CORRUPTION CRIMINAL OFFENSES IN THE REAL ESTATE SECTOR

Abstract

This article sets out the aim of investigating the need to improve criminal legislation regarding the introduction of criminal liability for corruption offenses in the real estate sector. It also examines the provisions of the current criminal legislation regarding the legal problem by which the legislator actually equated a corruption minor crime to an intentional serious crime or a negligent especially serious crime, thereby violating the legislative paradigm. It is noted that such an approach somewhat complicates the possibility of improving criminal legislation regarding the introduction of criminal liability for corruption offenses in the real estate sector.

The results of the study of judicial practice on the imposition of punishment for corruption offenses are analyzed, which give grounds to argue that for such acts the court mostly imposes a fine, much less often - imprisonment for a certain period with its actual serving. As an additional punishment, deprivation of the right to hold certain positions (related to the provision of public services; in law enforcement agencies; in local government bodies; in institutions, organizations, enterprises regardless of the form of ownership and organizational and legal form; related to the performance of administrative, economic and organizational-managerial functions; leadership positions in military formations of the Armed Forces of Ukraine, etc.) and confiscation of property are used. A plea agreement is often concluded.Despite the insignificant amounts of illicit gain in some cases, courts do not close criminal proceedings due to their insignificance.

It is noted that the legislator has not defined clear signs of delimitation of corruption criminal offenses, and the list of those that exist is limited. Although, approving at the legislative level a list of specific criminal offenses as corruption significantly simplifies the activities of law enforcement agencies in carrying out criminal proceedings.