The Subject of Acceptance of an Offer, Promise or Receipt of Illegal Benefit in the Criminal Law of Ukraine

Abstract

The paper is devoted to issues on criminal and law characteristic of subjects of composition of a criminal offense that is provide by Article 368 of Criminal Code of Ukraine (acceptance of an offer, promise or receipt of illegal benefit by an official), and to analysis of current legislation in this field. Particular aspects of forming of legal regulation of criminal liability of officials for committing a criminal offense related to accepting an offer, promise or receiving an illegal benefit are researched. The issue of expanding the range of subjects of a criminal offense under Article 368 of the Criminal Code of Ukraine is analyzed. Experience of Criminal and Law Regulation of liability of certain categories of officials according to legislations of Austria, Norway, and Holland, Canada is analyzed. There is stressed that the analysis of the subjects of the crime under Article 368 of the Criminal Code of Ukraine and given in Note 1 to this Article allows to propose the text of the list included in Note 1 of Article 368 of the Criminal Code of Ukraine in the following wording, adding to the list of officials «Commissioner of the President of Ukraine for the Rights of the Child, Commissioner of the President of Ukraine for the Rights of Persons with Disabilities, Business Ombudsman, Chairman of the Accounting Chamber»; «Officials, in Articles 368, 3685, 369 and 382 of this Code are: 1) the President of Ukraine, … People’s Deputies of Ukraine, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, the Presidential Commissioner for Children’s Rights, the Presidential Commissioner for the Rights of Persons with Disabilities, the CMU Business Ombudsman, Chairman of the Accounting Chamber, Advisers and Assistants to the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine». There is outlined that current legislation enshrines the «duality» of the legal status of a Civil Servant. It is expressed in existence of Public Servants as a subject of Public Law, and as a private person — a subject of Private Law relations outside the performance of statutory obligations and rights. Obviously, that this legal «duality» influences on the character of Public Relations which is a subject of basic research in public administration, legal deontology, administrative and criminal law.