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4. Liability for the violation of anticorruption rules

According to the Law of Ukraine "On the Fundamentals of Corruption Prevention and Counteraction", persons subject to liability for corruption offences who are guilty of corruption acts will face criminal, administrative, civil-law charges or a disciplinary action in compliance with the procedure stipulated by law.

Information about the persons brought to justice for corruptive offences is entered within 3 days from the date of entry into force of the relevant court judgment of the institution of civil proceedings, or of the imposition of disciplinary penalty in the Single State Register of the persons who committed corruptive offences to be made and maintained by the Ministry of Justice of Ukraine1.

4.1. Criminal offences and liability

The corruption offences for which criminal liability is imposed are listed in the section “Crimes in service activities and professional activities involving public services” and include:

4.1.1. Official misconducts in private law legal entities and crimes in the course of professional activities of rendering public services:
  • abuse of  office by an employee of a private law legal entity irrespective of organizational-legal form2;
  • exceeding of authority by an officer of a private law legal entity irrespective of organizational-legal form3;
  • abuse of authority by persons who render public services4;
  • commercial subornation of an officer of a private law legal entity irrespective of organizational-legal form5;
  • subornation of the person who renders public services6.

Persons who commit such crimes are officials of private-law legal entities, persons who render public services, as well as individuals who render them for unlawful benefits.

4.1.2. Crimes in the course of official duties:
  • abuse of power or official position7;
  • exceeding of powers or official powers8;
  • official forgery9;
  • official negligence10;
  • receiving a bribe11;
  • unlawful enrichment12;
  • abuse of influence13;
  • offering or giving a bribe14;
  • provocation of a bribe or of commercial subornation15.

Persons who commit such crimes are officials listed above in clause 2.2.1, as well as individuals who give bribes.

Types of punishment imposed for above crimes depend on gravity and scope of material damage and the type of crime. The penalties include:

  • fine;
  • restriction of freedom;
  • correctional labour;
  • deprivation of right to hold certain positions, engage in certain activities for up to 3 years;
  • confiscation of property;
  • imprisonment (maximum term for deprivation of freedom is up to 12 years for especially big amounts of bribes)
4.2. Administrative offences and liability

Corruption offences for which administrative liability is imposed include inter alia:

  • breach of limitations concerning use of official status16;
  • offering or providing an illegal benefit17;
  • breach of the limitations concerning plurality of offices and simultaneous engagement in other activities18;
  • breach of the statutory limitations concerning received gifts (donations)19;
  • breach of financial supervision requirements20;
  • breach of the requirements pertaining to notification on conflict of interests21;
  • unlawful use of the information learned by a person in the course of official responsibilities22;
  • failure to take measures to counteract corruption23.

Penalties for administrative corruption offences include:

  • Fines;
  • Confiscation of illegal income, gift, etc.
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1Article 21 of the Law of Ukraine "Оn the Fundamentals of Corruption Prevention and Counteraction".

2 Article 364-1 of the Criminal Code of Ukraine.

3 Article 365-1 of the Criminal Code of Ukraine.

4 Article 365-2 of the Criminal Code of Ukraine.

5 Article 368-3 of the Criminal Code of Ukraine.

6 Article 368-4 of the Criminal Code of Ukraine.

7 Article 364 of the Criminal Code of Ukraine.

8 Article 365 of the Criminal Code of Ukraine.

9 Article 366 of the Criminal Code of Ukraine.

10 Article 367 of the Criminal Code of Ukraine.

11 Article 368 of the Criminal Code of Ukraine.

12 Article 368-2 of the Criminal Code of Ukraine.

13 Article 369-2 of the Criminal Code of Ukraine.

14 Article 369 of the Criminal Code of Ukraine.

15 Article 370 of the Criminal Code of Ukraine.

16 Article 172-2 of the Ukrainian Administrative Infringements Code.

17 Article 172-3 of the Ukrainian Administrative Infringements Code.

18 Article 172-4 of the Ukrainian Administrative Infringements Code.

19 Article 172-5 of the Ukrainian Administrative Infringements Code.

20 Article 172-6 of the Ukrainian Administrative Infringements Code.

21 Article 172-7 of the Ukrainian Administrative Infringements Code.

22 Article 172-8 of the Ukrainian Administrative Infringements Code.

23 Article 172-9 of the Ukrainian Administrative Infringements Code.