FEATURES OF THE REGULATION OF CRIMINAL LIABILITY FOR BRIBERY OF VOTERS, REFERENDUM PARTICIPANTS IN THE LEGISLATION OF FOREIGN COUNTRIES
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 7
Abstract
The article is devoted to the analysis of the details of bribery of voters or referendum participants in the post-Soviet States (Republic of Estonia, Republic of Latvia, Republic of Armenia, Republic of Belarus, Republic of Moldova, Republic of Tajikistan, Republic of Uzbekistan, Republic of Georgia) and in European countries (Denmark, Austria, the Netherlands, Germany, Norway, Bulgaria, Switzerland, Poland, Romania, Czech Republic, Hungary). The author analyses the construction of sanctions, identifies the specific features of punishment for bribing voters and referendum participants. In the Republic of Moldova, the Republic of Georgia, the Kyrgyz Republic, there are separate criminal law provisions that provide for responsibility for bribing voters or referendum participants. These norms describe in detail the signs of the criminal subject-undue profit. In the post-Soviet countries, the criminal responsibility for bribing voters and referendum participants is differentiated with the help of qualifying signs. In addition to fine and imprisonment as the main punishment, public works are foreseen. The legislation of the European countries provides large fines, in comparison with a small undue profit. For all crimes related to bribery, fines are provided, and as a maximum punishment, imprisonment is provided. The conditions for a special exemption from the criminal liability of voters and referendum participants in case of bribery with positive post criminal behaviour in the legislation of foreign countries are determined. As well as possible directions for further improvement of the national legislation concerning bribery of voters and referendum participants are also analysed.
Authors and Affiliations
Vitaliy KOSTRITSKIY
Keywords
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