RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of May 22, 2012 No. 7

About modification of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 No. 6 "About court practice on cases on bribery and commercial bribery"

Due to the questions which arose at courts concerning the bases of differentiation of qualification of taking of a bribe for actions (failure to act) which are included into office power of the official, from taking of a bribe for illegal actions (failure to act) the Plenum of the Supreme Court of the Russian Federation for the purpose of ensuring unity of court practice and being guided by article 126 of the Constitution of the Russian Federation, articles 9 and 14 of the Federal constitutional Law of February 7, 2011 N 1-FKZ "About courts of law in the Russian Federation", decides:

Item 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 N 6 "About court practice on cases on bribery and commercial bribery" (with the changes made by resolutions of the Plenum of February 6, 2007 N 7 and of December 23, 2010 N 31) to state in the following edition:

"10. Explain to courts that in sense of part 1 of article 290 Criminal Code of the Russian Federation it is necessary to understand actions (failure to act) which it is competent to make according to the office powers and which formally conform to requirements of the law, other normative and other legal acts as the actions (failure to act) of the official which are included into its office power. In this case bribery is caused, for example, by desire of the briber to accelerate adoption of the relevant decision by the official or to influence the choice (within competence or the official's discretion) the optimum decision for itself or the represented persons or other similar motives.

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