Attempts of legislators or public wishes of militiamen декриминализировать provocation of a bribe or to expand concept of expeditious experiment are observed with enviable frequency, especially on the eve of elections. And not only in Ukraine. The same picture and in Russia, and the same arguments. In - the first, all supporters of provocation of a bribe claim that existence in the Criminal code of Ukraine of article 370 - a certain anachronism as such norm was only in UK of 1922, and in version 1960-го it any more wasn't, only in Ukraine it remained almost in the same look. And it so. But that is remarkable, researchers write, it was entered into UK in the period of the New Economic Policy when proletarian hatred pushed people on "заявы" not only for the purpose of protection against encroachments of own rights and interests, but is especially frequent - with the purpose to sweep and on usual envy. It is thought, present stratification of the Ukrainian society which will go deep crisis, can be comparable with those times. Though the list of motives of dishonest applicants about bribe extortion from the official is much richer today ньюансами. Often it is caused by the competition of businessmen and "political struggle". Zakavycheno because actually it is a question of the same competition, but - for the right to distribute the benefits and resources, sitting in the office released from "bribe taker".
Arguments of militiamen are reduced to need of expansion of opportunities for more effective fight against bribery and corruption which in itself in our country isn't criminalized yet. But together with sincere rushes also the desire to be exempted from threat of criminal liability for bribe provocation here is looked through, and even it is simple - legalizations of that long ago contrary to the law exists.
Thus high ranks of law-enforcement systems of Ukraine and Russia often refer to experience of the USA, say, there provocation of a bribe is allowed, unlike countries of Western Europe. But experts disagree - not everything so simply."For example, criminal codes of a number of states of the USA, on the one hand, forbid so-called "involvement in a trap" when for the purpose of obtaining proofs of commission of crime the public official or the person operating together with it, induces or encourages other person to commission of crime, but at the same time allow similar activity concerning those who was already "ready", "inclined" to commit the corresponding crime", - B. Volzhenkin, professor Sankt - the Petersburg state university writes. Not without the bases he suggests to imagine as will be widely interpreted by the Russian field investigators of concept of "readiness" and "tendency" to commission of crime, appear they in the legislation of the Russian Federation: "Why not to use provocation for identification of the persons, "inclined" to make high treason, sexual crimes, plunders of someone else's property, etc., inciting them to these actions? "
But meanwhile in Russia other tendency tied on big money is more clearly shown. "Now fighters with corruption have opportunity to control very big cash flows", - the chairman of National anti-corruption committee Kirill Kabanov in interview to "Noviye Izvestia" speaks. According to him, bribe provocation - one of the most convenient ways to earn on corrupt officials. According to experts, for the last years in Russia the whole army of people who are engaged in provocation of bribes professionally was created, "earning" on it a fantastic sum. Scheme simple: provokers often assure that simply want to express the gratitude, leaving money on a table, then write in militia the application for extortion. After that game is entered already by other people who suggest "to settle business" for far not the symbolical sum. According to K.Kabanov, "even at doctors and teachers manage to entice to 100 thousand dollars for refusal of the statement. And in a case, for example, with heads of administrations the sum of "payoff" can reach 1 million dollars" ("Noviye Izvestia").
Examples from the neighboring state show that to perceive the events in Ukraine as something outstanding it isn't necessary. Походив within an hour - two on the Internet - to versions of the Ukrainian central and regional editions, you will gather the whole basket of examples for all above-mentioned motives for a provorachivaniye under the guise of expeditious experiment of provocation of a bribe.I will give the works of militiamen most interesting from the point of view of clumsiness and reaction to it the public. The first partly explains why affairs "about bribes in the act" pour then. The second is remarkable that illegal methods which are applied to injust fight against bribery, prosper also because the population to them as is loyal, as well as to the corruption. On the one hand, officials and other "rich" at us hate fierce hatred ("so and it is necessary to it", "time sits - means, is for what"). With another - well at whom from us the hand doesn't last in a purse if there is a wish to thank the attentive medical sister or quicker to continue a way, "on a place" to pay the put penalty to the employee of GAI?
Case in the village Hoteshiv of the Volynsk area, described in "Ukraine young", special. When the compatriot and an odnofamilitsa rural Vladimir Makovetsky's heads - Natalya Makovetskaya came to make out references for receiving a social assistance as mother having many children, the head refused to sign them. Also I reproached that the family - not the poorest in the village, and didn't hand over money for repair of the road. Though, peasants speak, on this road there go their combine, a tractor and pair of trucks. Therefore Makovetsky advised an odnofamilitsa to hand over money for road repair. And it went to the area to complain and then "came to the Village Council not only with one thousand marked hryvnias, but also with a dictophone and tried to squeeze alone these notes rural to the head. But as if feeling, at witnesses refused, insisting that she placed this money through accounts department. But the cashier just wasn't, and on Natalya Makovetskaya's arrangements Vladimir Fedorovich took, but at witnesses, one thousand hryvnias. Further everything was as at cinema, - in a few minutes in its office there were "archangels", that is employees of militia who took the head on hot" …
The village rose by protection of the of the head by the mountain, gathered for a descent where heard both the head, and Natalya Makovetskaya (!), condemned her actions. She was ready to take away the statement, "but the car already twirled". Meanwhile the district court didn't see in V. Makovetsky's actions of structure of a crime, and Volynsk appeal - left a protest of prosecutor's office of area on this decision without satisfaction.
To the head of the Peschanovsky Village Council Pyotr Kikava that in the Bakhchsarai region of the Crimea, wasn't lucky, though fellows villager protested, and BP of an autonomy to check legality of arrest of top appealed, and the People's Deputy L.Grach was ready to bail. Scenario following:two allegedly the foreigner some months cajoled the head with a request for allocation of two hectares of the earth, offering money, he directed them to deputies. And in day of detention I advised: you want to make a charitable contribution - in accordance with the established procedure bring in accounts department. As it was made - 50 thousand hryvnias were accepted and issued by the accountant. And hour later when Kikava in the yard of the house walked with the seven-months grandson, masks - show" began ". At a search as relatives told journalists, 800 dollars of savings and gold jewelry of the wife were found. During detention there was a skirmish of villagers with militiamen. As there were victims, the case got a big resonance. Meanwhile in official statements it was said that P. Kikava was detained when receiving 15 thousand dollars - the tenth share from a bribe which he demanded from businessmen. The most widespread version of defenders of peschanovsky of the head - revenge for his intractability. It is necessary to tell, at it there is a lot of ill-wishers. War for shares of fellows villager, through courts killed to Crimea agrofirm, the conflict to influential Crimean deputies round the statement of new borders Sandy which parliament doesn't submit for consideration one and a half years. And Kikava just on the eve of detention called a surname of the deputy who lobbied interests of commercial structure in teleinterview, demanding the same earth on the coast. The head I let know, what kickback from it is waited by other deputy. It at all without concerning the conflict from - for refusal to local sanatorium in granting 20 hectares under construction of cottages in a park zone. If all this takes place, Kikava's opponents already achieved one objective - in March he resigned of the head on a state of health.
"The Crimean practice shows that very many criminal cases connected with bribery, are based on very doubtful from the procedural point of view prompt actions of employees of militia. They allow the things adjoining on provocation of a bribe when there are no the real bases, allowing to claim that the possible subject of a crime intends to get this bribe, - the chairman of the Crimean Bar Vladimir Zubarev speaks. - This very thin action which needs to be organized correctly which has to be based on the serious facts recorded as the proof, instead of the assumption. The matter is that receiving cash often is explained by desire to receive funds for economic needs, for needs of a bulk.Purity of proofs on such affairs in many cases is challenged just because prompt actions are inaccurately organized, even when really the bribe taker expose"
The simplest, Vladimir Zubarev speaks, "marked grandmas, put to him on a table and run. There was I in a toilet, excuse, and to me in a desk box an envelope put. I came, found - already fingerprints on it left. And everything, bribe. Will bring five people who will tell that I hinted them". The most difficult, the lawyer considers that the problem procedurally can't be adjusted. It is impossible to think up such wise law. "Because it is an art question. And quick - when you all this beautifully made art, even with the marked money or by means of video, which in itself - not the proof. Here still it is necessary to work".
By the way, Kikava's business - not the only thing where the official version about detention in the act or on hot isn't true. There are many examples when "bribe takers" actually were at considerable distance from "bribe". The same "partenitsky business" about which we told in the previous publication. And one more example - in a case with the acting head of the district state administration Nova Odessy of the Nikolaev area Igor Nikolayenko.
Contrary to statements of militiamen that it was caught red-handed, I. Nikolayenko was in 40 km from cash. And money - 150 thousand dollars - was thrown as protection claims, to its apartment in the presence of the wife who itself let in the house of N. with which were amicable, and businessmen of L. and S. Vzyatka, according to the investigators, intended for the solution of a question on receiving in rent of 23 hectares of the earth for construction of a recreational complex.
To understand how this business will pour now in court, we will look at chronology and the consequence argument. On January 20 L. I addressed in the Organized Crime Control Department with the statement that Nikolayenko extorts a bribe. On January 22 in the State Office of Public Prosecutor check materials according to this statement arrived, and already on January 23 the prosecutor of GPU brought criminal case concerning Nikolayenko. Rare efficiency and confidence, considering that in the resolution as protection claims, indications Л.и of S. are called as the actual bases only, and from the moment of institution HORDES passed some days.
The second moment indicating how Nikolayenko could extort a bribe.According to the investigators, for 2008 it didn't give on regional council consideration a question of the approval of the technical documentation and a standard monetary assessment for registration of the right of rent of a site. Again we will address to chronology. The statement in militia arrived from L. January 20. And, as the lawyer I. Nikolayenko - Sergey Kolbeshkin claims, this question was considered by the New Odessa regional council on January 14. Thus, since February any investigative actions, Nikolayenko's relatives speak, aren't carried out, but the term of arrest lasts, and present expires on July 27. Nikolayenko's wife - Natalya addressed to "ZN" also therefore, after arrest of the husband upon it put pressure. "From me demanded to give evidences on the husband. Threatened with arrest, departure of the child in a boarding school. To me constantly said hello from bodies and hinted that a certain sum can solve a problem".
This and other examples are given, naturally, not to define guilt degree - innocence of the mentioned persons, militiamen including. And to prove: the main method which is used now by our law-enforcement system, often passing a law side, is inefficient. Also it is very harmful. Not only from the point of view of observance of human rights and moral health of the population. So the bribery can't be overcome! And in a fire chamber of the car giving single turns, considerable budgetary funds, the staff of special forces, experts rush … So can, it is necessary as - that differently?
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