Characteristic of Criminal Corruption in Context of Ukrainian Legislation
Abstract
In this article author gives a characteristic of criminal corruption in particular obtaining unlawful benefits in the context of legislation in Ukraine. Criminal mechanism of obtaining unlawful benefits and interaction between elements of its characteristic are two general criminal situation. First of them includes mechanism of criminal plot and handing of object of unlawful benefit. Another situation includes mechanism of official actions (inactivity) of an official person, that entered in a plot with a person, who given an unlawful benefit (directly or with a help of mediator) in consideration for obtaining unlawful benefits. Supposed that mechanism of criminal corruption can develop in two main ways: interested person (person, that given an unlawful benefit or mediator) hand object of unlawful benefit to person, that receives it; person, that hand object of unlawful benefit to official as an award for making actions in favor of the concerned person (obtaining the expected result). Upon receipt of unlawful benefit qualifying features are: Repeated receipt of unlawful benefits; demanding of unlawful benefits; responsible official position of the customs authorities; former conviction for receiving, offering or giving unlawful benefit; the amount of undue benefit. The person who offered, promised or gave an unlawful benefit, is released from criminal liability, if he was victim of extortion or if this person willingly declared a committed act.
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