FOREIGN ADMINISTRATIVE OFFICIAL AS SUBJECT OF BRIBERY ACCORDING TO THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The author analyses new term "Foreign administrative official" used in dispositions of Articles 290 and 291 of the Criminal Code of the Russian Federation. The author comes to conclusion that two subjects of corruption-related crimes: traditional "administrative official" defined by the Article 285 of the Criminal Code of the Russian Federation and new "Foreign administrative official" defined by the comment to the Article 290 of the Criminal Code of the Russian Federation are significantly different though have much in common. Having studied European Convention on criminal responsibility for corruption and United Nations Convention against Corruption, Plenum of Supreme Court of Russia defined Foreign administrative official as any person who serves foreign country (including serving public departments and companies). This conclusion needs a comment whether non-public servants can or can not serve this way. According to the author, attorneys and public servants as long as individuals (non-governmental humanitarian, ecological and human rights organizations' members) can be defined as Foreign administrative officials. Thus law-enforcement agencies will always have to decide whether a subject that is not an administrative official can be a Foreign administrative official and therefore be responsible for bribery according to the Criminal Code of the Russian Federation at the same time. Plenum of Supreme Court of Russia has to make relevant comments to its Enactment No. 24 on Court practice related to bribery and other corruption-related crimes dated 9 July 2013.