Some aspects related to the modification of the objective side of the criminal offense associated with the acceptance of an offer or promise of an unlawful benefit under martial law in Ukraine

Abstract

This scientific article provides a theoretical analysis of the objective side of the criminal offense committed under martial law and associated with the acceptance of an offer or promise of an unlawful benefit, as well as identifying existing practical problems in this regard and developing scientifically sound ways to solve them. In particular, it has been established that so far the norms of the Criminal Code of Ukraine, which relate to countering criminal encroachments in the sphere of official activity and the provision of public services, despite the increased public danger and the creation of real threats to national security objects, do not enshrine such a qualifying characteristic as “committing such acts under martial law”, which reduces the level of effectiveness of the implementation in practice of the task of preventing criminal offenses enshrined in the Law on Criminal Responsibility. Moreover, such legislative “passivity” is also one of the determinants that contributes to the commission of recurrent manifestations of criminal acts related to the acceptance of an offer or promise of an unlawful benefit under martial law.

Based on the results of the analysis of doctrinal sources, law enforcement practice and approaches developed in the judicial system of Ukraine, this scientific article focuses on the need to increase the level of prevention of these types of criminal offenses, as well as strengthening criminal liability for their commission, including by supplementing the relevant articles of the Criminal Code with the qualifying feature “committing these acts under martial law”.