THE CRIMINAL-LEGAL ASPECT OF DISTINGUISHING THE ACCEPTANCE OF AN OFFER, A PROMISE AND RECEIVING AN UNLAWFUL BENEFIT BY AN OFFICIAL PERSON

Abstract

The article is devoted to the criminal law aspects of the distinction between acceptance of an offer, promise and receipt of an illegal benefit by an official. The author, researching this topic, analyzes the legal context in which the mentioned concepts are applied and studies the relevant legislative acts, as well as doctrinal approaches to understanding the criteria for distinguishing different forms of the objective side of the criminal offense provided for in Article 368 of the Criminal Code of Ukraine.

The article pays special attention to highlighting the key aspects of the distinction between acceptance of an offer and acceptance of a promise of an unlawful demand, which are separate forms of the objective side of the criminal offense provided for in Article 368 of the Criminal Code of Ukraine. The author proved that the objective side of the investigated criminal offense can be expressed both in the form of illegal action and illegal inaction.

The article researches each of the defined forms of the objective side of accepting an offer, promise, or receiving an illegal benefit by an official for legal analysis of the provisions of the Criminal Code of Ukraine.

The author draws attention to the fact that the key criterion for distinguishing between the receipt of an offer and the receipt of a promise of undue benefit is that the acceptance of an offer refers to the agreement to the terms of the agreement, while the acceptance of the promise of undue benefit indicates the receipt and use of an improperly obtained benefit.

It is argued that, in contrast to receiving a promise or offer of an unlawful benefit, the actual receipt of an unlawful benefit consists in the fact that the act of obtaining a benefit or benefit by a person to his address or to the address of a third person has actually taken place, that is, it has been completed.

It has been proven that receiving an offer of undue benefit is expressed in the fact that a person agrees, actively or passively, to an offer to receive an undue benefit.