Words and Grammar

a Write down the words from which the following ones are formed:

imprisonment – to imprison.........

criminalisation..................... definition..........................................

corrupter.............................. accordance........................................

functionary............................ referee................................................

b Match the English and Russian equivalents:

с Choose the synonyms from the box:

to induce –... to cover................

to envisage............................. to cite......................................

to perpetrate......................... to omit....................................

to include............................... to identify................................

d Choose the correct prepositions and write down a few short sentences on the basis of the text:

e Add as many nouns as possible which can be used with the following adjectives:

punishable.............................. active................................................

official.................................... passive..............................................

corrupted................................ legal................................................

f Encircle the ing-forms and translate the sentences into Russian:

1 They apply this sanction involving abuse of official duties..... (adv. Modifier of manner) Они применяют эту санкцию в случае правонарушения, связанного со служебными обязанностями......................................................................................................................................................

2 These acts presuppose at least one person offering or promising an advantage and another person accepting or receiving the advantage........................................................................................................................

3 The corrupter cannot be persecuted for having participated in the transgression of the corrupted person........................................................................................................................................................................

g Write down what parts of sentence the word that is, if it can be omitted in these sentences or not and translate the sentences into Russian:

1 Article 319 speaks about corruption for an act that is contrary to official duties...........................................

2 It envisages a lighter sanction than that applied for corruption.......................................................................

3 It is hoped that all states will decide on a single definition of the public official...........................................

h Write down the answers to the following questions using the text:

i Translate the following sentences into Russian:

1 In Portugal, the above mentioned corruption was criminalised on 1 October, 1995.

2 It is impossible to identify active and passive corruption in all of them.

3 As far as the definition of the passive actor is concerned, many countries have adopted a wide definition.

4 Finland and Portugal have opted for a more limited extension.

5 There is no problem regarding the definition in the case of the active party.

6 In the case of passive corruption, the actor can only be a very qualified person.

j Write down a plan and compose a title of the text.

Text3

As far as the actual moment of the commission of the corruption crime is concerned, there are no major differences. What matters is the collusive agreement, in the sense that the corruption is perfectioned when the passive actor does not expressly refuse the advantage offered to him. The fact that the promise is really maintained is not relevant for the purposes of the commitment of the offence. According to German, Austrian, Greek and Danish legislation, the legal interest that is protected by the corruption law is violated by the simple collusive agreement. The legal authority has only to prove the abstract relationship between the illegitimate advantage and the performance or violation of the public function. Passive corruption involves the commission or omission of an act on the part of the passive actor.

With respect to an analysis of the sanctions, it can be noted that almost all countries envisage more severe sanctions for passive corruption since the beneficiary of the bribe holds a public office and therefore represents the state institutions. On the other hand, the same sanctions are envisaged for both the corrupter and the corrupted person in Italy, Portugal, Finland, Greece and Sweden. The penalties that are traditionally envisaged by all the countries studied are pecuniary sanctions and incarceration, the minimum and maximum duration of which vary noticeably from one country to the other. The Netherlands and Portugal inflict the mildest sanctions for corruption crimes, with three and six months of imprisonment respectively. In addition to the traditional sanctions, several countries envisage additional sanctions. In Finland, Sweden and Greece the authorities can confiscate illicit proceeds and, in some cases, inflict disciplinary measures such as dismissal from work. If the profits gained from corruption cannot be found, the Romanian penal law imposes the payment of a sum equivalent to the benefit received on behalf of the corrupted person.

In the Russian Federation and Ukraine alongside the confiscation of illicit proceeds, conspicuous parts of the condemned person's patrimony are requisitioned. Austria, Finland, also envisage more severe penalties in the case of aggravating circumstances. In Austria, a circumstance is aggravated if the bribe exceeds 25, 000 Austrian shillings, while in Finland an «outstanding» amount of money must be involved. In the remaining four countries mentioned above, recidivist behaviour, the involvement of conspicuous sums of money, the corruption of experts, provocation, extortion and the particular role held by the passive actor, are considered aggravating circumstances. Several countries also envisage exceptional circumstances in addition to the aggravating circumstances. Austria and Denmark, for example, tolerate the payment of small sums for anniversaries.

§ Vocabulary notes