Bribery is an illegal reward of a material nature, that is the subject of bribes has purely material nature. They can be an asset (money, tangible assets), the right to property (documents, granting the right to receive property, use of property or the right to demand fulfilment of obligations, etc.), any actions of property character (the transfer of property benefits, a waiver, a waiver of rights to property, free provision of services of property character, sanatorium or travel vouchers, carrying out construction or repair works, etc.).

Services, benefits and advantages, which do not have substantive content (a commendable feature of speech or the press, providing a prestigious job, an intimate relationship, etc.) can not admit a bribe subject. Getting the kind of services, benefits or advantages can be regarded as another (nekorekta) interest in the abuse of power or official position and if there are reasons to be qualified under article 364 of the Criminal code (abuse of official position).

Giving - receiving as a bribe of property, sale and purchase of which constitutes a separate crime (firearms, except for smooth-bore hunting), ammunition or explosives, bladed weapons, narcotics, precursors, poisonous or potent substances, etc.), is qualified by corresponding part of article 368 or article Зб9 and the relevant article of the criminal code, which provides for liability for the sale or purchase of these items (in particular articles 263, 307,321).

The objective side of the crime (posledstvia and the causal relationship between them) is receiving a bribe in any form.

Bribery means accepting by the official of illegal remuneration for the performance or non-performance in interests of the person who gives the bribe or in the interests of a third person of any action with the use of her power or official position.

A bribe may be given by the briber to the official personally or through an intermediary. Ways of giving, receiving bribes can be different and the qualifications for receiving a bribe is irrelevant, but they are closely connected with the subject of bribes.

Because of the variety of ways of giving, receiving bribes it is possible to allocate two basic forms: simple and veiled. Simple is the direct presentation of the subject of the bribe to the official person, her relatives or friends, passing it through an intermediary or third party. the Entity is a veiled form is that the fact of giving, receiving bribes disguised externally legitimate transaction th has the appearance of a legitimate operation: different payouts, bonus, repayment of debt, contracts of sale, loan, advice, expertise, etc. This compensation qualifies as bribery in the case, when it was given it was illegal (the payment of funds was baseless, things or property was sold at a price obviously lower than the real one, payments were unequal).

If it is established that the official has consented to the adoption of the subject bribe her relatives or friends or have been informed of all material values or services of a material nature to the said persons and took measures for their return, it should be recognized as a bribe. It should also be borne in mind that the crime under article 368, not only when the officer received a bribe for himself, but when it got it for close to him. it does not matter how has actually been used the bribe subject.

Responsibility for bribery occurs only if the officer received it for performance or non-performance in interests of the person who gives a bribe, or a third party of any actions using the given power or official position. It is important that it received illegal compensation for the performance or nonperformance of such actions that it could or should be run on the given power or organizational-administrative or administrative-economic duties, or at least not have the authority to take appropriate actions, but because of their official status could take measures to their actions by other officials. Receiving by the official of illegal remuneration from subordinate or by individuals for protection or connivance should also be regarded as bribery.

An official performing any action that does not use the opportunities of her position, and, for example, personal acquaintance and friendship, not service connection, etc., that in his actions there is no crime structure under article 368.

No part of the crime and in the case of receiving illegal remuneration in connection with the implementation of the opportunities arising from the post, and for the implementation of a purely professional functions (e.g., delivery of valuables or money to the doctor for the successful operation).

Receiving official gifts are not for certain actions, and to grovel, to establish with him a "good" relationship is not a criminal offense. Such actions, in case of committing by an official of state authorities or local governments, may be subject to the legislation on the fight against corruption.

Responsibility for bribery occurs regardless of whether fulfilled or not fulfilled due to officer was going or not she has to carry it out. Committed by the bribe-taker reward action may be legitimate (to enter within its competence, in the prescribed manner, etc.) and illegal. If committed by an official in connection with the bribery actions themselves are criminal (forgery, abuse of power or official position, etc.), the criminal conduct should be qualified on set of the crimes.

Responsibility for bribery occurs regardless of before or after making a conditional action has received a bribe.

Bribery is considered ended from the moment when the officer took at least part of the bribe. If the official performed certain actions aimed at receiving a bribe but had not received it for reasons that did not depend on his will that he has done should be qualified as attempt at bribe reception. Obtaining official of a bribe from a person who acts with the purpose of his revelations and was released from criminal liability on the grounds provided by law, is a completed crime and is qualified depending on the circumstances of the case at the relevant part of article 368 of the criminal code of Ukraine.

Third person in whose interests the guilty for a bribe needs to perform certain actions using the given power or official position - that any person (other than the briber) or a legal entity.

The subject of receiving a bribe can only be official. About the concept of officials, see the commentary to article 364 of the criminal code of Ukraine.

The subjective side (wine) receiving a bribe is characterized by direct intention and availability of a selfish motive.

The peculiarity of the subjective side of the crime is a close relationship between the intent of the bribe taker and the briber's intent. Content of intent first should be covered, among other things, the realization that the giver understands the essence of what is happening and aware of the fact of illegal obtaining by an official of rewards. If the person passing official of illegal remuneration for some reason or other, not aware that he gives the bribe (for example, in connection with the fraud or breach of trust), it cannot be held responsible for bribery and official for receiving a bribe.

The LAWYER - Article 368 of the criminal code of Ukraine. BRIBE.