IMPROVEMENT OF CRIMINAL LIABILITY FOR OFFERING OR PROMISING IMPROPER BENEFIT TO OFFICIAL WHO HOLD RESPONSIBLE OR ESPECIALLY RESPONSIBLE POSITION

Abstract

In this article the statement is substantiated that the principle of legal certainty causes needs to improve provisions of Article 369 of the Criminal Code of Ukraine (further – the Code) regarding establishment criminal liability for offering or promising improper benefit to official who hold responsible or especially responsible position. The draft law № 15221 of May 7, 2026 was registered on this matter in the Verkhovna Rada of Ukraine. It is aimed at ensuring unified, predicable and unambiguous application of the relevant provisions of criminal law.

It is proved that amendments proposed by the draft law lead in fact to abolition criminal liability for offering or promising to official who hold responsible or especially responsible position to grant an improper benefit to him or a third party. Such amendments break a logic of Article 369 of the Code, contradict understanding the term of "corruption", and this will not promote but rather hinder the maintenance of public service integrity.

At the same time valid provisions of parts three and four of Article 369 of the Code can be interpreted so that criminal liability arises for offering or promising to official who hold responsible or especially responsible position to grant an improper benefit to him or a third party only in condition that an improper benefit was ultimately granted in fact. In this regard the formulations of norms disposition of mentioned parts of Article 369 of the Code is proposed that will allow to eliminate the interpretation ambiguity of these norms.

An attention is focused on the lack of terms definition of "responsible position", "especially responsible position", and the clear criteria for distinguishing these terms. Therefore in the Code and in the Law of Ukraine "On corruption prevention" derived terms of "officials who hold responsible position" and "officials who hold especially responsible position" are defined through establishing the exhaustive lists of relevant officials. Such situation generates periodic disparities between established lists and reality of functioning state bodies system, inconsistencies on relevant matters between the Code and the Law of Ukraine "On corruption prevention". This determines the importance of developing the unified approach concerning appropriate terminology.