The notion of voluntariness in the notes to Articles 291 and 291(1) of the Criminal Code of the Russian Federation

The article analyzes the notion of voluntariness used by legislator in notes to Art. 291 Criminal Code Russian Federation “Giving a bribe” and 2911 “Mediation bribery”. use this category practice law enforcement agencies is not uniform, as evidenced extensive jurisprudence analyzed article. main problem lies contradictory assessment fact that accused aware preliminary investigation authorities are his participation bribery or mediation bribery. In most cases courts ignore circumstance attach legal significance awareness himself, but bodies person has committed crime. As result, having established subject was exposed result operational-search (or) investigative measures, regardless whether he knows about fact, refuse apply Code. According authors, when assessing person’s message commission crime, two interrelated, identical circumstances should be assessed: volitional criterion characterizes desire will subject, an intellectual determines ability what happening him. states communication crime body right initiate criminal case voluntary if does so own free believes authority know even reality it so.