PROBLEMS OF THE CORRELATION OF THE NOTIONS “CORRUPT PRACTICE” AND “BRIBERY” IN THE THEORY OF CRIMINAL LAW
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 39, Issue 2
Abstract
The article is devoted to the correlation of the notions “corrupt practice” and “bribery” in the theory of criminal law. Until recently, criminal law of Ukraine has not used the notion “bribery” as the generic concept for the behavior related with the transfer of undue advantage from a person who wishes to obtain certain advantages (benefits) to a person who has the possibility to provide these advantages (benefits) because of his / her status. The theory of criminal law qualified such attacks within the traditional notion of “corrupt practice”. Despite the rather high level of scientific development of the concept of “corrupt practice”, there is no consensus regarding its legal nature in the theory of criminal law. In the article the basic approaches to the determination of the legal nature of “corrupt practice” in the criminal law theory are analyzed. With implementation of the legal reform aimed at improving the legal principles of corruption prevention in Ukraine, the legal system of our country has obtained a new legal notion – “bribery”. The article deals with the issues related to the intervention of the notion “bribery” in the criminal and legal system of Ukraine and the state of understanding of its results.
Authors and Affiliations
Ю. О. Чернега
Keywords
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