Bilokon O. H.

Yearly journal of scientific articles “Pravova derzhava” Volume 31 (2020), 553-563 p.

Bilokon O. H. Concept And Types of Bribery as a Cross-cutting Ñoncept in the Ñriminal Law of Ukraine

The article explores and analyzes the general meaning of the term "bribery" in the Criminal Law of Ukraine. It was defined that the main social dangers of bribery are the following:

  • committing this crime prevents citizens from free exercising their right to participate in all-Ukrainian and local referendum, violates their procedure, may affect the elections results and the decision on the referendum issue;
  • goes beyond the granted official or official authority, characterized by the committing of substantial harm to the rights or interests of individuals, protected by law, or to the state or public interests or interests of legal entities;
  • it is a socially dangerous act, the commission of which is to use the authority given to persons for the purpose of obtaining from other persons undue benefits; it is a socially dangerous act, the commission of which is performed via use of power against the interests of the service;
  • it is a socially dangerous act, the commission of which is performed via use the position powers contrary to the interests of a legal entity of private law, regardless of the legal form.

At the same time, the prerequisites of becoming responsible for bribery in the Ukrainian legislation were clarified and the types of bribery were analyzed, depending on the specifics of the rights and powers of subjects, depending on the degree of obviousness for persons, who are not parties or interested parties to bribery, as a corruption offense and depending on the role of the state in setting of social relations, the order of which is disrupted by bribery.

From the analysis of articles of the Criminal Code of Ukraine bribery is characterized as: acceptance of an offer, promise or receipt for oneself or for the third party of unlawful benefit; an offer or promise to provide an illegal benefit;

The definition of the concept of "bribery" in the criminal law of Ukraine is proposed to be considered as a socially dangerous, punishable act, characterized by the agreement of two interested persons, or the inclination of one person for the benefit of the other, to gain (give) illegal advantage by abuse of the authorized person by their authority or their official power another person.

Key words: bribery, corruption, corruption, criminal law, classification, types.

References

1. Berezner V. V. Bribery as a criminal and legal concept: Problems to determine and classify Scientific bulletin of the International Humanities University. Avg.: Jurisprudence. 2018. ¹ 36. Chapter 2. P. 131. 2. Criminal law of Ukraine : Common part : Textbook / Bazhanov M. I., Baulin Y. V., Borisov V. I etc. ; Edited M. I. Bazhanova, V. V. Stashisa, B. I. Tacia. Kyiv – Kharkiv : Iurinkom Inter-Law. 2001. P. 85. 3. Frys P. L. Criminalization and decriminalization in the criminal legal policy. Bulletin of the Association of criminal law of Ukraine. 2014. ¹ 1 (2). P 25. 4. Odnolko I. V., Odnolko S. V. Public danger of corruption acts. Topical issues of criminal responsibility : proceedings of the international scientific and practical conference, October 10–11, 2013 / editorial board of V. Ya. Borisov (deputy editor-in-chief) and others. Harkiv : Law, 2013. P. 510–511. 5. Chernega Yu. O. Characteristics of generic features of bribery in the criminal law of Ukraine. National law journal: Theory and practice. 2016. ¹ 4 (20). P. 185. 6. Kazak B. B. Sources and threats to the security of the criminal enforcement system. Security of the criminal enforcement system. 2008. ¹ 1. S. 26–30. 7. Berezner V. V. P. 137. 8. Voznyuk A. A. Bribery às a way of committing a crime. Problems of jurisprudence and law enforcement. 2011. ¹ 3 (46). C. 205. 9. Cherneha Yu. O. Liability for Bribery Under the Criminal Law of Ukraine: dissertation ... Cand. lawyer. of sciences : 12:00:08 Lviv State University of Internal Affairs of the Ministry of Internal Affairs of Ukraine. Lviv, 2019. 90 p. 10. Tam samo. P. 79. 11. Abakumova Y. V. Liability estimation methods of incitement to crimes. Law Institute, named after Vladimir Stashis Classic private university, Ukraine. 2010. ¹ 1. P. 147–148. 12. Cherneha Yu. O. P. 79. 13. Borovikova V. S., Yakymova S. V. Types of bribery as criminally punishable offenses in Ukraine. Bulletin of the Lviv State University of Internal Affairs. the series is legal. 2015. Vip. 3. P. 224. Access mode : http://nbuv.gov.ua/UJRN/Nvlduvs_2015_3_27 14. Tam samo. P. 226. 15. Cherneha Yu. O. Liability for Bribery Under the Criminal Law of Ukraine: Author's abstract diss. for good. of sciences. degree of cand. lawyer. of sciences. Lviv, 2019. P. 7. 16. Borovikova V. S., Yakymova S. V. P. 227. 17. Tam samo. P. 228. 18. Criminal law of Ukraine : Special part : Textbook. for students. Higher. education / M. I. Bazhanov, V. Ya. Tatsiy, V. V. Stashys, I. O. Zinchenko and others; in a row. M. I. Bazhanova, V. V. Stashisa, V. Ya. Tació. Kyiv : Yurinkom Inter ; Harkiv : Law, 2002. P. 407. 19. Yakimova S. V. Generic and specific signs of bribery in connection with the implementation of voting rights, the criminal legislation of Ukraine. Bulletin of the National University "Lviv Polytechnic". Law. 2015. ¹ 824. P. 461. Access mode: http://nbuv.gov.ua/UJRN/vnulpurn_2015_824_77 20. Borovikova V. S., Yakymova S. V. P. 228–229. 21. Cherneha Yu. O. Problems of the correlation of the notions “corrupt practice” and “bribery” in the theory of criminal law. Scientific bulletin of Uzhgorod National University. Series: Right. 2016. VIP. 39 (2). P. 65–69. Access mode : http://nbuv.gov.ua/UJRN/nvuzhpr_2016_39%282%29__17 

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