Issue: № 9, 2025
Doi: https://doi.org/10.37634/efp.2025.9.12
The paper examines the criminal law qualification of acts under Article 368 of the Criminal Code of Ukraine (acceptance of an offer, promise or receipt of an undue benefit by an official). In this regard, the author draws considerable attention to the complexity of qualification of acts given the various forms of their commission, as well as to the need to correctly establish the subject and objective side of the criminal offense under Article 368 of the Criminal Code of Ukraine. Within the framework of the study, the author analyzes the current case law, in particular, the issue of liability of an official for obtaining an unlawful benefit during sick leave or after dismissal from office. The author focuses on the distinction between this criminal offense and related types of criminal offenses provided for in Chapter XVIII of the Special Part 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), and fraud (Article 190 of the Criminal Code of Ukraine). The methodological basis of the study is an analysis of the regulatory framework, court decisions from the Unified State Register of Court Decisions and relevant scientific works. As a result, the author identifies the criteria which should be applied when establishing the essential circumstances of cases for the correct criminal law qualification. The paper is aimed at improving the understanding and practice of application of Article 368 of the Criminal Code of Ukraine.
Keywords : judicial practice, corruption criminal offenses, general characteristics, related corpus delicti of criminal offenses
References:
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