CRIMINAL LAW PROTECTION OF PROFESSIONAL ACTIVITIES RELATED TO THE PROVISION OF PUBLIC SERVICES

Abstract

The purpose of this study is to conduct a comprehensive analysis of the criminal law protection of professional activities related to the provision of public services, to determine the object and subjects of such protection, to characterize the constituent elements of criminal offenses under Articles 365-2 and 368-4 of the Criminal Code of Ukraine, to identify the main shortcomings of the current legal regulation, and to formulate proposals for its improvement in accordance with contemporary anti-corruption standards. The research is based on a combination of general scientific and special legal methods. The dialectical method was used to examine the development of criminal law protection of public service activities. Formal legal and comparative legal methods were applied to analyze the provisions of the Criminal Code of Ukraine, anti-corruption legislation, and relevant international legal instruments. The systematic approach made it possible to determine the place of these criminal offenses within the system of criminal offenses in the sphere of official and professional activities, while the doctrinal and analytical methods were employed to examine scientific publications and judicial practice concerning the qualification of these offenses. The study establishes that professional activities related to the provision of public services constitute an independent object of criminal law protection due to their public significance and legal consequences. It is substantiated that Articles 365-2 and 368-4 of the Criminal Code of Ukraine form the core of criminal law protection in this field by criminalizing abuse of authority and bribery involving persons providing public services. Particular attention is paid to the absence of a statutory definition of the concept of "public services," the shortcomings of the casuistic approach to defining special subjects of criminal offenses, and the difficulties in distinguishing these offenses from related criminal acts and lawful professional activities. The research identifies practical problems associated with proving unlawful benefit, determining substantial harm, and ensuring consistent judicial interpretation. It is concluded that the current system of criminal law protection generally complies with international anti-corruption standards but still contains significant legislative gaps that adversely affect legal certainty and law enforcement. The study substantiates the necessity of introducing a legislative definition of "public services," replacing the exhaustive list of special subjects with a generalized functional definition, and clarifying the legal concept of unlawful benefit. These measures would contribute to greater consistency in judicial practice, improve the effectiveness of criminal law protection, and ensure better implementation of Ukraine’s international anti-corruption obligations.