ВИКЛАДАЧ ЯК СУБ’ЄКТ КОРУПЦІЙНИХ ЗЛОЧИНІВ

Abstract

The article is devoted to the issue of determining whether a teacher is recognized as an official and, accordingly, a subject of a corruption offense under Article 368 of the Criminal Code of Ukraine when conducting control measures with regard to students, and also what criminal law assessment should be given to the corrupt behavior of a teacher that consists in obtaining an unlawful benefit if a negative answer to this question is received. Achieving the relevant research result is the purpose of this article. It is argued that such behavior by a teacher should be qualified under the relevant part of Article 354 of the Criminal Code of Ukraine “Bribery of an employee of an enterprise, institution, or organization”. It is determined that the meaning of organizational and administrative functions is a feature of the criminal law concept of an official. It is proven that when recognizing a person as an official, such a criterion as the authority to perform legally significant actions in the course of his or her official duties that give rise to the emergence, change, or termination of legal relations should not be taken into consideration. This provision is further specified for the needs of the educational sector. It is noted that the approach according to which persons engaged in professional activities in the provision of public services should also be recognized as persons providing educational services is controversial. It is shown that the draft of the new Criminal Code of Ukraine still contains uncertainty about the criminal legal status of a teacher, and therefore the document needs to be revised in this aspect.