ХАРАКТЕРИСТИКА ЮРИДИЧНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ОТРИМАННЯ ПРОПОЗИЦІЇ, ОБІЦЯНКИ АБО ОДЕРЖАННЯ НЕПРАВОМІРНОЇ ВИГОДИ ПЕРСОНАЛОМ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

Abstract

The nature of legal responsibility for accepting an offer, promise or obtaining an unlawful benefit by the staff of the State Criminal and Executive Service of Ukraine is analyzed in the article. The essence of the types of responsibility that can be applied to the staff of the State Criminal and Executive Service of Ukraine in case of committing a corruption offense or an offense related to corruption is disclosed. The analysis of the concept of “gift” and the difference in its nature, defined in anti-corruption law and civil law are provided in the article. An agreement that establishes giftee’s obligation to perform any actions of a property or non-property nature in favor of a giver is not a gift agreement. The same relates to donations, because, first of all, the provisions of the donation agreement apply to the gift agreement; on the other hand, a donor has the right to control the use of the donation in accordance with the purpose established by the donation agreement, which they are deprived of in the case of a donation within the meaning of anti-corruption legislation. Also, the procedure and conditions for bringing junior enlisted and command staff officers of the State Criminal and Executive Service of Ukraine to justice, have been revealed. The authors also draw attention to the cases when the junior enlisted and command staff officers of the SCES of Ukraine can accept gifts. It is provided that such gifts must meet the generally accepted notions of hospitality, if their value does not exceed the subsistence level for able-bodied persons, established on the day of acceptance of the gift once and the total value of such gifts received from one person (group of persons) during the year does not exceed two subsistence minimums established for an able-bodied person. The conclusions state that the grounds for legal responsibility are a set of circumstances, the presence of which makes legal responsibility possible and the difference between responsibility for corruption and corruption-related offenses is the severity of an offense. It is noted, firstly, that it is punishable not only to obtain unlawful benefits, but also to consent to its receipt, and secondly, that administrative responsibility can’t be used, while the law provides for all types of responsibility for offenses related to corruption. Key words: corruption offense; corruption-related offenses; legal responsibility; corruption.