Published: 15 June 2014
Purpose. Research of practicability and possibilities of supplementation of the RF Criminal Code with the norm providing responsibility for illegal enrichment. Methods. The author analyzed normative acts aimed at corruption prevention and establishing responsibilities of public executives to provide information on income, property and liabilities of material character and information about expenditure. The author studied statistical data of public power bodies and public organizations, citizens’ opinion, correlation of quantity of the identified corruption violation, amount of illegal budgeting spending and sums of material damage from corruption crime determined by courts and proving lack of effectiveness of the existing controlling measures over income and expenditure of executives. The author also studied constitutional bases of possibility to make it an offence for illegal enrichment. Results. Taking into account social conditions and real demands in protection of legal relations regulated by the anticorruption legislation, the author formulated a legal norm about responsibility for corruption enrichment, which does not contradict to the RF Constitution and doctrine of criminal law. Novelty. The author offers a new solution for two major problems of criminalization of illegal (corrupted) enrichment in Russia. The authorial project excludes responsibility of an executive to prove legal character of his income. Criminal liability is provided for non-commitment of the executive to declare his income or expenditure in the situation when his real assets exceed legal income enormously. In the formulated norm they solve the problem of a deed which within art. 29 of the UN Convention against corruption is formally not provided. The author proposes to determine criminal responsibility not for ‘enormous increase of assets of a public executive exceeding his legal assets, but for non-commitment by the subject his responsibilities resulting from anticorruption legislation in the situation of such enormous increase.