Publication date: 06.06.2024
Peculiarities of Criminal Liability for Corruption Offenses
Introduction
Corruption is one of the most serious problems that undermines the foundations of public administration, economic development and public trust. In Ukraine, the fight against corruption is one of the priority tasks that requires effective legal regulation and the introduction of efficient accountability mechanisms. In this article, we will analyze the peculiarities of criminal liability for corruption offenses in Ukraine, the current legal framework and practical aspects of its application.
Legislative Framework
The Criminal Code of Ukraine
The main legal act regulating criminal liability for corruption offenses is the Criminal Code of Ukraine (CCU). The main articles providing for liability for corruption offenses include:
- Article 368: Receipt of undue advantage by an official.
- Article 369: Offering, promising or giving an undue advantage to an official.
- Article 369-2: Abuse of influence.
Special Laws
In addition to the CCU, Ukraine has special laws aimed at combating corruption:
- The Law of Ukraine "On Prevention of Corruption": Establishes the legal and organizational framework for the prevention of corruption, including measures to prevent conflicts of interest, financial control, and whistleblower protection.
- The Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine (NABU)": Regulates the activities of the NABU, which is a specialized body for investigating corruption offenses.
Features of Criminal Liability
Subjects of Corruption Offenses
Corruption crimes can be committed only by special subjects - officials. They include:
- Civil servants.
- Local government officials.
- Heads of state-owned enterprises and institutions.
Types of punishment
The legislation provides for various types of punishment for corruption offenses, including:
- Imprisonment: The main type of punishment for serious corruption offenses.
- Fines: May be applied as a primary or secondary penalty.
- Deprivation of the right to hold certain positions or engage in certain activities: As an additional penalty used to prevent repeat offenses.
- Confiscation of property: Applies in cases where property was acquired through criminal means.
Liability for Failure to Report Corrupt Practices
An important feature is liability for failure to report corruption offenses. According to the law, persons who witness corrupt practices are obliged to report them to the competent authorities. Failure to do so may also result in criminal liability.
You may also be interested in the following articles: advice of a lawyer, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Practical Aspects of Application
Investigation of Corruption Offenses
Investigations of corruption crimes in Ukraine are carried out by specialized bodies, in particular, the NABU and the Specialized Anti-Corruption Prosecutor's Office (SAP). They have broad powers to conduct investigative and detective activities, investigative actions and bring perpetrators to justice.
