List of corruption offenses and offenses related to corruption

List of corruption offenses and offenses related to corruption, for which the law establishes a  criminal / administrative / disciplinary responsibility, determination of jurisdiction of criminal offenses

The list of corruption offenses for which it is provided criminal liability

In accordance with the footnote to article 45 of the Criminal Code of Ukraine, corruption crimes, if committed by abuse of official position, according to this Code are crimes provided for:

• · Article 191 (misappropriation, embezzlement or seizure of property by abuse of official position)

• · Article 262 (theft, embezzlement, extortion of firearms, ammunition, explosives or radioactive materials, or their acquisition by fraud or abuse of office)

• · Article 308 (abduction, misappropriation, extortion of narcotic drugs, psychotropic substances or their analogues, or their seizure by fraud or abuse of office)
article 312 (kidnapping, misappropriation, extortion or taking possession of precursors by fraud or abuse of official position)

• · Article 313 (theft, misappropriation, extortion of equipment intended for the manufacture of narcotic drugs, psychotropic substances or their analogues, or their seizure by fraud or abuse of office and other illegal actions with such equipment)

• · Article 320 (violation of the established rules for the circulation of narcotic drugs, psychotropic substances, their analogues or precursors)

• · Article 357 (theft, misappropriation, extortion of documents, stamps, seals, taking possession of them by fraud or abuse of office or damage to them)

article 410 (theft, appropriation, extortion by servicemen of weapons, ammunition, explosives or other military substances, vehicles, military and special equipment or other military equipment, as well as their seizure by fraud or abuse of office).
According to the note to article 45 of the Criminal Code of Ukraine, corruption crimes, in accordance with this Code, are considered crimes provided for:

• · article 210 (misuse of budgetary funds, implementation budget expenditures or the provision of loans from the budget without established budget allocations or with their excess)

• · article 354 (bribery of an employee in an enterprise, institution or organization

• · article 364 (abuse of power or official position)

• · article 364-1 (abuse of authority by an official of a legal entity of private law, regardless of the organizational and legal form);

• · article 365-2 (abuse of authority by persons providing public services);

• · article 366-1 (declaration of false information);

• · article 368 (acceptance of an offer, promise or receipt of improper benefit by an official)

• · article З68-3 (bribery of an official of a legal entity of private law, regardless of the organizational and legal form);

• · article 368-4 (bribery of a person who provides public services);

• · article 368-5 (illicit enrichment)

• · article 369 (Offering, Promising or Providing an Inappropriate Vigodi-: Official)
article 369-2 (abuse of influence).

According to Art. 216 of the Criminal Procedure Code of Ukraine established the following jurisdiction for pre-trial investigation of corruption criminal offenses:

1. National Police of Ukraine - on crimes provided for by Articles 262, 308, 312, 313, 320, 357, 364-1, 365-2, З68-3, 368-4 of the Criminal Code of Ukraine;

2. National Anti-Corruption Bureau of Ukraine - on crimes provided for in Articles 191, 210, 354 (against employees of legal entities of public law), 364, 368, 368-2, 369, 369-2, 410 of the Criminal Code) of Ukraine, taking into account the conditions specified part 5 of article 216 of the Criminal Procedure Code of Ukraine.

List of offenses related to corruption, for the commission of which provides for administrative responsibility

In accordance with Chapter 13-A "Administrative Offenses Related to Corruption" of the Code of Administrative Offenses of Ukraine, administrative responsibility is provided for:

• · violation of restrictions on combination and combination with other types of activities (Article 172-4);

• · violation of statutory restrictions on the receipt of gifts (Article 172-5);

• · violation of financial control requirements (Article 172-6);

• · violation of requirements for the prevention and settlement of conflicts of interest (Article 172-7);

• · illegal use of information that has become known to a person in connection with the exercise of official powers (Article 172-8);

• · failure to take measures to combat corruption (Article 172-9);

• · violation of the prohibition on placing bets on sports related to the manipulation of an official sports competition (Article 172-9-1)

• · violation of legislation in the field of environmental impact assessment (article 172-9-2)
failure to comply with the legal requirements (orders) of the National Agency for the Prevention of Corruption (Article 188-46).

According to Article 255 of the Code of Ukraine on Administrative Offenses in cases of administrative offenses considered by the bodies specified in Articles 218-221 of this Code, the protocols on offenses provided for by Articles 172-4-172-9, 172-9-2 have the right to be drawn up by authorized then officials of the National Police of Ukraine, the National Agency for the Prevention of Corruption, the prosecutor (separately his article 172-9-1), the bodies of the Security Service of Ukraine (172-4-172-9), authorized officials of the National Agency for Prevention corruption (Art. 188-46).

List of offenses related to corruption, for the commission of which may be brought to disciplinary responsibility (not exclusive)

• · Rejection of the anti-corruption program, failure to submit the anti-corruption program to the National Agency for approval (Article 19 of the Law).

• · Restrictions on the use of official powers or one's position (Article 22 of the Law).
Restrictions and prevention of receiving a gift, improper benefit and handling them (Articles 23-24 of the Law).

• · Restrictions on combining and combining with other types of activity (Article 25 of the Law).

• · Restrictions after the termination of activities related to the performance of functions of the state, local self-government (Article 26 of the Law).

• · Restriction of joint work of close persons (article 27 of the Law).

• · Prevention and settlement of conflicts of interest (Article 28 - 34 of the Law).

• · Violation of the rules of ethical behavior (Articles 38-44 of the Law).

Failure to comply with the requirements of Article 53 of the Law:

1. publicizing information about the accuser;

2. lack of conditions for reporting a violation of the requirements of the Law by another person, including through special telephone lines, official websites, electronic communications;

3. failure to comply with the requirements for considering an anonymous message;

4. lack of immediate response in the form of a written message on the commission of a corrupt or corruption-related offense by a specially authorized entity in the field of combating corruption.

Failure to comply with the requirements for organizing a special inspection (Articles 56-58 of the Law).

Non-application by a court of a person who has committed a corruption offense or an offense related to corruption, punishment or non-imposition of a penalty on it in the form of deprivation of the right to hold certain positions or engage in certain activities related to the performance of functions of the state or local self-government, or such that is equivalent to this activity (Part 2 of Article 65 of the Law).

Failure to conduct an official investigation against a person who has committed a corruption or corruption-related offense (part 3 of Article 65 of the Law).

Failure to comply with the requirements for illegal acts and transactions (Article 67 of the Law).