Criminal liability for corruption offenses in Ukraine

Corruption is a rather multifaceted phenomenon. In our country, various corruption schemes are often covered in the media. According to current legislation, criminal liability for corruption offenses in Ukraine may apply not only to officials, but also to representatives of the so-called "private sector" - contractors, ordinary employees, etc.

Legislative basis of the issue

At the legislative level, two terms are clearly distinguished: “corruption offense”, “offense accompanied by corruption components” (part one of article one of the Law of Ukraine “On Prevention of Corruption”).

According to the official definition, a corruption offense is an act that contains signs of corruption. As for illegal activity related to corruption, it does not contain signs of corruption, but violates the requirements, restrictions and prohibitions defined by the above-mentioned Law.

Article 45 of the Criminal Code of Ukraine (hereinafter referred to as the CCU) provides an exhaustive list of offenses that can be considered as corruption:

• Committed by persons on the basis of abuse of official position.
• Corruption crimes provided for by separate articles of the Criminal Code.

Criminal liability under articles on corruption crimes

First, let us recall that punishment in cases of corruption crimes (obtaining an unlawful benefit) can be received by two parties. That is, not only the official who received a bribe, but also the legal entity/individual offering this bribe can be held liable for corruption.

Let us consider in detail some articles of the Criminal Code of Ukraine related to corruption.

• Article 354 of the Criminal Code – Bribery of an employee of an enterprise, institution or organization.

Illegal activity:

1. Offering an unlawful benefit to a third party.
2. Committing/not committing actions using official position to obtain benefit.

Aggravating factors that affect the degree of responsibility are: repetition of the commission; organization, etc.

Responsibility under Article 354 of the Criminal Code provides for: fines, corrective labor, restriction/deprivation of liberty - up to 3 years.

• Article 368 of the Criminal Code - Bribery of an official of a private enterprise.

The main sign of illegal activity is receiving a bribe.

1. Aggravating circumstances:
2. Large and especially large amount of bribe.
3. Receiving a bribe by an official.

Committing the above actions repeatedly, in a previous conspiracy.

Maximum punishment - imprisonment for a term of up to 12 years, confiscation of property, ban on professional activity.

• Article 369 of the Criminal Code – Offer, promise or receipt of an unlawful benefit by an official

For committing unlawful actions under this article, a person is liable to imprisonment for a term of up to 10 years with confiscation of property.

In accordance with Part Five of Article 65 of the Criminal Code of Ukraine, a person suspected of committing unlawful behavior directly related to official activities is subject to suspension from performing professional activities.

Damage, losses caused to the state due to the commission of a corruption offense are subject to compensation in accordance with the procedure established by the Law (in most cases – through confiscation of property).

If you are suspected/accused under the above articles, the only correct decision will be to contact the qualified lawyers of our law firm “Prykhodko and Partners”.

In what cases can a person be exempted from criminal liability?

A person who offered a bribe, committed bribery, etc., may be exempted from criminal liability. Under what conditions? To do this, it is necessary to voluntarily declare the fact of corruption offenses to the National Police or NABU. It will be possible to avoid liability in cases where the crime becomes known in advance, that is, before the information is published from other sources.

During the consideration of the case, the judge cannot impose a milder punishment for corruption crimes than that prescribed in the Code. For example, persons who have been officially found guilty cannot be exempted from punishment. Also, a full amnesty cannot be applied to already convicted persons. The listed restrictions apply to specific articles that fall under the characteristics of "corruption" or "corrupt".

The lawyers of our law firm "Prykhodko & Partners" will use all available tools for high-quality protection of the interests and legal rights of each client. Among our advantages are confidentiality, efficiency, and the provision of the entire range of services related to criminal law.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services under articles on corruption crimes, fill out the form below.