Responsibility and Punishment for Corruption Offenses: Status and Prospects

Abstract

The article examines the state of combating corruption in recent years, a feature of which is Russian aggression against Ukraine, and therefore the issue of the existence of the state and the steps of the government aimed at ensuring national security is relevant. Corruption in Ukraine is the main internal factor that, according to citizens, threatens plans for its implementation. A number of problematic issues are highlighted, including shortcomings among the legislative, executive and judicial branches of government in their role in overcoming corruption crime, the presence of a crisis in law enforcement agencies and the political system as a whole.

The generally recognized concept of combating corruption, which involves the state, society and citizens, is not fully working in Ukraine. The state component, which includes the legislative, executive and judicial branches of government, is the most sluggish. Dozens of people's deputies have committed corruption-related criminal offenses. It is difficult to justify the Verkhovna Rada's vote on bills that first deprive the NABU and SAPO of their independence, and then formally restore it under the influence of street protests and warnings from EU bodies. The executive branch is in crisis, as shown by the changes in the Cabinet of Ministers and the lack of consolidation of law enforcement agencies on the anti-corruption policy. The lack of a unified position may lead to a loss of support from international partners and jeopardizes the start of the EU accession process. Courts issue sentences not related to imprisonment for persons who have committed corruption-related criminal offenses. To eliminate this problem, it is proposed to change para. 2 Part 2 of Article 75 of the Criminal Code:

- in criminal proceedings concerning corruption criminal offenses, criminal offenses related to corruption, the court shall decide on release from serving a sentence with probation in the event of approval of a plea agreement, if the parties to the agreement have agreed on release from serving a sentence in the form of imprisonment for a term of no more than five years or another milder punishment, and also agreed on release from serving a sentence with probation.