PROSPECTS FOR IMPROVING THE MECHANISM FOR COMBATING CORRUPTION CRIMINAL OFFENSES IN UKRAINE

The article considers the prospects for improving the mechanism for combating corruption-related criminal offenses in Ukraine. It is indicated that the analysis of the content of the UN Convention against Corruption allows us to assert that the international document does not clearly define what measures and means of criminal law influence can or should be applied to legal entities. It is noted that the national criminal legislation has been more or less effectively brought into line with the recommendations set out in international legal documents. In particular, it is also necessary to pay attention to the fact that the legislator, in terms of criminal liability of legal entities for committing corruption-related criminal offenses and criminal offenses related to corruption, provided for a comprehensive mechanism of criminal law influence, which provides for both monetary and non-monetary sanctions. It is proved that a fine as a type of property punishment always aims to ensure the principle of proportionality of the public danger and damage caused by a criminal offense to the limits of criminal liability and the punishment that can be imposed for its commission. This is what determines the establishment of this type of punishment for criminal offenses against property and criminal offenses in the field of official activity and professional activity related to the provision of public services. Accordingly, it is advisable to improve the size and grounds for applying a fine for corruption and corruption-related criminal offenses. It is noted that the national mechanism for combating corruption is gradually being improved by making amendments and additions to legislative and other regulatory legal acts, in particular, criminal and criminal procedural legislation. At the same time, it should also be noted that the desire to bring national legislation into line with international and European standards of criminal liability for corruption and corruption-related criminal offenses does not always contribute to the establishment of effective and proportionate sanctions for such acts.

Authors

Publication Details

Journal
Ukrainian polyceistics theory legislation practice
Published
2025-01-01
DOI
https://doi.org/10.32782/2709-9261-2025-1-13-10
Primary Topic
Legal Studies and Reforms
Type
article
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article

PROSPECTS FOR IMPROVING THE MECHANISM FOR COMBATING CORRUPTION CRIMINAL OFFENSES IN UKRAINE

D.S. Arsentiev
Ukrainian polyceistics theory legislation practice
Legal Studies and Reforms
article

PROSPECTS FOR IMPROVING THE MECHANISM FOR COMBATING CORRUPTION CRIMINAL OFFENSES IN UKRAINE

D.S. Arsentiev
article en

Abstract

The article considers the prospects for improving the mechanism for combating corruption-related criminal offenses in Ukraine. It is indicated that the analysis of the content of the UN Convention against Corruption allows us to assert that the international document does not clearly define what measures and means of criminal law influence can or should be applied to legal entities. It is noted that the national criminal legislation has been more or less effectively brought into line with the recommendations set out in international legal documents. In particular, it is also necessary to pay attention to the fact that the legislator, in terms of criminal liability of legal entities for committing corruption-related criminal offenses and criminal offenses related to corruption, provided for a comprehensive mechanism of criminal law influence, which provides for both monetary and non-monetary sanctions. It is proved that a fine as a type of property punishment always aims to ensure the principle of proportionality of the public danger and damage caused by a criminal offense to the limits of criminal liability and the punishment that can be imposed for its commission. This is what determines the establishment of this type of punishment for criminal offenses against property and criminal offenses in the field of official activity and professional activity related to the provision of public services. Accordingly, it is advisable to improve the size and grounds for applying a fine for corruption and corruption-related criminal offenses. It is noted that the national mechanism for combating corruption is gradually being improved by making amendments and additions to legislative and other regulatory legal acts, in particular, criminal and criminal procedural legislation. At the same time, it should also be noted that the desire to bring national legislation into line with international and European standards of criminal liability for corruption and corruption-related criminal offenses does not always contribute to the establishment of effective and proportionate sanctions for such acts.

Ukrainian polyceistics theory legislation practice(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Legal Studies and Reforms
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