Annotation

The study shows that the terms “mediation” and “mediator” in the Criminal Code of the Russian Federation are used only in the description of crimes provided for by Articles 184 (Part 5), 2041, 290, 291, 2911, 2912. Thus, mediation as a socially dangerous act (acts of a mediator) is punishable only in the commission of corruption crimes. It is noted that one of the main indicators of the degree of public danger of the listed corruption crimes — the amount of illegal remuneration — either has no criminal legal significance whatsoever or influences the assessment of their danger in an extremely inconsistent and contradictory manner. It is proposed to correct this situation in the Criminal Code of the Russian Federation, proceeding from the principle that liability for mediation itself in commercial bribery and bribery arises (and is differentiated) depending on the amount of the illegal remuneration. While agreeing that mediation is not fully encompassed by the concept of "aiding and abetting," the author concludes that it is relevant only for "paired" (or "counter") criminal offenses, such as the offenses of receiving and giving illegal remuneration. At the same time, the author emphasizes that constructing new criminal offenses, where the objective aspect is expressed in acts of mediation, is inadvisable, as this would inevitably lead to the undermining of the institution of complicity in the General Part of criminal law and an unjustified expansion of the repressive foundations of criminal laws.