НЕПРАВОМІРНА ВИГОДА ЯК ПРЕДМЕТ КОРУПЦІЙНИХ ЗЛОЧИНІВ В КК УКРАЇНИ
IMPROPER ADVANTAGE AS A SUBJECT OF CORRUPTION CRIME IN THE CRIMINAL CODE OF UKRAINE

Summary/Abstract: The article examines the concept and characters of improper advantage as a subject of crime in the Criminal Code of Ukraine. It was established that changing the term "bribe" to "improper advantage" - is not just a formal renaming the subject of corruption crimes, but also a change of its nature. The main difference of the undue advantage from bribery is that the latter is only of a material nature and improper advantage may be both material and immaterial. At the same time the legislator made no distinction between the possible manifestations of an improper advantage, thats why the meanings of the concepts "advantage", "benefits", "service" and "intangible assets" was disclosed. Thus, the legislator was asked to accept mail clarification on material and immaterial nature of improper advantage with the clear separation of each type of improper advantage from each other. The Act of 18.04.2013 № 221-VII “On Amendments to Certain Legislative Acts of Ukraine on bringing national legislation in accordance to the standards of the Criminal Law Convention on Corruption” brought component elements of a crime of active and passive bribery in accordance with international standards by establishing criminal responsibility by promise, request or demand of an improper advantage, making offers or promises of an improper advantage as a completed gravamen of a charge. However, Ukrainian lawmakers didnt pay attention to the definition of "request" in the Criminal Code of Ukraine, which would be advisable to add to the Article 354 of the Criminal Code of Ukraine. Thus, for the purposes of Articles 354, 368, 3683 and 3684 of the Criminal Code of Ukraine the definition of a request of improper advantage was provided. At the same time, the criminal legislation of Ukraine contains multiple definitions of improper advantage, considering which we propose to unify these concepts by amending the Article 160 of the Criminal Code of Ukraine. Thus, there is an opportunity to unify these determining undue advantage for all Criminal Code of Ukraine (without taking account of the drawbacks of the legislative technique). However, in order to deal with this issue further, the Parliament of Ukraine should adopt a law that will eliminate differences in the existing definitions of improper advantage in the Criminal Code of Ukraine and carry out unification of this notion for all anti-corruption legislation.

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