State Duma proposes to introduce a separate criminal charges for teachers and doctors – Moskovsky Komsomolets

voluntary-compulsory gifts for doctors and teachers may become a pretext for a criminal case.

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The Russian Criminal Code may be a new article – “illegal remuneration”. The author of the bill on its introduction – United Russia Ilya Kostunov – believes that there should be a mechanism for regulating the punishment of employees of educational and medical sphere, which often predispose customers to give illegal remuneration for the performance of their direct duties.

The MP believes that today such “gestures of gratitude” not covered by the articles of the Criminal Code for extortion and corruption, and therefore often guilty avoids responsibility.

In fact, it is impossible not to recognize that the norm was the reward institutions experts in different fields for the services that they are paid by default in the form of wages.

Presenting the bill, Kostunov noted that the actions of doctors who tell the patient that the service will be made better quality only in case of material reward, today, do not fall under Article for extortion and corruption, and therefore require a separate line in the Criminal Code.

For example, Article 163 of the Criminal Code “Extortion” allows condemn only Where the requirements of the transfer of another’s property occur under the threat of violence or destruction or damage to another’s property, as well as under the threat of information that defames the victim and his family.

In this case, the MP proposes to separate forced from voluntary compensation material desire of customers to repay a doctor or a teacher for the service.

-Bezuslovno, if the person himself wants to make a gift to his doctor, the teacher of the child, the punishment for this one does not offer – quoted by the newspaper “Izvestia” Kostunova. – This article applies only to those who are demanding compensation for the unlawful act or omission is significant for the victim, who in the case of non-receipt of money or other benefits or would refuse to provide services or would give it a lower quality than it should.

In the case of the introduction of a new article on her punishment will be less severe than for bribery or extortion. Punishing offer multiple penalties and disqualification to hold certain positions.

Over the requirement to transfer illegal remuneration is offered, according to the document, punishable by a fine up to 50 times the illegal remuneration with disqualification to hold certain positions up to 3 years, or community service or deprivation liberty for up to 4 years. Over the requirement to transfer illegal remuneration in a significant amount of MP proposes to punish by a fine of up to 70 times the amount of illegal remuneration to the three-year excommunication from the profession or imprisonment for up to 5 years.

The bill sent to the Supreme Court and the Cabinet, where he will study, but it is obvious that the expert community, he did not find understanding.

– This article is one in a duplicate article “extortion”, the member of parliament comes up with a completely ridiculous, non-obvious nuances that can only confuse themselves lawyers, – considers Volgograd lawyer Alexander Berezovsky. – Everything is simple: if the doctor or the teacher asks, or somehow alludes to the gift, then it is nothing more than extortion. Composing shades that would separate one from the other, it is simply unacceptable: it significantly complicate the administration and prosecution of such cases. There are totally working article “extortion” by which such cases and considered. There is a suspicion that a deputy willing to share in the heavy extortion and grievous pursuing any other goal than putting in order the sphere of relations between the client and the person who provides the services.

The lawyer correctly points out that in a country long ago there was the legalization gifts to the participants of the educational system and health care.

– is difficult to imagine that in the school graduation gift passes without the classroom teacher, the same thing – in medicine, – said the lawyer. – This is the legacy sovdepovskogo thinking, which is based on the principle of “a kind of awkward.” We should at least give the doctor a box of chocolates or a can of coffee – “a kind of awkward.” It is necessary that the child took the tutor most beautiful bouquet of flowers – “but it is inconvenient.” All this is so clogged our minds that we are not able to distinguish tradition from here such voluntary-compulsory “offerings.” But to introduce a separate article considers absurd. I am confident that the summit will not find the idea of ​​the response.