Criminal Responsibility for the Corruption Crimes: Features of the Qualification and of the Protection Against the Baseless Accusation

The purpose of the research «Criminal responsibility for the corruption crimes: features of the qualification and of the protection against the baseless accusation» is to analyze the objective and subjective features of illegal participation in entrepreneurial activities and small bribery, as well as to develop a mechanism of the protection against unfounded accusation. In this paper, the features of illegal participation in entrepreneurial activities are disclosed, including its objective party, the subject of this crime, an analysis of the problems is available and is applied directly in practice when the person is brought to criminal liability for illegal participation in an entrepreneurial activity. In the research, there are also variants of improving the norms of legislation. The second chapter of the work focuses on the analyzed novels - small bribery (article 291.2 of the Criminal Code of the Russian Federation). It examines the characteristics of this crime, including the subject of small bribery and its objective side, as well as the assumptions regarding this crime in the Criminal Code of the Russian Federation and the reasonableness of such an introduction. Since an unfounded charge of committing acts against corruption is contrary to the fundamental criminal responsibility, then in this case, a mechanism is also provided to protect a person from an unreasonable charge. Based on the analysis of the crime of illegal participation in entrepreneurial activities and small bribery, the main features of these formulations have been identified, which should be taken into account when developing the defense tactics of an unreasonably accused person. The possible weaknesses of the prosecution, which should be paid attention in the first place, as well as the distinctive features of lawful operational and search activities in the process of exposing criminals and provocative-inflammatory actions, organized by law enforcement officers, are considered.