Under the Law of the Russian Federation On Prevention of Corruption, the persons found guilty of corruption acts incur criminal, administrative, civil-law or disciplinary liability in compliance with the procedure stipulated by legislation.

4.1 Criminal offences and liability

The following offences are reflected in the Criminal Code of the Russian Federation:

• active bribery in the public sector – defined as a bribe given in person or through a mediator;
• passive bribery – defined as  a bribe taken for acts or inaction in the public sector;
• active bribery in a profit-making organisation – defined as illegal transfer of money, securities or other assets to a person who discharges the managerial functions in a profit-making or any other organisation; likewise the unlawful rendering of property-related services to him or other pequniary benefits for the commission of acts (inaction) in the interests of the giver, in connection with the official position held by this person;
• passive bribery in the private sector – defined as illegal receipt of money, securities, or any other asset by a person who discharges the managerial functions in a profit-making or any other organisation, and likewise the illegal use of property-related services for the commission of acts (inaction) in the interests of the giver, in connection with the official position held by this person.  
• bribery in a profit-making organisation would, according to the authorities, apply to private as well as public business (state enterprises);
• an attempt, i.e. deliberate act (inaction) of a person aimed at commission of bribery in a profit-making organization;
• a promise or request for a bribe;
• mediation in bribing;
• abuse of Authority is the use of authority by a person discharging managerial functions in a profit-making or any other organisation (except State agency, local self-governed  authority or a governmental municipal institution) in defiance of the lawful interests;
• abuse of Official Powers is the use by an official of his/her powers contrary to the interests of the civil service, if this deed has been committed out of mercenary or any other personal interests and has involved a substantial violation of the rights and lawful interests of individuals or organisations or the legally-protected interests of the society or the State;
• money laundering;
• evasion of tax or fees by a natural person;
• evasion of tax and fees by an organization;
• concealment of pecuniary means or property of an organisation or a private individual;
• forgery or the use of false documents as well as fraud

The Russian Criminal Code also regulates offences committed in Russia as well as outside Russia. Any person who has committed a crime in the territory of the Russian Federation is to face criminal charges under the Russian Criminal Code. Russian citizens and stateless persons who permanently reside in the Russian Federation and who have committed crimes outside the boundaries of Russia are to face criminal charges under the Criminal Code, unless these persons have been convicted in a foreign State. Foreign citizens and stateless persons who do not reside permanently in the Russian Federation and who have committed crimes outside Russia are to face criminal charges in Russia if the crime runs counter to the interests of the Russian Federation or if provided for by an international agreement, unless they have been convicted in a foreign State and are brought to criminal justice on the territory of the Russian Federation. Foreign citizens who commit corruption offences outside Russia may be recognised as the subject of the crime committed by functionaries due to the fact that the crime can be regarded as actions prejudice to the Russian State in accordance with its international obligations.
Types of penalties to be imposed for the above listed crimes depend on gravity and scope of material damage and the type of crime itself.  Punishments (penalties) include:

• fine of up to 500 000 000 rubles (the fine can be calculated as a multiple of the bribe);
• prohibition to hold certain positions for up to 3 years;
• deprivation of freedom (maximum term for deprivation of freedom is up to 15 years for especially large bribes).
• New approach introduced in 2011 enables a fine to be calculated as a multiple of the amount of bribe, which in fact is the confiscation of property.
• These high fines are to make the corruption “economically” unfeasible and should be of material preventive value.

According to Article 104.1 of the Criminal Code,  confiscation of proceeds of corruption is possible only in respect of passive bribery in a profit-making organisation, abuse of official powers and bribe-taking. It is therefore excluded in respect of active bribery in the public sector and abuse of authority. The decision to confiscate the proceeds of crime is made by the court taking into consideration all the facts of the case. According to Article 104-1 of the Criminal Code not only funds and valuables acquired through the commission of a crime but also the instruments of a crime can be confiscated.

According to Article 104.1 of the Criminal Code, confiscation of criminally acquired money, valuables and other property as well as any proceeds from this property (indirect confiscation)  is possible Moreover, money, valuables and other property, used or allocated for financing terrorism, organised crime, illegal armed groups, may be confiscated. Weapons, equipment and other instruments of crime belonging to an accused can also be confiscated. This confiscation also applies to the proceeds from crime. If the proceeds of a crime were merged with legally obtained property, only the value of the part of the joint property emanating from the crime can be confiscated.

Proceeds of a crime assigned by the accused to another person (organization) are  to be confiscated if the person who received the property knew or should have known that it was acquired illegally.

According to Article 104.2 of the Criminal Code money can be confiscated instead of property. Thus, if a certain object, listed in Article 104.1 CC, cannot be confiscated at the moment of taking the decision on confiscation because it is in use, has been sold or lost or due to other reasons, the court can confiscate the sum of money corresponding in value to the said object.
As a rule, confiscation, according to Article 104.1 of the Criminal Code, is possible only when the offender has been convicted and sentenced for the offence relating to the confiscation request. This follows on from Chapter 39 "Passing the sentence" of the Criminal Procedure Code (CPC).

In addition, "procedural confiscation" of instruments and proceeds of crime (direct as well as indirect proceeds) in accordance with Article 81 of the Criminal Procedure Code for the purpose of being used as evidence is also possible. Article 81 of the Criminal Procedure Code is wider than Article 104.1 of the Criminal Code in that it is not limited to the list of offences provided for in the latter Article. According to Article 81 CPC, any object, money, valuables that have been used as the instrument of an offence or retained traces of an offence is to be recognised as physical evidence.

Corruption proceeds can also be confiscated both under Article 169 of the Civil Code, which deals with the invalidity of contracts which would violate fundamental principles of public order and morality, and under Article 170 of the Civil Code which concerns the validity of fictitious and fraudulent deals. When a deal between two parties is based on corruption, the deal could be considered invalid. In such a situation all property emanating from this deal may be subject to confiscation in accordance with Articles 169 and 170 of the Civil Code.

4.2 Administrative offences and liability

The system of administrative liability for corruption offences is governed by the Code of Administrative Offences providing for administrative responsibility for actions which could be referred to as corruption. Some regulations on administrative offences are:

• violation of the terms of information provision on the opening and closing of an account with a bank or any other lending institution violation of the terms of submitting  tax returns to a tax authority or an authority of a State off-budget fund;
• failure to submit information necessary to conduct tax control and for violations of the rules of bookkeeping and accounting;
• violations of the law encroaching on the rights of citizens, in particular during preparation for, and conduct of, elections and referenda;
• misappropriation through embezzlement;
• restriction of the freedom of trade;
• misuse of budgetary means; use of insider information on the market of securities;
• violation of the terms of consideration of applications (requests) for land or water object provision;
• Illegal remuneration paid on behalf of a legal entity;
• Illegal employment of a state civil servant (former state civil servant).

The principal administrative punishment is a fine.
Article 3.7 of the Code of Administrative Offences provides for confiscation of instruments or objects of an administrative offence. According to Articles 3.2 and 3.3 COA, this can be applied as a penalty to natural and legal persons who have committed administrative offences. The decision on administrative confiscation is also taken by a court according to Chapter 25 of the Arbitrary Procedure Code and Chapter 29 of the Code of Administrative Offences.

4.3 Offences and liability incurred by legal entities

Legal entities can be subject to administrative liability for administrative corruption offences. Administrative liability of legal entities is specified in the Code of Administrative Offences.
The current principles for legal persons' administrative responsibility are set out in the Code of Administrative Offences or by the laws on administrative offences adopted in various regions of the Federation. According to the Code of Administrative Offences available administrative sanctions which can be imposed on legal persons include: warning, administrative fine, confiscation of the instrument of crime or the subject of the administrative offence, and administrative suspension of the activity.
According to the Federal Law On Fighting Legalisation (Laundering) of Proceeds of Crime and Financing of Terrorism of 7 August 2001 (No. 115-FZ), the licence of the organisations which conduct transactions with funds or other assets and operate on the basis of a licence, may be withdrawn. If a legal person violated the legislation on money-laundering, the legal person can be brought to administrative responsibility according to the Code of Administrative Offences.

The size of a fine that may be imposed on legal entities for certain corruption offences may be up to three times the amount of funds paid, three times the price of the securities, other assets or property-related services rendered, but not less than  one million rubles together with confiscation of transferred funds, securities and other assets.
If a bribe or corrupt payment were made on an especially large scale (i.e. above RUB 20 million), the size of a fine that may be imposed on legal entities for certain corruption offences may be a multiple of the amount of funds paid, three times the price of the securities, other assets or property-related services rendered, but not less than one hundred million rubles together with confiscation of transferred funds, securities and other assets.

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