What constitutes a bribe for an official?

Bribery is a very common phenomenon in modern Ukrainian society. A bribe given to a public official pursues the following goal: performance/non-performance of any action related to the official's official position. A person who joins the public service, in addition to his direct duties, voluntarily and consciously accepts the prohibitions and anti-corruption restrictions established by the modern legislation of Ukraine. However, it often happens that the official is accused of receiving an illegal benefit. If you have been accused of bribery, you should contact specialists who will be able to build the best strategy for your defense. The lawyers of "PRIKHODKO & PARTNERS" have many years of experience in this field.

Types of bribes

Conventionally, bribery can be divided into two groups: active and passive.

• Active bribery

The person himself offers a bribe to speed up certain processes or to receive a certain benefit.

• Passive bribery

A person is asked/demanded a bribe in order to receive appropriate services or products of the activity.

Thus, bribery is one of the types of corruption. For committing corruption offences, an official faces administrative, criminal, disciplinary and civil liability:

• The fine is from 1000 NMDH.
• Arrest - from 3 months.
• Deprivation of liberty - from 2 to 12 years.
• Confiscation of property.
• Deprivation of the right to engage in certain activities or hold certain positions for up to 3 years.

Algorithm of an official's actions in the event of a bribe
 

If you are offered to take a bribe, we offer the following action algorithm:

1. Reject the offer.
2. Try to identify the person who tried to pay the bribe.
3. Gather evidence of a person's guilt: look for witnesses, use audio and video recordings (if available).
4. Send a message to specially authorized bodies in the field of combating corruption, adding the prepared evidence base.

It is very important to avoid bribery with the above active actions. In the event that they are not committed, the official will be able to be prosecuted.

Important: both the person who accepted the bribe and the person who provides or offers an unlawful benefit to a public servant are liable (Article 369 of the Criminal Code of Ukraine).

Strategy for the defense of a person accused of bribery

First of all, it is important to remember that there is a presumption of innocence (Article 17 of the Criminal Procedure Code of Ukraine). A person is considered innocent of committing a particular criminal offense until proven guilty in the manner prescribed by this Code.

It is important to build an active defense position in the bribery case. Only professional lawyers - specialists of "PRIKHODKO & PARTNERS" can cope with this task

Our experienced attorneys will be able to gather evidence and build a defense system that will close the bribery case or result in an acquittal. Sign up for a consultation - leave a request to calculate the cost of a lawyer's assistance!