- corruption crime, responsibility, punishment, discrimination, European Court of Human Rights
- https://doi.org/10.33270/01211192.19
- Pages 19-25
The article contains proposals on the directions of legal and procedural settlement of the problem of criminal liability for corruption offenses, given the need to prevent discrimination on the basis of a socially dangerous act and guarantee the constitutional rights of individual freedoms. Changes in the legislation on liability for corruption crimes have shown the efforts of the legislative branch to somehow counteract such a phenomenon as corruption. This is undoubtedly the Law of Ukraine No 1698-VII of 14.10.2014, which introduced such amendments to the Criminal Code of Ukraine in order to strengthen measures to combat corruption, limiting the possibility of exemption from criminal liability, milder punishment, release from punishment, replacement the unserved part of the sentence is more lenient for persons who have committed corruption crimes, etc. However, whether it has achieved its goal in 6 years, in our opinion, remains a rhetorical question. The purpose of the article is to improve the features of criminal prosecution for committing corruption offenses in Ukraine and thus improve the prevention of such crimes. Methodology. To achieve this goal, the formal-logical method, system-structural, comparative-legal, and statistical methods are used. Scientific novelty. By analyzing the provisions of law and judicial practice, it is proposed, along with the current procedure of liability and punishment for corruption crimes, to provide financial responsibility and punishment due to which the crime will be committed economically unprofitable. And all these proposals are put forward in view of and taking into account the case law of the European Court of Human Rights. Conclusions. The concrete result which the state will receive from the offered offers is established. And this is respectively the renewal of the interests of the state, replenishment of the state budget and reducing the burden on the penitentiary system