On current theoretical and applied problems related to preventing and counteracting the unlawful acceptance of an offer, promise or receipt of an unlawful benefit by an official in conditions of martial law

Abstract

This scientific article, based on the results of the analysis of criminal proceedings related to the acceptance of an offer, promise or receipt of an unlawful benefit by an official in conditions of martial law in Ukraine (2022-2024), specific practical problems have been identified that identifies the problems arising in law enforcement activities, and proves the need to intensify scientific research on this issue in this regard.

In particular, it has been established that, despite the measures of criminal law, preventive, law enforcement and other nature that have recently been adopted in our country, including those related to its ratification of the Criminal Convention on Combating Corruption, the current state of counteraction to the specified socially dangerous phenomenon does not meet the requirements of the sustainable development of Ukraine, as well as its European integration and North Atlantic intentions, thus acting as one of the obstacles to our country's accession to the European Union and NATO. At the same time, in conditions when scientific research in the indicated areas has been intensified, scientists still ignore relevant theoretical and applied problems related to criminal and punitive activities related to the acceptance of an offer, promise or receipt of an improper benefit by an official.

Based on this, the need has been proven at all levels (legislative, law enforcement, law enforcement, etc.) to increase the effectiveness of the activities of relevant entities, as well as to provide high-quality doctrinal support on this issue.

In this sense, attention is focused on such problematic issues that should become the subject of scientific research, as: distinguishing the specified elements of the criminal offense from related ones; specifying the concept of "unlawful benefit"; assessing the admissibility of evidence obtained in this connection, etc.