J. Syvoplias
adiunkt
katedry prawa karnego
Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
Anotation. 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.
Keywords: 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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