PREREQUISITES FOR ESTABLISHMENT OF CRIMINAL RESPONSIBILITY FOR BRIBERY IN THE LEGISLATION OF UKRAINE
Journal Title: Порівняльно-аналітичне право - Year 2016, Vol 3, Issue
Abstract
The article is devoted to clarifying the preconditions for establishment of criminal liability for bribery in legislation of Ukraine. It is stated that despite the sufficient amount of scientific attention to the grounds for criminalization of the socially dangerous acts, there are no works dedicated to the problems of understanding the preconditions for establishment of criminal liability for bribery in criminal law of Ukraine. It is also mentioned that because of the dynamic changes of criminal legislation in combating white-collar crime and the high degree of corruption crimes latency, statistics rates showing the state and structure of corruption crime cannot be taken into account while determining the prevalence and danger of such attacks. The article presents views on understanding the notion „corruption crime”, including those arising from the stipulation of the relevant notion directly in the text of the Criminal Code of Ukraine. The way of defining the notion „corruption crime” in the law, including its correlation with the notion «bribery», is analyzed. The article highlights the stages of implementation of the undertaken legal obligations under international law by Ukraine, which resulted in the current state of criminal and legal regulation of the liability for bribery. Explanatory notes to the corresponding draft laws, amending the Criminal Code of Ukraine, are analyzed. They contain the information that gives understanding of the emergence of the integrative generic notion „bribery”, which appeared in the Criminal Code of Ukraine, of its contents, essence of its forms and displays.
Authors and Affiliations
Ю. О. Чернега
Keywords
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