PROBLEMS OF IMPROVING CRIMINAL LAW NORMS ESTABLISHING CRIMINAL LIABILITY FOR CORRUPTION AND CORRUPTION-RELATED CRIMINAL OFFENCES

Abstract

The article considers the problems of improving criminal law norms that establish criminal liability for corruption and corruption-related criminal offenses. It is indicated that the analysis of the norms of criminal law that establish criminal liability for committing criminal offenses in the field of official activity and professional activity related to the provision of public services provides grounds for stating that the primary need that needs to be addressed is to bring the elements of the components of socially dangerous acts into line with the requirements specified in international documents ratified by Ukraine, as well as to establish a correlation between interdependent illegal acts (for example, criminal offenses provided for in Articles 364, 368 and 369 of the Criminal Code of Ukraine). It is noted that, taking into account the fact that this approach of the legislator was aimed, in particular, at simplifying the conduct of pre-trial investigations and facilitating the rapid collection of evidence in criminal proceedings initiated on the fact of committing corruption criminal offenses and criminal offenses related to corruption, a completely humane decision of the legislator would be to establish the possibility of only releasing from punishment with probation. It is noted that today a number of problematic issues related to the improvement of criminal law policy in the field of combating corruption remain unresolved. Trends towards partial humanization of criminal liability for corruption criminal offenses and criminal offenses related to corruption can also be assessed not only as not fully effective, but also as potentially destructive in view of the existing needs of the state in the formation of a reliable mechanism for combating corruption.