Неправомірна вигода в антикорупційному законодавстві: проблеми правового регулювання

Abstract

The types and meaning of the main methods of preventing corruption are examined in the article. Administrative methods of combating corruption are identified among them. They are divided into two groups: rule-making (adoption of relevant law); law enforcement (application of law). The importance of proper legislative regulation in liquidating corruption is outlined. The formation of anti-corruption legislation, which has been going on for a long time, is revealed and it is noted that to date anti-corruption legislation has undergone a significant transformation and changed its purpose that is “prevention” instead of “struggle”. Emphasis is placed on innovations and reforms contained in the updated anti-corruption legislation. The provisions of statutary acts, which enshrine illegal benefit, are given. For carrying out a detailed analysis, the scholars’ positions on the current legislation on the definition of “illegal benefit” were analyzed. It revealed differences in existing approaches to the essential features of this phenomenon. The concept and features of a gift are analyzed in order to distinguish it from the illegal benefit and identify the main reasons for this. The importance of clear regulation of illegal benefit and gifts in order to avoid incorrect classification of violated anti-corruption legislation was emphasized. After analyzing the essence of “illegal benefit” and “gift”, it was found out that common to the subject of gift and illegal benefit was to receive both materially defined and things that do not have a monetary equivalent and material reflection. A sign that allows to distinguish a gift from an illegal benefit is the sign “without any legal grounds” for receiving an illegal benefit and “gratuitousness and receipt/gift at a price below the minimum market”. It is the last part of the component definition of a gift that testifies to the value characteristics of a gift. It is noted that taking into account the fact that since the difference between a gift and an illegal benefit is unclear, it may lead to incorrect classification of violated anti-corruption legislation. Key words: illegal benefit, gift, anti-corruption legislation, corruption offense, corruption-related offenses, criminal liability, administrative liability.