RELEASE FROM CRIMINAL LIABILITY FOR ACTIVE CORRUPTION BRIBERY DUE TO ACTIVE REMORSE

Abstract

The article, based on an analysis of legislation, provisions of doctrine and judicial practice, highlights the problems of release from criminal liability for active corruption bribery due to active remorse (Part 5 of Article 354 of the Criminal Code of Ukraine). It is found that the establishment by the domestic legislator of the possibility of such release corresponds to the international practice of combating corruption. The condition and components of the grounds for release from criminal liability under Part 5 of Article 354 of the Criminal Code are studied. Attention is focused on the unacceptability of the formal approach of the courts in establishing the composition of the analyzed type of release. It is proved that the courts should carefully investigate whether a person has indeed willingly, without coercion, reported what happened to the relevant government agency. The situations in which the voluntariness of such a report is excluded are analyzed. The importance of the courts’ investigation of the issue of the time of a person’s voluntary report is emphasized. It analyzes what actions of a person indicate his voluntary, active and proactive assistance in the disclosure of a crime. It is substantiated that in the event of the applicant committing a provocation of bribery under the control of officials, the statement of the voluntariness of his appeal is excluded. Ways of solving the identified law enforcement problems are proposed.