Journal of Siberian Federal University. Humanities & Social Sciences / Bribery of an Arbitrator (Arbitral Referee): Criminal Characteristics

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2022 15 (8)
Authors
Filatova, Maria A.; Iani, Pavel S.
Contact information
Filatova, Maria A.: Research and Educational Center “Criminal Law Expertise” Lomonosov Moscow State University Moscow, Russian Federation; ; Iani, Pavel S.: Research and Educational Center “Criminal Law Expertise” Lomonosov Moscow State University Moscow, Russian Federation
Keywords
criminal liability; arbitrator; corruption-related crimes; bribery; arbitration award
Abstract

In 2020, Chapter 22 of the Criminal Code of the Russian Federation was amended by Article 200.7, stipulating liability of arbitrators (arbitral referees) for corruption-related crimes. Such a decision of the law-maker is differently weighed by criminalists, namely, given that the object under protection is referred to the sphere of economics. Although, the explanation of this approach is connected with the fact that the activities of arbitrators, though performed within the system of justice, meaningfully affects a complicated network of relations in the economic sphere. The article thoroughly analyzes the proposals on criminalization of illicit activities of arbitrators both in Russia and on the international level and in foreign states, gives examples of relevant case-law of those countries where such norms are applied. The authors elaborate a detailed criminal and legal characteristics of the analyzed deed, revealing the features of all its elements, including the rights and obligations violated by arbitrators which are enshrined in the blanket legislation (first and foremost, in the Federal Law “On Arbitration Tribunals in the Russian Federation”), evaluative features of elements of a crime, a moment of accomplishment of a crime, setting up a correspondence between the elements of a subject and legal provisions of sector specific legislation etc. Based on the analysis of the case-law on related elements of a crime: bribes, commercial bribe, the article proposes solutions of the problems which will definitely occur in determination of a deed. In particular, given that an arbitration tribunal considers a dispute by three arbitrators, with every one of them participating in making an arbitration award, the authors point out, which exactly actions one arbitrator should perform as a subject of passive bribery and how an issue on determination will be solved if all three arbitrators are bribed

Pages
1108–1117
DOI
10.17516/1997-1370-0913
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/147463

Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).