Law of Ukraine

“On Amendments to Certain Legislative Acts of Ukraine to Harmonize the National Legislation with the Standards of the Criminal Law Convention on Corruption”

Date of entry into force:
May 18, 2013

The Law excludes Articles 172-2 and 172-3 from the Code of Ukraine on Administrative Offences, which establish administrative liability for, respectively:
  • violation of restrictions related to the abuse of office;
  • offering or providing improper advantages.

The Law presents new versions of Articles 354, 368 and 369 of the Criminal Code of Ukraine, which establish criminal liability for, respectively:
  • bribing an employee of a state enterprise, institution or organization (former version – “receipt of improper advantage by an employee of a state enterprise, institution or organization”);
  • accepting an offer or promise, or receiving an improper advantage by an official (former version – “accepting a bribe”);
  • offering or providing an improper advantage to an official (former version – “offering or providing a bribe”).

The Law amends Articles 364-1, 368-2, 368-3, 368-4, 369-2 and 370 of the Criminal Code of Ukraine, clarifying the conditions of bringing to criminal liability for:
  • abuse of office by an official of a legal entity of private law, irrespective of the form of legal ownership;
  • unlawful enrichment;
  • bribery (new version – “commercial bribery”) of an official of a legal entity of private law, irrespective of the form of legal ownership;
  • briery of a person providing public services;
  • abuse of influence;
  • provocation of bribery (former version – “provocation of a bribe or commercial bribery”).

According to the Law, persons with unexpunged convictions for theft, receipt of improper advantages (former version – “bribe-taking”) and other acquisitive offences, cannot hold managing positions and positions related to material responsibility in business associations (amendments to part 3, Article 23 of the Law of Ukraine “On Business Associations”).

According to the amendments to Article 1 of the Law of Ukraine “On Grounds of Corruption Prevention and Counteraction”, an inappropriate advantage means funds or other property, advantages, privileges, services, or intangible assets promised, offered, provided or received without lawful grounds.

The Law also introduces appropriate amendments to Article 7 of the Law of Ukraine “On the Fundamentals of National Security of Ukraine”, Article 4 of the Law of Ukraine “On Grounds of Corruption Prevention and Counteraction”, and Article 4 of the Law of Ukraine “On the Use of Amnesty in Ukraine”.
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