Comparative analysis of the signs of a commercial bribery provided by the Criminal Code of Kazakhstan, Kyrgyzstan and Uzbekistan

Abstract

This article is devoted to a comparative analysis of the criminal law of the Republic of Kazakhstan and some  countries of the «Commonwealth of Independent States», which have precedents for the introduction of criminal liability for persons performing managerial functions in a commercial or another non-profit organization.  The legislation of the CIS countries has many common features with Kazakhstani criminal legislation providing for liability for commercial bribery. This concerns both the codification of the analyzed legislation and  the proximity of the structure of the Criminal Codes, their division into parts, and in some cases into sections,  chapters and articles, as well as the historical conditionality of commercial bribery. In chapter 34 of the criminal code of the Republic of Kyrgyzstan, «Crimes against the interests of service in commercial and other organizations», in article 237 establishes the responsibility for commercial bribery. Similar criminal provisions  which criminalize commercial bribery, stipulated in the criminal code of the Republic of Uzbekistan, Chapter XIII.1 «Crimes related to obstruction, unlawful interference in business activities, and other crimes infringing on the rights and legitimate interests of economic entities» in article 192.9. The General characteristic of the experience of other countries in the fight against bribery by criminal law measures is of undoubted  scientific value. Also the analysis of the criminal legislation of other modern countries on the qualification of  crimes committed through commercial bribery, it is advisable to carry out by making their proposals to  change a number of provisions. As a result of writing this article, we came to the conclusion of the introduction to the disposition of part 1 and 3 of Art. 237 of the criminal code of the Republic of Kyrgyzstan and  Art. 192.9 the criminal code of the Republic of Uzbekistan of the phrases «for general protection or connivance in the service». In our opinion, the current absence of this phrase narrows the scope of the criminal law  in relation to commercial bribery, and in this regard is currently a gap in the criminal legislation of the Republic of Kyrgyzstan and the Republic of Uzbekistan.