Differentiation of Liability for Corruption Offenses in Conditions of Martial State Taking into Account International Standards
Abstract
Abstract. The article presents a comprehensive study of the problem of differentiation of criminal liability for corruption offenses under martial law, taking into account international standards and objectives of Ukraine's foreign criminal and legal policy. It is substantiated that during a special period, corruption is transformed from a managerial deviation into a factor of direct threat to the state's defense capability, the effective use of international financial assistance and trust in Ukraine as a subject of international law, which leads to an increase in the degree of its public danger and the need for an adequate, systematically built criminal and legal response. Based on the analysis of doctrinal approaches to understanding the differentiation of criminal liability and the judicial practice of the High Anti-Corruption Court for 2025–2026, the need for legislative consolidation of special criteria for increased public danger of corruption offenses under martial law, as well as the definition of clear boundaries for the application of provisions on the imposition of a more lenient punishment on the basis of a plea agreement, is substantiated. It is shown that the existing practice demonstrates a bipolar nature of differentiation: from a significant mitigation of punishment under the condition of active cooperation with law enforcement agencies to a strict criminal-legal response in cases of encroachment on the fundamental institutions of the state. It is concluded that the formation of a systematic, doctrinally-based model of differentiation of responsibility for corruption offenses under martial law should be based on the principles of proportionality, justice, efficiency and inevitability of punishment, comply with international anti-corruption standards and ensure a balance between the needs of national security and the requirements of legal certainty. The implementation of the proposed approaches will contribute to increasing the coherence of Ukraine's criminal-legal policy and strengthening its international legal reputation.
Keywords: corruption offenses; foreign criminal-legal policy of Ukraine; criminal responsibility; international cooperation; corruption; inevitability of punishment; public danger.
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References
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