Social conditionality of criminalization of acceptance of an offer, promise or receipt of illegal benefit by an official person
Authors: Shershak-Hukova A. 
Published: August 2022

For a long time, corruption has remained one of Ukraine's biggest and most pressing problems and has been a topic of constant debate and debate for both the Ukrainian and international communities.Bribery, or the new version of the concept of "illegal gain" can be unequivocally attributed to the oldest forms of corruption, the origins of which are the traditions of giving material goods, which are intended to encourage action or inaction, providing a certain type of service or refusal to provide such services, which were formed in ancient times.To outline the main directions of overcoming corruption, our state has ratified a number of international legal acts and received recommendations from international organizations (Group of States against Corruption (GRECO), Organization for Economic Co-operation and Development (OECD, etc.). criminal liability for a special entity, as well as the establishment of criminal liability not only for obtaining illegal benefits, but also for accepting his proposal or promise, which is considered complete at the beginning of a socially dangerous act.The situation with the perception of corruption in Ukraine has significantly deteriorated. According to the Corruption Perceptions Index (CPI) published in 2021, Ukraine has downgraded from 33 to 32 points over the year. The index is rated from 0 (very high level of corruption) to 100 (extremely low level of corruption). It is published annually by the international anti-corruption organization Transparency International (TI).Thus, Ukraine took 122nd place in the ranking for 2021, which it shared with the African Esvatini (Swaziland). It should be noted that last year our country ranked 117th in the ranking, which represents 180 countries. [1].St. 368 of the current Criminal Code of Ukraine (hereinafter - the Criminal Code), at the time of its adoption, included liability for "bribery", and now - for "accepting an offer, promise or receiving an improper benefit by an official", is one of the articles in Chapter XVIII of the Special part of the Criminal Code of Ukraine, which has been repeatedly presented in different editions. On the example of this article of the Criminal Code of Ukraine, it is clear that the situation with the update of anti-corruption legislation is not yet based on such components of quality lawmaking as scientific knowledge, legal culture and legislative technique.Preventing and combating corruption is one of the most pressing issues in the process of reforming Ukraine. Undoubtedly, corruption is a negative phenomenon that requires strengthening the role of the state in combating it.The imperfection of the legal framework, which makes it possible to feel impunity, leads to the fact that at various levels of officials who are obliged to ensure compliance with the law - often personally commit criminal offenses, thus leveling the legislation of Ukraine. The dynamic development of the above offenses is steadily increasing.Significant damage to the organization and activities of the state apparatus is caused by the corrupt attitude of an official to the performance of his official duties. Being endowed with a significant amount of rights and functions, often disposing of significant material values, benefits and powers, officials by their abuse cause not only significant material but also moral damage, which is manifested in the discrediting of the state apparatus.At present, material values in our society have become more important and significant than moral ones.In this article it is offered to consider necessity of criminalization of acceptance of the offer, promise or reception of illegal benefit by the official, «social conditionality of criminalization of acceptance of the offer, promise or reception of illegal benefit by the official, the analysis of degree of public danger effective mechanisms proposed and created by the state, which are aimed at preventing the commission of corruption offenses in Ukraine.The purpose of the article is to summarize the results of research on the existence of reasonable social preconditions and legal grounds for criminalization of a criminal offense - acceptance of an offer, promise or illegal benefit of an official and formulation of personal, author's position on the expediency of criminal law. St. 368 of the Criminal Code of Ukraine - acceptance of an offer, promise or receipt of illegal benefit by an official.