Distinguishing the acceptance of an offer, promise or receipt of an unlawful benefit by an official from related criminal offenses and fraud

One of the foundations of the current anti-corruption policy and institutional reform in the field of fighting corruption is the establishment of criminal liability for criminal offenses in the field of official activities and professional activities related to the provision of public services. The priority area of law enforcement activities in Ukraine is combating corruption offenses committed by public officials, and one of the types is acceptance of an offer, promise or receipt of an unlawful benefit. The article outlines the conceptual aspect of distinguishing acceptance of an offer, promise or receipt of an undue benefit from related corpus delicti of criminal offenses which provide for liability for offenses in the field of official activity and professional activity related to the provision of public services, namely, it contains some similar features to those of related criminal offenses such as illicit enrichment (Article 368-5 of the Criminal Code of Ukraine), abuse of influence (Article 369-2 of the Criminal Code of Ukraine), and conducting of bribery. In addition, attention is drawn to the distinction between acceptance of an offer, promise or receipt of an unlawful benefit and fraud (Article 190 of the Criminal Code of Ukraine). The article focuses on the common and distinctive features of the elements of a criminal offense under Article 368 of the Criminal Code of Ukraine with related elements, namely: bribery of an official of a legal entity of private law regardless of its organizational and legal form (Art. 368-3 of the Criminal Code of Ukraine), bribery of a person providing public services (368-4 of the Criminal Code of Ukraine), illicit enrichment (Article 368-5 of the Criminal Code of Ukraine), abuse of influence (Article 369-2 of the Criminal Code of Ukraine), provocation of bribery (Article 370 of the Criminal Code of Ukraine) and fraud (Article 190 of the Criminal Code of Ukraine). The author emphasizes the criteria of objective and subjective features which allow for the appropriate distinction.