Publication date: 09.05.2024
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The offer of an undue advantage to an official may be expressed by the provision of a sum of money or other material values in exchange for certain services or non-fulfillment of duties. Offering an undue advantage can be a form of corruption and a breach of power law, and it can have serious legal consequences for all parties involved in the process.
Reasons for paying bribes The presence of corrupt schemes and systems in government or in the business environment may encourage individuals to pay bribes in order to obtain favors or favors. Employees who feel their pay is unacceptable for their job duties or professional skills may try to resolve this by paying bribes. Individuals may believe that offering a bribe can help them obtain certain benefits or favors, such as obtaining permits quickly, securing favorable contracts, or avoiding legal prosecution. A lack or low level of awareness of the consequences of bribery can contribute to its spread, as individuals may not understand the risks associated with this practice. Preventing bribery includes improving legislation, strengthening controls and oversight, raising public awareness and developing ethical standards in society.According to Article 369 of the Criminal Code of Ukraine, the granting of an unlawful benefit to an official or a third party, as well as the conditions of such a benefit for the performance or non-performance by the official of actions in the interests of the one who provides this benefit, or in the interests of a third party, any actions using the granted power or official situations, are punishable by a fine from one thousand to four thousand non-taxable minimum incomes of citizens or restriction of freedom for a period of two to four years, or deprivation of liberty for the same period. Repeated actions stipulated by these conditions are punishable by imprisonment for a term of three to six years with a fine of five hundred to one thousand tax-free minimum incomes of citizens, with or without confiscation of property. If an illegal benefit was granted to an official in a responsible position, or actions were committed based on a prior conspiracy by a group of persons, shall be punishable by imprisonment for a term of four to eight years with or without confiscation of property. Actions provided for by these conditions, if an unlawful benefit was granted to an official in a particularly responsible position, or were committed by an organized by a group of persons or its participant, shall be punished by deprivation of liberty for a term of five to ten years with or without confiscation of property.An offer, promise or granting of an unlawful benefit to a person who offers or promises (agrees) for such a benefit or for providing such a benefit to a third party to influence the decision-making by a person authorized to perform the functions of the state or local self-government shall be punished by a fine of one thousand to four thousand non-taxable minimum incomes of citizens or restriction of liberty for a period of two to five years, or deprivation of liberty for a period of up to two years. Acceptance of an offer, promise, or receiving an unlawful benefit for oneself or a third person for influencing the decision-making by a person authorized to perform state functions or local self-government, or an offer or promise to exert influence for the provision of such a benefit is punishable by a fine of two thousand to five thousand five hundred tax-free minimum incomes of citizens or imprisonment for a term of two to five years. Acceptance of an offer, promise or receipt unlawful benefit for oneself or a third person for influencing the decision-making by a person authorized to perform the functions of the state or local self-government, combined with demanding such benefit, shall be punished by imprisonment for a term of three to eight years with confiscation of property.
# Lawyer 369 CCU Giving a bribe # Lawyer # Lawyer Giving a bribe # Art. 369 CCU #
