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The fight against corruption has been and still remains one of the important and unresolved problems of our state. One of the obstacles to solving this problem is the shortcomings of legislation and law enforcement practice. The insufficient effectiveness of the criminal legal fight against the most common type of corruption crime - bribery - lies in the violation of the principle of the inevitability of responsibility and punishment. Statistics show that a significant proportion of bribe-takers manage to avoid responsibility and punishment. That small part of those who have committed corruption crimes and who are sentenced to imprisonment serve it in more comfortable conditions than other convicts - in minimum security institutions, that is, in colony settlements. One of the gaps that exists in the criminal legislation of our country is the lack of rules on liability for offering, promising a bribe, giving consent to receive a bribe and demanding a bribe. The social danger of these actions lies in the fact that bribery is a criminal transaction, which is preceded by the conclusion of an agreement between the bribe giver and the bribe taker on the conditions for the parties to fulfill their obligations. This agreement is concluded on the part of the bribe giver in terms of time, the amount of the bribe (in some cases it is agreed to transfer the bribe in several stages) and the method of transferring the bribe; on the part of the bribe-taker - to perform certain actions (inaction) in favor of the bribe-giver or the persons represented by him. If the parties do not agree, the act of giving and receiving a bribe will not take place. Therefore, negotiations between the bribe giver and the recipient of a bribe, which can be assessed as an offer of a bribe, a promise to give a bribe, consent to accept a bribe, as well as a request or demand for a bribe, pose a public danger, since in most cases they end in the commission of a corruption crime: giving and receiving a bribe . To reduce the level of bribery, it is necessary to stop it at an early stage by establishing responsibility for the above actions. This will enhance the preventive role of criminal law in combating bribery.
Sarpekov et al. (Fri,) studied this question.