. Dolgopolov *****
Abstract
The ght against corruption is one of the priorities of the
State policy of the Russian Federation. There are reasons to
note that it is advisable to analyze the regional details of law
enforcement activities to counter corruption-related crimes
through the legal and organizational ways of implementing
the state’s law enforcement function. In the article the main
objective is to analyze criminal law issues related to the ght
against systemic corruption in Russia. In the early 90s of the twentieth
century, the country replaced communist ideology with market ideology.
To fulll the objective of the study, the dialectical method of cognition of
social and legal phenomena and concepts is used in their development and
interdependence. He concludes that human values and moral principles
have changed. There have been discussions about systemic corruption in
Russia for decades. Endless conversations about corruption have become
a convenient screen not only for incompetent ocials. Popular with the
people, the «disembarkation» of high-ranking ocials creates a semblance
of «movement,» although no real action is taken.
Keywords: corruption; human rights; freedoms; the rule of law; criminal
liability.
* Doctor of Laws. Professor of the Department of Criminal Procedure and Criminalistics, Rostov Institute
(branch) VGUYUA (RPA of the Ministry of Justice of Russia), Russian Federation. ORCID ID: https://
orcid.org/0000-0002-1368-8401. Email: juliameln@mail.ru
** Candidate of Legal Sciences, Associate Professor, Head of the Department of State and Legal Disciplines,
Rostov Institute for the Protection of Entrepreneurs, Russian Federation. ORCID ID: https://orcid.
org/0000-0003-2219-382X. Email: andrei-seregin@rambler.ru
*** Doctor of Law, Professor, Head of the Department of fundamentals of law, Federal State-Funded
Educational Institution of Higher Education Don State Technical, University, Russian Federation.
ORCID ID: https://orcid.org/0000-0003-0645-4196. Email: norin.gospravo@yandex.ru
**** Candidate of Legal Sciences, Associate Professor, Head of the magistracy department of the Rostov
Institute for the Protection of Entrepreneurs, Russian Federation. ORCID ID: https://orcid.org/0000-
0002-4054-8180. Email: apskiba@mail.ru
***** Associate Professor, Rostov Institute (branch) VGUYUA (RPA of the Ministry of Justice of Russia),
Russian Federation. ORCID ID: https://orcid.org/0000-0002-6934-0121. Email: nadal06@mail.ru
587
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 586-597
Problemas jurídicos penales modernos de la lucha
contra la corrupción en Rusia
Resumen
La lucha contra la corrupción es una de las prioridades de la política estatal
de la Federación de Rusia. Hay motivos para señalar que es aconsejable
analizar los detalles regionales de las actividades de aplicación de la ley
para contrarrestar los delitos relacionados con la corrupción a través de las
formas legales y organizativas de implementar la función de aplicación de
la ley del estado. En el artículo el objetivo principal es analizar cuestiones
de derecho penal relacionadas con la lucha contra la corrupción sistémica
en Rusia. A principios de los 90 del siglo XX, el país reemplazó la ideología
comunista por la ideología del mercado. Para cumplir con el objetivo del
estudio se utiliza el método dialéctico de cognición de los fenómenos y
conceptos sociales y jurídicos en su desarrollo e interdependencia. Se
concluye que los valores humanos y los principios morales han cambiado.
Ha habido discusiones sobre la corrupción sistémica en Rusia durante
décadas. Las conversaciones interminables sobre la corrupción se han
convertido en una pantalla conveniente no solo para los funcionarios
incompetentes. Popular entre la gente, el «desembarco» de funcionarios
de alto rango crea una apariencia de «movimiento», aunque no se toman
medidas reales.
Palabras Clave: corrupción; derechos humanos; libertades, estado de
derecho; responsabilidad penal
Introduction
The state should never forget that the proper performance of its external
tasks and functions also determines the internal situation in the country,
the ability to fulll, among other things, its social obligations (Shestak,
2020).
The detection and investigation of corruption-related crimes is an
urgent problem of modern legal science, since the increase in corruption
in various forms of its manifestation is a great threat to the constitutional
rights and freedoms of citizens and the national security of Russia. It is
necessary to note the general strategic goals and tasks facing the domestic
law enforcement system. The main document establishing 16 such goals
is the Decree of the President of the Russian Federation of 31.12.2015 No.
683 “On the National Security Strategy of the Russian Federation”, which
denes the key threats to the state and society in the conditions of modern
globalization processes (Decree of the President of the Russian Federation,
No. 683 of 31.12.2015). Overcoming the negative activities of corrupt
588
Melnikov Victor Yuryevich, Seregin Andrei Victorovich, Akopov Leonid Vladimirovich, Skorik
Elena Nikolaevna y K.A. Dolgopolov
Modern Criminal-Legal Problems of the Fight Against Corruption in Russia
organizations to attract new participants is possible if state religious
educational institutions are created, the general legal culture of society is
increased, and intolerance to such phenomena is increased.
The amount of money that was withdrawn by corrupt ocials from
Russia, but then they managed to return it, is small compared to how much
actually goes abroad to oshore zones. How can the state return the stolen
money from the country’s budget?
Experts from the FATF (group for the development of nancial measures
to combat money laundering) believe that Russia should actively engage
in asset recovery. The damage from bribes, stolen funds from the budget,
income hidden from taxes, money from drug tracking and fraud reaches
220 billion rubles a year. A third of all criminal income is generated by
embezzlement from the budget. From 2014 to 2018, about 318.5 billion
rubles were seized from criminals. And only 1.5 % of this amount was
conscated from those who laundered money.
FATF oers Russia to allow law enforcement ocers to withdraw illegal
money directly from bank accounts. We hope that the list of property
suitable for conscation will be expanded. This is part of the National Anti-
Corruption Plan for 2018-2020 (Anisimov et al., 2019). In 2019, about 9
billion rubles were conscated. As for the money in bank accounts abroad,
the problem is not so much in the Russian legislation, but in the international
one. To withdraw money from an account outside the jurisdiction of the
Russian Federation, according to the laws of Russia, is quite problematic.
1. Method
Methodological basis of this study is the dialectical method of cognition
of social and legal phenomena and concepts in their development and
interdependence. In the process, general-purpose and scientic methods
of scientic knowledge are used as well, historical and legal, systemic,
structural-functional, comparative legal, statistical, sociological, specically
the formal-logical, logical-legal and others. The legal framework and
information base includes the research of international legal instruments,
scientic sources, investigative and judicial practices to ensure the rights
and lawful interests of individuals in the pre-trial proceedings.
2. Results
2020 was a record year for the scale of corruption in Russia. Crimes are
often committed openly, both in the capital and in the regions. As a result of
the intervention of the Prosecutor General’s Oce of the Russian Federation,
589
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 586-597
876 ocials were dismissed due to loss of condence. 9.2 thousand criminal
cases on corruption crimes were sent to the courts, 8 thousand of which
were convicted. The 12 billion rubles returned to the state in 2019 is very
small against the background of the real scale of embezzlement and bribery.
The courts of the Rostov region in 2019 considered 216 criminal cases (in
2018, 196 cases), which is 1.6 % of all cases. In 2019, two acquittals were
issued in cases of corruption (Shestak, 2020; Melnikov, 2020).
Over the past three years, the number of corruption-related crimes has
been increasing at a small pace (from 28.3 thousand to 29.4 thousand).
In their structure, the facts of bribery account for less than half of the
detected crimes (13.7 thousand), compared to last year’s value, their
number increased by 5 %. Every third fact is a minor bribery (-2.7 %, 4.9
thousand). The three regions with the largest number of the latter included
the Republic of Bashkortostan (195), the Stavropol Territory (174) and
Moscow (173) (Yavlinsky and Braguinsky, 1994).
The Accounting Chamber of the Russian Federation found that in the
execution of the budget of 2019, the volume of violations amounted to
400 billion rubles. The Accounting Chamber of the Russian Federation
estimated the amount of theft from the federal budget of Russia. In criminal
cases, this is from two to three billion rubles a year, usually even less.
According to the scale of corruption, Russia is in 137th place, between
Kenya and Uganda. There has been talk of corruption in Russia for decades.
They were conducted before the revolution of 1917. And yet the country has
had periods of both stagnation and growth. Endless talk about corruption
has become a convenient screen not only for incompetent ocials. Do the
popular “landings” of high-ranking ocials create the appearance of a
“movement”? Is there no systemic corruption in the country?
The former colonel of the Ministry of Internal Aairs of the Russian
Federation Dmitry Zakharchenko was sentenced to 12.5 years in a high-
security penal colony. He was found guilty of receiving a large-scale bribe
and obstruction of justice (Burnham, 2000). He was also awarded a ne of
almost 118 million rubles, deprived of state awards, the rank of colonel and
the right to hold senior positions in state bodies for two years. In total, in
the case in favor of the state budget, currency and property worth 9 billion
rubles were seized.
In November 2019, the head of the personnel service of the Ministry
of Internal Aairs of Russia in Moscow, Panov, was arrested. Investigative
measures were initiated in the framework of a criminal case on the sale of
positions. With the ling of the specied police ocer, ocial positions were
traded (Denition of the Constitutional Court of the Russian Federation of
July 02, 2013).
590
Melnikov Victor Yuryevich, Seregin Andrei Victorovich, Akopov Leonid Vladimirovich, Skorik
Elena Nikolaevna y K.A. Dolgopolov
Modern Criminal-Legal Problems of the Fight Against Corruption in Russia
A comparative analysis of crime statistics, outlined by the framework
of threats to state and public security, shows a clear unevenness of the
criminal situation in the country and identies the regions with the most
unfavorable state. In the implementation of law enforcement activities of
the state, it is necessary to consider the ethnic, migration, religious, socio-
cultural aspects of human rights violations, threats to the security of society
and the state by oenders.
As noted by G. Yavlinsky (Yavlinsky and Braguinsky, 1994), the
transformation of mass protest actions, including the fact of systemic
corruption, from an instrument of democratic politics into an independent
phenomenon that claims to replace politics, has now acquired a global
scale: these are mass protests in the United States and Hong Kong, the
“yellow vest” movement in France, and many other social upheavals in the
world over the past ten years. This applies not only to those countries where
corrupt dictatorships destroy or profane democratic institutions, eectively
pushing the disaected into the streets. We are already talking about a
much broader problem — the growing awareness of the social impasse, the
“loss of the future”, which, in fact, forms the protest movement. However,
instead of clear demands and a reform program, the protesters, as a rule,
either put forward initiatives like reducing police funding (“Defund the
Police” in the United States), or do not oer anything at all. And to satisfy
the protesters ‘ need for action (“we must do something!”), actions are
organized that can be described as “activism instead of politics”. As a result,
the current protests are losing out to the civil movement of the second half
of the XX century precisely by the lack of its own political component. This
allows politicians who are situationally opposed to the current government
to use the fruits of protest.
Meanwhile, conversations about the self-generation of a new quality
through technology are becoming tools of those in power to disorganize
real opposition politics and behind-the-scenes manipulations, the
purpose of which is to divert attention from the substantive agenda and
program of action. It should be noted that, despite the mass protests, the
struggle for civil rights, against administrative arbitrariness, corruption
and authoritarianism today does not bring signicant positive results.
Objectively, the situation is only getting worse.
The legal position of the Constitutional Court of the Russian Federation,
set out in one of its denitions, is of great importance. Its essence boils down
to the fact that the duty of the legislator to formulate legal prescriptions
with a sucient degree of accuracy that allows the citizen to conform to
their behavior – both prohibited and permitted, does not exclude the use
of evaluative or generally accepted concepts (categories) (Denition of the
Constitutional Court of the Russian Federation of July 02, 2013).
591
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 586-597
There are grounds to analyze the law enforcement practice in the eld
of anti-corruption. Since 1998, more than 90 legal acts have been adopted,
half of which are federal laws.
}To date, according to the presidential decree of April 2013, a person who
has reported to law enforcement or other government agencies about the
facts of corruption that have become known to him, disciplinary measures
are applied only after the consideration of the relevant issue at a meeting of
the commission on compliance with the requirements for ocial conduct, a
prosecutor can participate in it.
Among those who complain about corruption among their subordinates
and management, primarily want to remain anonymous, the adoption of the
bill would change the perception of people. The State Duma of the Russian
Federation, in turn, rejected a government bill to protect people who have
reported corruption. Earlier, on December 5, 2018, the Government of the
Russian Federation submitted to the State Duma a package of draft laws
aimed at comprehensive improvement of anti – corruption legislation-
some of their provisions address the issues of the draft law, which was
proposed to be rejected. Later, the Government of the Russian Federation
in its letter of May 22, 2019, asked to withdraw this bill from consideration
(Shestak, 2020).
The bill, prepared by the Ministry of the Russian Federation and the
government submitted to the state Duma in October 2017 (adopted in the
rst reading in December 2017), contained measures of protection by a state
of people who “notied the employer, the Prosecutor or state authorities
about corruption oences committed in state agencies, local governments
or organizations.” The bill introduced a separate article in the anti-
Corruption law on the rights and protection of persons who have notied
of corruption oenses. It provided protection against unjustied dismissal
for two years from the date of registration of the notication of a corruption
oense and allowed the dismissal of the notier only after a meeting of the
commissions on compliance with the requirements for ocial conduct or
other collegial bodies – the prosecutor was necessarily invited to them. In
the case of a person’s participation in criminal proceedings, the measures
provided for by the laws on State protection could be used. The draft law
ensured the condentiality of the information contained in the person’s
application, and the possibility of receiving free legal assistance.
Measures to protect the State of applicants for corruption are not
determined by the legislation of the country. The rejected bill did not
introduce condentiality of information about the applicant, free legal
assistance, complicated procedure for dismissal and criminal prosecution
after a statement of corruption, in contrast to the rejected bill, where these
rules exist. The decree of the President of the Russian Federation contains
a provision on the protection of civil servants who reported corruption, but
there are no such rules for municipal employees or ordinary citizens.
592
Melnikov Victor Yuryevich, Seregin Andrei Victorovich, Akopov Leonid Vladimirovich, Skorik
Elena Nikolaevna y K.A. Dolgopolov
Modern Criminal-Legal Problems of the Fight Against Corruption in Russia
The Ministry of Justice of the Russian Federation is preparing
amendments to the current law that gives prosecutors the right to apply
to the court with a demand to withdraw real estate, cars and securities
belonging to ocials from the state, if the legality of their acquisition is
not proven, and the cost exceeds the ocial family income for three years.
This procedure does not apply to funds – for example, to an undeclared
bank account by an ocial. In court, of course, the ocial will have the
opportunity to prove that the money was obtained legally, received, for
example, as an inheritance, borrowed. But in fact, it will be more dicult
to do this than before: you will have to submit loan or gift agreements and
other documents to the court.
The criminal article providing for the conscation of property (Konina,
2020.) does not meet the requirements of the time. It only works in cases
of crimes related to human tracking, bribery, murder, or the use of slave
labor. In 2019, the head of the Investigative Committee of Russia Alexander
Bastrykin has proposed to change article 44 of the criminal code to apply it
for the conscation of property of corrupt ocials and more ecient to pay
damages to the state (Burnham, 2000).
The Constitutional Court of the Russian Federation has allowed the
seizure of property from anyone who does not prove the legality of its
acquisition. The Constitutional Court of Russia has conrmed the legality
of the conscation of property not only from corrupt ocials and their
relatives, but also from friends or acquaintances of the accused. This is
stated in the court’s rulings on the complaints of the former Colonel of the
Ministry of Internal Aairs Dmitry Zakharchenko, convicted of bribery,
and his relatives. According to the applicants, withdrawal from friends and
relatives Zakharchenko property at 9 billion roubles was illegal because
the Prosecutor General’s oce has not provided direct evidence that the
property was purchased with illegal prots of the former strongman. But
the court found contradictions in the norms, allowing to withdraw in favor
of the state property if it is purchased with the income, the validity of which
has not been conrmed by anyone, not just ocials and members of their
families specied in the law on control over expenses of state employees.
In fact, the Constitutional Court of the Russian Federation has put an end
to the dispute, and now the property of any person can be turned into state
income, if he does not prove the legality of its origin. To prove the lawful
origin of the property will have to court with help from the IRS on form
2-NDFL.
593
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 586-597
3. Discussion
On the one hand, representatives of the authorities say that they
welcome the ght against corruption, on the other hand, they toughen the
punishment for the facts of reporting this phenomenon by the population.
Thus, according to Part 2 of Article 128.1 of the Criminal Code of the Russian
Federation (Burnham, 2000), slander may be contained in a public speech,
a publicly displayed work, the mass media, or committed publicly using
information and telecommunications networks, including the Internet,
or in relation to several persons, including those who are not individually
identied.
We see that in Part 2 of Article 128.1 of the Criminal Code of the Russian
Federation in 2020 (Burnham, 2000; Nikolaevna, 2020), two new qualifying
signs of slander were introduced, namely, slander committed publicly
using the “Internet”, as well as slander against several persons, including
individually undetermined ones. In addition, the list of possible penalties
for committing crimes provided for by the qualied elements of Article 128.1
of the Criminal Code of the Russian Federation has been supplemented.
Part 3-Part 5 of Article 128.1 of the Criminal Code also introduces new types
of punishments (forced labor, arrest and imprisonment).
In addition, Part 4 of Article 128.1 of the Criminal Code of the Russian
Federation separately highlights the slander that a person suers from a
disease that poses a danger to others (Burnham, 2000; Nikolaevna, 2020).
Recall that the list of such diseases approved by the Government of the
Russian Federation in 2020 included coronavirus infection (2019-nCoV).
For the commission of this act, the maximum penalty is provided in the
form of imprisonment for up to 4 years, which refers this act to the category
of moderate severity, whereas previously slander, including with qualifying
signs, was classied as a minor crime (Melnikov, 2020).
In 2020, during the discussion of the bill at a meeting of the State Duma,
the deputy from the LDPR Dmitry Pyanykh drew attention to the fact that
the Internet often sounds harsh criticism of the authorities in committing
corruption, including against government ocials. He assured that the bill
is aimed at protecting the constitutional rights of citizens.
The explanatory note to the bill then stated: “Due to the rapid development
of information technologies, information and telecommunications networks,
including the Internet, are becoming increasingly important as a source of
information. Most of the sites on the Internet are not mass media, since
they are not registered as such in the prescribed man ner. At the same time,
these sites often have an audience that signicantly exceeds the coverage of
traditional mass media.” As we can see, in 2021, the responsibility for other
qualifying criteria will also be tightened.
594
Melnikov Victor Yuryevich, Seregin Andrei Victorovich, Akopov Leonid Vladimirovich, Skorik
Elena Nikolaevna y K.A. Dolgopolov
Modern Criminal-Legal Problems of the Fight Against Corruption in Russia
On the one hand, it was possible to bring to justice for defamation on
the Internet before, but in the second part only if the Internet resource is
registered as a mass media. If there was no such registration, the slanderer
could be involved in the rst part. In other words, they did not introduce
liability for defamation on the Internet but tightened it. They were taken
out of the cases of private prosecution (i.e., when only at the request of the
victim is initiated) in the cases of public prosecution. Now it can be brought
in fact, even if the “slandered” has no claims.
A fundamentally new point: “... as well as in relation to several persons,
including those who are individually undetermined.” Previously, slander
is an individually directed action. For example, a post on the Internet
that the mayor, for example, Ivanov, is a corrupt ocial. This is slander.
Because he is not a corrupt ocial. Well, or not slander, if a corrupt
ocial. The phrase “all the authorities of the city are corrupt” could not
be slander in principle, since the wording of Article 128.1 of the Criminal
Code of the Russian Federation implied the focus of slander on a specic
person. The amendments will make it possible to prosecute for defamation
against an indenite number of persons. And for attacks, for example,
on the administration, it will be possible to be held accountable. From a
procedural point of view-and who will be recognized as victims? Libel is a
crime against the individual, and a victim is needed. And who will they be
if, for example, slander is imputed in the form of “all the power of the city
– embezzlers”? Let’s say that a criminal case was opened, and in fact. Will
there be “unspecied victims”, such as city administration ocials? But this
is a crime against the individual, the main object is the honor and dignity of
the individual. And what now – the honor and dignity of many individuals?
Will they oer everyone who wants their “slandered” group to register as
victims? In fact, it is too early to draw any global conclusions, there are
no criminal cases against “commentators” of the same network resources
registered as mass media yet. The norm of libel in relation to an indenite
circle of persons is very interesting and can be very dicult to prove.
At the same time, slander is still understood as the dissemination of
deliberately false defamatory information. The most important thing in
the new formulation is not clear how to establish falsity, i.e., inconsistency
with reality. If the circle of persons to whom the information relates is
not dened, then suddenly for the next person who has already been
considered and dened, this information will be relevant to reality, i.e., not
false? Many scientists and practitioners were waiting for the court practice
to decide that the attacker, to avoid responsibility, gave his slander only
the appearance of an opinion, although it was a statement of fact. No such
examples have been established. As it was established that at one time a
lawsuit was led against Rospotrebnadzor G. G. Onishchenko for the fact
that the latter at a press conference said that all collectors violate the law.
The court refused the claim, because G. G. Onishchenko obviously does not
595
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 586-597
know all the collectors personally, and therefore it was his opinion. It turns
out that if such a situation occurs after the entry into force of the new law
on libel, it is very likely not civil, but criminal liability?
Conscientious error regarding the authenticity of information excludes
liability under Article 128.1 of the Criminal Code of the Russian Federation
(Burnham, 2000). Libel, coupled with the accusation of a person in the
commission of a sexual crime or a serious or particularly serious crime,
should be distinguished from deliberately false denunciation, responsibility
for which comes under Article 306 of the Criminal Code. At obviously false
denunciation the intention of the persons directed on attraction of the
victim to criminal liability (guilty expresses the will to involve the victim in
criminal responsibility in the manner prescribed by law), and the slander –
on humiliation of its honour and dignity.
The Presidium of the Supreme Court of the Russian Federation
approved a new review on April 30, 2020. A person who distributes a
single deliberately false information, for example, text information of a
formally extremist orientation, in WhatsApp or other messengers can be
brought to justice under Article 207.1 of the Criminal Code of the Russian
Federation (Burnham, 2000; Nikolaevna, 2020). We are not talking, for
example, about information messengers about upcoming crimes that need
to be immediately responded to. This explanation is of particular interest
if we take into account the provisions of the Constitution of the Russian
Federation (Burnham, 2000), according to which everyone is guaranteed
the secrecy of correspondence, the absence of signs of publicity, and the
receipt of information by a court decision. Based on the explanations
of the Supreme Court, law enforcement ocers can conclude that the
personal correspondence of two persons can be public. This interpretation
of the provisions of Article 207.1 of the Criminal Code of the Russian
Federation may be questioned by individual citizens and challenged in the
Constitutional Court of the Russian Federation. Human and civil rights and
freedoms must be reliably protected (Burnham, 2000; Nikolaevna, 2020).
Conclusion
The RAHXiGS analytical report on the current state and trends in the
development of the state civil service provided data on why citizens refuse
to help the state in the ght against corruption: most said that they consider
corruption a positive phenomenon, some considered it useless, dangerous
for themselves and because they feared for the lives of their relatives and
friends. This is the value-cultural level of corruption, the vital values of the
country’s citizens, ocials, and public consciousness. In the early 90s of the
20th century, we were replaced by the communist ideology of consumption,
making money. Human values and moral principles have changed.
596
Melnikov Victor Yuryevich, Seregin Andrei Victorovich, Akopov Leonid Vladimirovich, Skorik
Elena Nikolaevna y K.A. Dolgopolov
Modern Criminal-Legal Problems of the Fight Against Corruption in Russia
A culture of respect and tolerance for other cultures, religions and races
must be developed in society. The objective reason is that the Russian
Federation is historically characterized by the diversity of the nationalities
and cultures of the peoples living in it.
Insucient mechanisms of interaction of state bodies with various
organizations and associations. There is a lack of a clear own ideological
policy (it is considered that the state ideology is prohibited by the
Constitution of the Russian Federation). This leads, among other things, to
the partial replacement of the State’s function in this area by the activities
of various illegal organizations. It is necessary to pay more attention to the
“information impact” on the facts of corruption in a society that implements
a strategy of relying on public opinion in one form or another.
Thus, crimes against the freedom, honor and dignity of the individual
should be understood as acts that directly infringe on the human freedom,
personal inviolability, as well as on honor and dignity as benets belonging
to each person from birth, enshrined in the Constitution of the Russian
Federation.
Conict of interest
The author conrmsthat the datado not contain anyconict of interest.
Bibliographic References
ANISIMOV, Valery; LAPSHIN, Valery; BLASHKOVA, Liudmila. 2019. “Statistic
Accounting as an Anti-Corruption Measure in Russia.” International
Scientic-Practical Conference “Business Cooperation as a Resource
of Sustainable Economic Development and Investment Attraction”
(ISPCBC 2019). Atlantis Press.
BURNHAM, William. 2000. “The New Russian Criminal Code: A Window
onto Democratic Russia” In: Rev. Cent. & E. Eur. L. 26, pp. 300-365.
DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION. NO. 683 of
31.12.2015 “On the National Security Strategy of the Russian Federation”.
Collection of Legislation of the Russian Federation. 04.01.2016. №. 1
(part II). Article 212.
DEFINITION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN
FEDERATION OF JULY 02, 2013, No. 1053-O. Bulletin of the
Constitutional Court of the Russian Federation, 2, 2014. Russia.
597
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 586-597
KONINA, D. V. 2020. “Legal and technical design of denitions in text of
criminal code of Russian federation” In: International research journal.
Vol. 6, No. 96, pp. 157-159.
OFFICIAL WEBSITE OF THE PROSECUTOR GENERAL’S OFFICE OF THE
RUSSIAN FEDERATION. In: Legal statistics. Available online. In: //
http://crimestat.ru. Date of consultation: 15/12/2020.
MELNIKOV, Vladimir. 2020. “The role of the state in ensuring human rights
and freedoms” In: Rostov n/A: Foundation of Science and Education,
pp. 438-451. Rostov, Russia.
NIKOLAEVNA, Shashkova Valentina. 2020. “Comparative Analysis of Lexical
Units Nominating Crimes against Life and Health in the Criminal Code
of the Russian Federation and the Model Penal Code of the United States
of America” In: Philological sciences. Vol. 13, No. 10, pp. 210-229.
SHESTAK, Viktor. 2020. “On Special Prospects for Criminal Finances Act
Application in Combating Modern Economic Crimes”. On special
prospects for criminal nances act application in combating modern
economic crimes. Actual issues of the ght against crime: Materials
Prepared for The Second Correspondence International Scientic-
Practical Conference (15 May 2020). Moscow State University. Moscow,
Russia.
YAVLINSKY, Grigory; BRAGUINSKY, Serguey. 1994. “The ineciency of
laissez-faire in Russia: Hysteresis eects and the need for policy-led
transformation.” In: Journal of Comparative Economics. Vol. 19, No. 1,
pp. 88-116.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº Especial
