ОСОБЕННОСТИ КВАЛИФИКАЦИИ НЕПЕРЕДАЧИ ПОСРЕДНИКОМ ВО ВЗЯТОЧНИЧЕСТВЕ ЧАСТИ ПРЕДМЕТА ВЗЯТКИ

Вестник Воронежского государственного университета. Серия: Право. 2026. № 1. С. 226–235.

Rastoropov S., Bakradze A., Fedotov A.

the article considers the features of qualifi cation of physical brokering in bribery, combined
with the proactive non-transfer of part of the bribe item by the intermediary, which was not stipulated
by other participants of «corruption transaction». The continuing theoretical and applied variability of
the assessment of alleged or inappropriate brokerage in bribery is due to the lack of legal position of
the Supreme Court of the Russian Federation, the strength and persuasiveness of scientifi c reasoning
of legal scholars who hold different views on this issue, the lack of clarity and deep competition of
existing criminal law prohibitions. The aim of the study is to critically rethink existing scientifi c and
practical approaches on the qualifi cation of alleged brokerage in bribery, developing solutions that
expand, in the opinion of the authors, this fi eld of knowledge, and substantiation of conclusions on the
limits of criminal responsibility of other related persons. According to the results of the study, the
author’s qualifi cation of the actions of the mediator who applied (acquired) in their favor property,
knowingly obtained by criminal means or legally obtained, including trust and other property, defi ned
the limits of criminal liability of the briber and the bribe recipient, with which it was not agreed to leave
a part of the object of bribery in the intermediary

Keywords: имущество, мошенничество, ущерб, deception, обман, fraud, посредник, damage, взятка, intermediary, покушение, bribe, property, присвоение, embezzlement, mediation in bribery, attempt, посредничество во взяточничестве