TO THE ISSUE OF LIABILITY FOR RECEIVING UNLAWFUL MONETARY REMUNERATION ON BEHALF OF OR IN THE INTERESTS OF A LEGAL ENTITY

The article explores the issue of corruption, which can be found in both public and private sectors. It is unfortunate that some companies may resort to unethical business practices in order to gain an unfair advantage, which can result in unlawful remuneration. In order to address the issue of corruption, it is important to have appropriate legal measures in place. It is worth noting that Article 19.28 of the Administrative Offences Code of the Russian Federation holds legal entities accountable for providing unlawful remuneration. The article provides an analysis of law enforcement practices and draws conclusions. In recent years, fines for this offence have increased. The article highlights the imposition of sanctions on legal entities for providing unlawful remuneration. However, it also notes that there may be gaps in the definition of the subjective aspect of this offence, as legal entities have not had sufficient opportunity to take necessary anti-corruption measures. It is worth noting that, unlike criminal legislation, administrative responsibility only applies in cases of unlawful remuneration transfer on behalf of a legal entity. However, there are no sanctions in Russian domestic administrative law for entities that receive illicit compensation. This could be interpreted as a gap in legal regulation in this area. A proposal has been made to amend the definition of an offence in the Criminal Code of the Russian Federation. The proposed amendment aims to include liability for the receipt of unlawful remuneration on behalf of or in the interests of a legal entity. This amendment is intended to address the limitations in enforcement practices regarding this issue and promote a shift away from a presumption of guilt against legal entities in such circumstances. This amendment aims to provide guidance for the development of court practices within the framework of this article, with a focus on protecting legitimate organizations. By addressing the limitations of legal proceedings in relation to this matter, it is hoped that a shift can be facilitated away from assuming guilt towards legal entities.

corruption, corruption offence, compliance, prevention of corruption, administrative offence, administrative responsibility, unlawful monetary remuneration, liability of legal entities, exemption from administrative responsibility

Abezin D. D. To the issue of liability for receiving unlawful monetary remuneration on behalf of or in the interests of a legal entity. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):205—209. DOI: 10.25683/ VOLBI.2024.67.951.