Criminal-legal characterization of criminal offenses related to corruption in Ukraine

Abstract

The article examines the criminal-legal characterization of criminal offenses related to corruption in Ukraine. Corruption has a high level of latency, it hinders reform efforts, causes significant harm, and negatively affects Ukraine's reputation in international relations. The main risk on the path to European integration lies in how willing the government structures and leadership of the country are to fulfill their obligations and meet the expectations that exist in society today. Therefore, the fundamental issue in this context is the problem of combating corruption, which is currently the most pressing problem in our country. The Criminal Code of Ukraine specifically defines which socially dangerous acts constitute criminal offenses related to corruption for which individuals can be held criminally liable and punished. It is noted that the concepts of corruption, corrupt offense, and offense related to corruption are not defined in the Criminal Code of Ukraine, but are elaborated in the Law of Ukraine “On Prevention of Corruption”. The characteristics of criminal offenses related to corruption are considered, including social danger, unlawfulness, guilt, and commission by a special subject. It is stated that the provisions of the Special Part of the Criminal Code of Ukraine are arranged in separate sections based on the generic object, but the legislator does not adhere to this principle regarding criminal offenses related to corruption, and only Article 45 of the Criminal Code of Ukraine specifies which criminal offenses are classified as offenses related to corruption. It is mentioned that Ukraine has established a system of anti-corruption legislation, which defines the scope of subjects covered by this legislation and the circle of specially authorized subjects in the field of anti-corruption. In addition, the anti-corruption strategy in Ukraine is implemented through the implementation of a state program. Therefore, the legislation establishes a set of requirements and procedures aimed at preventing corruption. All these instruments form a complex of anti-corruption mechanisms that act as a barrier to the commission of criminal offenses related to corruption. However, this legislation must be clear and accessible for application by both theorists and practitioners. It is concluded that criminal offenses related to corruption are clearly defined in the Criminal Code of Ukraine as socially dangerous culpable acts (acts or omissions) that contain signs of corruption and are committed by the subject of the criminal offense related to corruption. As mentioned earlier, the peculiarity of the Criminal Code of Ukraine is that there is no one clear section among its divisions that encompasses all criminal offenses related to corruption, therefore, it is considered appropriate to include a separate section in the Criminal Code of Ukraine to unite all criminal offenses related to corruption in order to ensure proper application of criminal legislation and hold responsible individuals accountable for criminal offenses related to corruption.