Особливості кримінальної відповідальності службових осіб юридичних осіб приватного права за корупційні злочини у сфері службової діяльності

The article explores the specifics of criminal liability of officials of private legal entities for committing corruption-related offenses in the field of official activity, which constitutes an important area of modern criminal law science and anti-corruption practice. It is emphasized that corrupt behavior by private sector officials is among the most dangerous forms of unlawful activity, as it directly threatens the economic security of the state, violates the principles of fair competition, and undermines trust in the business environment. The study examines the peculiarities of the legal status of such individuals, particularly through the lens of their differences from officials of state or local government bodies. The legal nature and essence of corruption crimes are revealed, and their main legal characteristics are defined, including abuse of authority, official forgery, acceptance of undue benefits, and abuse of influence. The provisions of the Criminal Code of Ukraine regulating the liability of private legal entities for corruption offenses in the field of official activity are analyzed. Attention is drawn to problematic aspects of criminal law qualification, in particular the determination of the connection between the performance of official duties and corrupt actions, as well as the establishment of the scope of authority of an official and its use contrary to the interests of the legal entity. Legal conflicts and difficulties in law enforcement are noted in cases where an official actually acts in the interests of third parties or under corporate pressure. Special attention is given to anti-corruption instruments functioning within corporate governance. The author highlights the significance of implementing compliance programs, internal control systems, corporate ethics, and proper risk management as preventive mechanisms for combating corruption in the private business sector. The advisability of strengthening legislative regulation and state monitoring of the effectiveness of anti-corruption measures in the non-banking private sector is substantiated. Thus, the analysis of the features of criminal liability of an official of a private legal entity for corruption-related offenses in the sphere of official activity allows for a deeper understanding of the nature of this legal institution and reveals prospects for improving legislative and law enforcement practices in this area.

Publication Details

Journal
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Published
2025-08-04
Primary Topic
Laser Design and Applications
Type
article
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article

Особливості кримінальної відповідальності службових осіб юридичних осіб приватного права за корупційні злочини у сфері службової діяльності

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Laser Design and Applications
article

Особливості кримінальної відповідальності службових осіб юридичних осіб приватного права за корупційні злочини у сфері службової діяльності

article en

Abstract

The article explores the specifics of criminal liability of officials of private legal entities for committing corruption-related offenses in the field of official activity, which constitutes an important area of modern criminal law science and anti-corruption practice. It is emphasized that corrupt behavior by private sector officials is among the most dangerous forms of unlawful activity, as it directly threatens the economic security of the state, violates the principles of fair competition, and undermines trust in the business environment. The study examines the peculiarities of the legal status of such individuals, particularly through the lens of their differences from officials of state or local government bodies. The legal nature and essence of corruption crimes are revealed, and their main legal characteristics are defined, including abuse of authority, official forgery, acceptance of undue benefits, and abuse of influence. The provisions of the Criminal Code of Ukraine regulating the liability of private legal entities for corruption offenses in the field of official activity are analyzed. Attention is drawn to problematic aspects of criminal law qualification, in particular the determination of the connection between the performance of official duties and corrupt actions, as well as the establishment of the scope of authority of an official and its use contrary to the interests of the legal entity. Legal conflicts and difficulties in law enforcement are noted in cases where an official actually acts in the interests of third parties or under corporate pressure. Special attention is given to anti-corruption instruments functioning within corporate governance. The author highlights the significance of implementing compliance programs, internal control systems, corporate ethics, and proper risk management as preventive mechanisms for combating corruption in the private business sector. The advisability of strengthening legislative regulation and state monitoring of the effectiveness of anti-corruption measures in the non-banking private sector is substantiated. Thus, the analysis of the features of criminal liability of an official of a private legal entity for corruption-related offenses in the sphere of official activity allows for a deeper understanding of the nature of this legal institution and reveals prospects for improving legislative and law enforcement practices in this area.

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Peace, Justice and strong institutions
Openalex Percentile: Top 51%
Laser Design and Applications
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