Lawyer 368 KKU Receiving a bribe

Acceptance of an offer, promise or receipt of an unlawful benefit by an official

Bribery is the unlawful obtaining of benefits or advantages through corrupt practices. In most cases, this means receiving a bribe or giving a bribe in exchange for influence, favours, a resolution of an issue or any other benefit. Such acts are harmful to society, violate the law and ethical principles, and can have serious legal consequences for those who commit them. Many countries have laws and agencies that combat bribery and try to prevent it from occurring.

Article 368 of the Criminal Code of Ukraine "Receipt of unlawful benefit" is the main article that deals with bribery. Here is the text of this article: "Receipt of undue advantage The receipt by an official, officer or person engaged in teaching or research activities of an undue advantage (bribe), as well as the promise or demand of such advantage for himself or herself or for another person in exchange for the performance or non-performance by that person of actions within his or her authority or for the performance by that person of actions outside his or her authority shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, with or without confiscation of property."

368 369 of the CCU contains the following text: "Giving an unlawful benefit Giving an official, officer or person performing teaching or research activities an undue advantage (bribe) or undue benefit, as well as promising or demanding such advantage or benefit for oneself or for another person for the person to perform or not to perform actions within his/her authority or for the person to perform actions outside his/her authority shall be punishable by a fine of up to two hundred and fifty tax-free minimum incomes, or public works for up to two hundred and forty hours, or restraint of liberty for up to five years with or without disqualification to hold certain positions or engage in certain activities for up to three years, with or without confiscation of property." This article concerns the giving of bribes or other undue benefits to officials, officers or persons engaged in teaching or research activities in exchange for certain actions or omissions within their authority.

Bribery by public officials is a serious crime and a violation of the law. According to Article 368 of the Criminal Code of Ukraine, which I quoted earlier, it is punishable by imprisonment for a term of three to eight years with or without disqualification to hold certain positions or engage in certain activities for a term of up to three years, with or without confiscation of property. Public officials have a great responsibility to society and must act in the interests of the general welfare. Accepting bribes violates the principles of justice, legality and trust in public institutions. Such actions damage trust in the state, undermine the development of society and can have serious consequences for corrupt officials.

Bribery in healthcare is the receipt or provision of an undue advantage, which may be in the form of money, gifts, services or any other benefit in exchange for medical services, treatment preferences, expedited medical care or other advantages. In the healthcare sector, bribery can have serious consequences for patients, as it can lead to negligence in the provision of medical services, inadequate diagnosis and treatment, and distortion of medical decisions in favour of the bribe taker.

Fighting bribery in healthcare is an important part of the fight against corruption in general, as it affects people's health and lives. Various measures can be taken to combat this, such as strengthening ethical standards, prohibiting the giving and receiving of bribes in the medical sector, and an effective monitoring and control system.

Legal steps:

In a bribery case, a lawyer may be involved at different stages of the legal process. Here are some possible stages at which a lawyer may provide legal assistance:

• Consultation and preparation of the case: A lawyer can meet with the client, examine all available facts and evidence, provide advice on the legal aspects of the case and draw up a defence strategy.
• Filing an application and representation before the authorities: A lawyer can prepare and submit a statement to the police, prosecutor's office or other relevant authorities. He or she can also represent the client's interests at hearings, investigations and other procedural actions.
• Conducting an investigation and participating in a trial: A lawyer can provide assistance during an investigation, interact with investigators, and monitor the work of law enforcement agencies. In addition, he or she can represent the client's interests in court, develop and present evidence, argue their positions and take other actions aimed at protecting the client's rights.
• Appeal and cassation: If the case proceeds to the appeal or cassation level, the lawyer can continue to represent the client's interests at these stages by preparing the relevant appeal or cassation applications and presenting them before the relevant courts.

Each bribery case under the CCU may have its own peculiarities, and a particular lawyer will decide at which stages he or she will provide assistance, taking into account the needs of his or her client and the nature of the case.

Under what conditions can the service be provided?

The service on bribery in Ukraine can be provided under the following conditions:

1. Payment: Where the understanding for payment for the service is an agreement between two or more parties that sets out the terms of payment and the amount to be charged for the service.
2. Agreement on the scope and nature of the service: If the parties have clearly defined the scope and nature of the service to be provided and have reached agreement on these matters.
3. Legality: The service can be provided provided that it does not contradict the laws and regulations that apply to the particular industry or type of service.

Under what conditions can the service not be provided?

The service on bribery and related offences cannot be provided under the following conditions:

• Insufficiency of the agreement: If there is no agreement between the parties on the terms of the service, including the scope, quality or payment. Illegality: If the provision of the service contradicts the law or violates the rights or interests of third parties.
• Lack of favourable conditions: If the necessary conditions for the provision of the service are not met, for example, if it is not possible to perform the service due to insufficient resources, equipment or time.

How to figure it out on your own?

It can be a difficult task to understand the bribery provisions of the Criminal Code of Ukraine on your own, but it is not impossible. Here are a few steps that can help you navigate through a difficult situation:

1. Research the information: Start by researching the topic or situation of the bribery article of the criminal code that interests you. Read articles, books, watch videos on the topic, and search for information on the Internet. Remember to check sources to make sure they are reliable.
2. Consult with experts: If possible, consult specialists or experts in the area of bribery that you are interested in. These may be doctors, lawyers, financial advisors or other specialists, depending on the situation.
3. Analyse alternatives: Consider different options for solving a problem or taking action in a given situation. Evaluate the advantages and disadvantages of each option to find the best way forward.
4. Practical steps: Once you have enough information about the bribery criminal code and have considered your options, decide what steps to take next. It is important to have an action plan and gradually implement it.

Frequently asked questions

What does the cost of services depend on?

The more complicated or complex a case is, the more time, effort and resources it may require to handle it. The cost of services may reflect this level of complexity. The cost may also be related to the amount of work that needs to be done to handle the case. This may include conducting investigations, preparing documents, attending hearings and other activities.

Lawyers with a higher level of experience and qualifications may charge higher prices for their services because their knowledge and skills may be worth more.