Problem

Numerous academic, practical, and analytical studies and reports, as well as official statistics of pretrial investigations and court proceedings involving corruption and corruption-related criminal offenses prompt the conclusion that there is a problem that the legislation in this field is currently unbalanced, contains terminological inconsistencies, conflicts and manifestations of unjustified competition between the norms.
In particular, anticorruption experts have identified the following problems:
the list of criminal offenses contained in the note to Article 45 of the Criminal Code of Ukraine contains references to certain criminal offenses that are not corruption-related, and vice versa – it does not provide references to criminal offenses that contain signs of corruption.
The consequence of this is that in some cases, the perpetrators of corruption and corruption-related criminal offenses will not face special legal consequences – the impossibility of exemption from criminal liability, the impossibility of exemption from serving a sentence with probation, its mitigation, etc., and in other cases, on the contrary, for committing acts that are not corrupt, individuals will be subjected to excessive legal restrictions, which negatively affects the inevitability of criminal liability for corruption in general;
the wording of the elements of crimes of corruption and corruption-related offenses should be aligned with the wording of international conventions;
certain provisions concerning the consequences of crimes of corruption and corruption-related criminal offenses are contradictory and cannot be interpreted unambiguously;
the lack of up-to-date summaries of court practice of the Supreme Court and the High Anticorruption Court relating to corruption and corruption-related criminal offenses, as well as publicly available summaries of investigative practice.