Кримінальні корупційні правопорушення під час дії воєнного стану

The article examines current issues and the specifics of committing corruption criminal offenses during martial law, including through a retrospective look at relevant crimes during the time of the Ukrainian People’s Republic, which were attempted to be qualified through the lens of the present. Attention is paid to the main features that characterize the essence of corruption. To obtain analytical data within the framework of the study, an appeal was made to the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses. Modern criminal corruption offenses are reviewed, which are activated during periods of the highest challenges, among which war and hostilities are one of the critical ones, in particular: offering, promising or providing an unlawful benefit to an official (Article 369 of the Criminal Code of Ukraine); accepting an offer, promising or receiving an unlawful benefit by an official (Article 368 of the Criminal Code of Ukraine); misappropriation, embezzlement of property or taking it by abuse of official position (Part 2 of Article 191 of the Criminal Code of Ukraine) and illegal enrichment (Article 368-5 of the Criminal Code of Ukraine). To support the statistical data, examples of high-profile criminal cases during martial law are given. The difference in the wordings “during martial law” and “using martial law conditions” is examined, a proposal is formulated to add such a special qualifying feature to articles dedicated to corruption criminal offenses. The recommendations of the European Court of Human Rights expressed in the case “Xhoxhaj v. Albania” are considered, in connection with which the controversial nature of the legislation and the position of the ECHR were revealed. It is important for Ukraine that such a position contradicts national legislation. In the course of the study, the classification of corruption into two types formulated by scientists: Roman and Byzantine was used. The high level of corruption in Ukraine is stated, which requires overcoming corruption of all types. The opinion is expressed on the importance of the role of society in such a struggle. Proposals are made on ways to overcome the destructive phenomenon of corruption, taking into account the specifics of martial law, and a conclusion is formulated based on the presented material.