ILLEGAL BENEFIT AS A SUBJECT OF BRIBING A PERSON WHO PROVIDES PUBLIC SERVICES
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article investigates illegal benefit as a subject of bribing a person who provides public services. On the basis of the analysis of the legal definition of illegal benefits, this is contained in the note to Art. 364-1 of the Criminal Code of Ukraine, it has been found that it may be in the form of monetary funds, other property, preferences, privileges, services, intangible assets or any other benefits of immaterial or non-monetary nature.The study of the content of the specified above types of illegal benefit has made it possible to conclude that it is necessary to exclude from the legal definition the form of monetary fund’s as illegal benefit because it is not its independent form, but belongs to a separate type ofproperty. It has been substantiated the necessity of expanding the list of types of illegal benefits due to the acts that have features of services, but are of illegal nature.The issue of the correlation between benefits and privileges as types of illegal benefits has been considered separately and it has been found that they are not identical concepts and do not correlate with each other as a part and whole, and therefore are reasonably included into the legal concept of illegal benefits as its independent types. The conducted study made it possible to conclude that it is expedient to change the legal definition of illegal benefits as the subject of a crime stipulated in Art. 368-4 of the Criminal Code of Ukraine and its statement in the following wording: illegal benefit is property, preferences, privileges, services as well as acts that have features of services but are of illegal nature, intangible assets, and any other benefits of immaterial or non-monetary nature.
Authors and Affiliations
О. С. Перешивко
Keywords
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