CRIMINAL OFFENCES RELATED TO CORRUPTION: ANALYSIS OF JUDICIAL PRACTICE

Abstract

Іn the article analyzes the practice of applying articles of criminal liability for declaring false information and failure to submit a declaration by a person authorized to perform state or local government functions. It has been established that criminal offenses related to corruption are quite widespread socially dangerous acts that violate the legally established procedure for declaring persons authorized to perform state or local government functions, which is aimed at ensuring their integrity through transparency of activities and preventing abuses in the field of state power and local government.The analysis of court decisions on the application of articles on liability for criminal offenses related to corruption made it possible to find out objective and subjective signs of the studied components of criminal offenses. For the criminal legal qualification of act under Article 366-2 of the Criminal Code of Ukraine, a mandatory condition is establish the fact that the subject of the declaration entered information into the declaration provided for by the Law of Ukraine «On Prevention of Corruption», as well as the fact that such information are deliberately unreliable for the person of the declaration. Also, for the qualification of acts provided for in Art. Art. 366-2, 366-3 of the Criminal Code of Ukraine, a mandatory condition is establish the fact that the person of the declaration entered deliberately unreliable information into the declaration, and the failure to submit the declaration, was committed with direct intent. Despite the fact that the motive and purpose are not mandatory signs of the analyzed components of criminal offenses, but establishing the content of these signs is important for correct qualification. The find out of the purpose of entering knowingly false information or failure to submit a declaration of a person authorized to perform state or local government functions indicates the subject’s desire to hide unfounded assets and sources of their origin.