SOME PROBLEMS OF REFINING THE NOTION OF OFFICIAL IN THE RUSSIAN CRIMINAL LAW

Abstract

This paper is concerned with changes made to Explanatory Note 1 to Article 285 of the Criminal Code which have extended the concept of "official" to include persons who perform organizational and regulatory and administrative functions in state and municipal unitary enterprises and joint-stock companies, a majority of which belongs to the Russian Federation, subjects of the Russian Federation or municipalities. But persons performing organizational and regulatory and administrative functions in funds and limited liability companies are still not regarded as officials, even if the share of state and municipal property by value can be equated to a controlling stake in the Company.