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The UN Convention against Corruption and Its Place in the Legal System of the Russian Federation
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The UN Convention against Corruption and Its Place in the Legal System of the Russian Federation
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/jzsp.2023.081
Publication type
Article
Status
Published
Authors
Valentin Mikhailov 
Occupation: Chief Researcher, Center of Criminal and Criminal Procedure Legislation, ILCL; Professor at the Department of International and Public Law, Juridical Faculty, Financial University under the Government of the Russian Federation
Affiliation:
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Financial University under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 19 No. 6
Pages
58-68
Abstract

The subject of consideration in this article (which is based on t he report made on April 26, 2023 during the International Scientific and Practical Conference “The Twelfth Eurasian Anti-Corruption Forum ‘Combating Corruption: the dialectic of scientific knowledge’ ”) is the UN Convention against Corruption and its place in the Russian legal system. The main purpose of the Convention is to promote international cooperation in preventing and combating corruption. Criminalization measures in a certain sense play a supporting role, since their official purpose is to create a universal criminal legal system in different states in order to facilitate international cooperation in cases where extradition and legal assistance require compliance with the principle of double criminalization.

The paper critically examines proposals, including those with references to Article 26 of the Convention on the introduction of criminal liability of legal entities into Russian legislation. It is indicated that the Russian Federation fulfilled its obligation under the Convention in this part by including Article 19.28 in the Russian Code of Administrative Offences, which provides administrative liability for illegal remuneration on behalf of a legal entity to an official.

Comparative legal and dogmatic research methods were used in the work.

As a conclusion, the author summarizes that the Russian Federation as a whole has fulfilled its obligations under the Convention. At the same time, it is emphasized that the Convention objectively serves as a conductor of legal ideas, not all of which are consistent with the way of life of our people.

Keywords
UN Convention against Corruption, international treaties of the Russian Federation, criminalization, ratification, sources of criminal law norms, criminal liability of legal entities
Date of publication
11.12.2023
Number of purchasers
7
Views
72
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Additional sources and materials

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