Offering, promising or providing an improper benefit to an official – Article 369 of the Criminal Code of Ukraine

Contact with law enforcement agencies and other representatives of public authorities is often accompanied by risks that most people underestimate. Even a phrase spoken in a stressful situation or during emotional communication can be interpreted as an offer of an improper benefit, which automatically shifts a person from the status of an applicant to that of a suspect.

What constitutes an improper benefit under criminal law

An improper benefit includes money, property, privileges, services, intangible assets, or any other advantages that are offered or provided to an official without lawful grounds. This definition is закреплено in the note to Article 364¹ and is applied in Article 369 of the Criminal Code of Ukraine.

An offer, promise, as well as the giving of a bribe to an official for the purpose of influencing decision-making entails criminal liability.

It is important to understand: to establish the elements of a crime, it is not necessary to actually transfer money or material assets. The mere offer, promise, or any formal expression of intent recorded in written, oral, or electronic form is sufficient.

Situations in which the risk of accusation most often arises

The vast majority of criminal proceedings related to such offers are initiated not because of a classic transfer of funds, but due to ambiguous communications. Typical situations include:

• attempts to “reach an agreement” during inspections;
• emotional statements made during interrogations or communication with law enforcement officers;
• offers to “resolve an issue” through third parties;
• providing services or gifts after a decision has already been made;
• provocative actions by operational units.

That is why the admissibility of evidence and the absence of voluntary intent become key issues, which suspects often ignore at the initial stage of the proceedings.

Practice shows: to initiate criminal proceedings under Article 369 of the Criminal Code of Ukraine, neither the actual transfer of funds nor any real benefit to the official is required. A formal recording of intent to influence an official decision is sufficient.

When criminal liability arises and what the investigation must prove

To bring a person to criminal liability, the investigation must prove a combination of circumstances, without which the accusation loses its legal basis. In particular:

• the existence of an offer, promise, or actual provision of a benefit;
• a clear understanding by the parties of the unlawful nature of the actions;
• a link between the benefit and a specific official action;
• the absence of provocation by law enforcement authorities;
• the intent of the person to influence the decision of an official.

The case law of the Supreme Court proceeds from the position that in cases involving an offer or promise of an improper benefit, the decisive factor is not only the formal list of powers of the official.

Much more important is how these powers were perceived by the person who offered the benefit. The court assesses the significance of the position in the eyes of that person, the purpose of their actions, and their internal conviction as to what desired result could be achieved precisely through the official status of the addressee of the offer.

What penalties are provided for under Article 369 of the Criminal Code of Ukraine?

Sanctions under this article depend on the circumstances of the case and the subject to whom the benefit was offered. They may include fines, restriction of liberty, or imprisonment for a term of up to four years. In certain cases, exemption from liability is provided if the person voluntarily reports the fact of the offer before it is exposed.

Defense in cases involving improper benefits: key strategies

Defense in such proceedings requires the immediate involvement of a lawyer even before the first interrogation. Mistakes made at the outset often become irreversible. An effective strategy includes:

• analysis of the legality of covert investigative actions;
• verification of the admissibility of audio and video recordings;
• establishing the fact of possible provocation;
• neutralization of “controlled delivery” operations;
• defense during interrogations and searches;
• challenging the notice of suspicion.

Lawyers pay particular attention to psychological pressure, manipulation, and provocations, which are often used to obtain confessions or compromising testimony.

How “Prіkhodko & Partners” works in cases of this category

The law firm “Prіkhodko & Partners” has practical experience in defending clients in cases related to offering or providing improper benefits. We work in highly contentious proceedings where the stakes are extremely high.

Our legal support includes:

• immediate deployment of a lawyer;
• participation in interrogations and investigative actions;
• development of a defense position without self-incrimination;
• preparation of procedural documents;
• appealing unlawful actions of law enforcement authorities;
• support until the completion of the proceedings.

We act in a technical and cautious manner, with full control over the process and communications, ensuring the protection of the client’s rights and reputation.

Do you have questions regarding improper benefits? Fill out the form, and we will contact you to calculate the cost of legal support, provide an initial legal assessment of your situation, and offer recommendations on further actions.