CRIMINAL AND LEGAL CHARACTERISTIC OF THE OFFENCE, WHICH DEFINED IN A PART 1 OF ARTICLE 368 OF THE CRIMINAL CODE OF UKRAINE
|O. S. Bondarenko 1, P. I. Suprun 1,|
|Affiliations||1 Sumy State University, 2, Rymskogo-Korsakova st., 40007 Sumy,Ukraine|
|Issue||Issue 6, Year 2017|
|Citation||Bondarenko O. S., Suprun P. I. Criminal and Legal Characteristic of the Offence, which Defined in a Part 1 of Article 368 of the Criminal Code of Ukraine. Legal Horizons, 6, 40-43 (2017)|
|Keywords||corruption, corruption crimes, undue advantage, acceptance of a proposal, acceptance of a promise, reception, official.|
|Annotation||Constitution of Ukraine stipulates the absolute obligation of all, without exception, bodies of state power and local self-government, as well as their officials to comply with the requirements of national legislation and act only in accordance with clearly defined powers. However, unfortunately, this principle in the activities of officials is constantly discredited. In particular, one of the most widespread corruption crimes is the acception the proposal, the accepion of a promise or the receiption of an undue advantage by an official.
The authors review the retrospective development of criminal liability for a crime, the responsibility for which defined in a Part 1 of Art. 368 of the Criminal Code of Ukraine.
Particular weight is focused on analyzing the elements and features of a crime the acception the proposal, the acception of a promise or the receipton of an undue advantage by an official. The object of the crime and its item – undue advantage are reserched by autors. The undue advantage is decisive for the analyzed crime, because it plays for it an essential role. And it means that item of this offence affects the criminal-law qualification and punishment of the guilty person.
The authors describe the objective side of the analised crime in four forms: the acceptance of a proposal to provide an official with an undue advantage for himself or a third person; accepting a promise to give her an undue advantage to a third person; obtaining an undue advantage for himself or a third person; request to provide an undue advantage to a third person.
The authors noted that the key element in the analyzed crime is its subject – a official. Regarding the subjective side, it is characterized by direct intent and a special purpose (obtaining an undue advantage for himself or for a third person). We think that a third person may be not only physical but also legal.