of September 24, 1999 No. 19
About court practice on cases on bribery
Plenum, having heard information of chairmen Tashkent city and Tashkent regional courts and, having discussed court practice on hearing of cases about bribery, notes that generally this category of cases is allowed correctly in strict accordance with the law. At the same time by hearing of cases about bribery there are mistakes and shortcomings.
For the purpose of uniform and correct application of the legislation by hearing of cases on bribery the Plenum of the Supreme Court decides:
1. Explain that the subject of crime, stipulated in Article 210 Criminal codes of the Republic of Uzbekistan (further - UK) the official of state body, organization with the state participation or self-government institutions of citizens is.
As the subject of this crime it is necessary to recognize also those officials who though had no powers for accomplishment for the benefit of the briber of the corresponding actions, but owing to the official capacity could take for bribe measures to making of these actions by other officials.
2. The money, securities, material values and also rendered gratuitously, but which are subject to service payment (for example, production of repair, restoration, construction works etc.) can be subject of bribe.
3. The court shall find out and reflect in sentence, for accomplishment or what failure to carry out of actions for the benefit of the briber by the official gets bribe. At the same time it must be kept in mind that responsibility for bribery comes irrespective of when the bribe to or after making of action or failure to act is handed, and regardless of whether the bribe was in advance caused, whether any operations for the benefit of the briber are performed.
Receipt by the official of money or other values from persons subordinate or under control to it for protection or connivance on service, for the favorable solution of the questions entering its competence shall be regarded as taking of a bribe.
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