The Issue of Bringing to Responsibility for a Corruption-Related Offense under Article 19.29 of the Code of the Russian Federation on Administrative Offences
https://doi.org/10.17803/2542-2472.2023.25.1.053-058
Abstract
The article elucidates the author›s position regarding bringing to administrative responsibility under Article 19.29 of the Code of the Russian Federation for Administrative Offences, namely, for illegal engaging a state or municipal employee or an ex-state or ex-municipal employee in labor activity or performing works or rendering services. In this regard, the authors reviewed the statistical data of the Ministry of Internal Affairs of Russia. As a result, they concluded that the number of corruption- related crimes increased, which indicates the importance and relevance of the subject matter of the study. The article highlights the main legal problems of bringing to responsibility for this offense. However, it is quite difficult to identify the fact of the commission of such an offense. As a rule, when exercising prosecutorial supervision in this area, it is not enough for the prosecutor to examine the documentation of the legal entity being audited. To identify the corruption element, the prosecutor must make appropriate requests to various industry departments. Separate issues arise when a proper person is brought to justice, since in relation to this article it is not clear who falls under this wording of the law. The person who directly signed the employment contract is brought to responsibility. This thesis is also confirmed by clarifications of the Supreme Court of the Russian Federation. Problematic issues related to informing a public authority and/or a local self-government body are considered separately, since this information is of a notification nature.
About the Authors
E. Kh. MashitlovRussian Federation
Eldar Kh. Mashitlov, Specialist, Center for International Cooperation
9 Sadovaya-Kudrinskaya Str., Moscow, 125933, Russia
A. S. Mashitlov
Russian Federation
Alimbek S. Mashitlov, Senior Inspector, Department of Academic Events and Youth Academic Activities
Sadovaya-Kudrinskaya Str., Moscow, 125933, Russia
References
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4. Channov SE. Uvedomlenie o prieme na rabotu byvshego gosudarstvennogo (munitsipalnogo) sluzhashchego [Notification of employment of a former state (municipal) employee]. Actual Problems of Russian Law. 2015;12:52-59. (In Russ.).
Review
For citations:
Mashitlov E.Kh., Mashitlov A.S. The Issue of Bringing to Responsibility for a Corruption-Related Offense under Article 19.29 of the Code of the Russian Federation on Administrative Offences. Russian Law Online. 2023;(1):53-58. (In Russ.) https://doi.org/10.17803/2542-2472.2023.25.1.053-058