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ANTI-CORRUPTION LEGISLATION

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Constitution of Ukraine

Articles of the Constitution of Ukraine that serve as the foundation for the development of anti-corruption policy and legislation in Ukraine:

  • Article 3: Defines that a person, his or her life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. This provision is the basis for combating corruption, since corruption poses a threat to the rights and freedoms of citizens.

  • Article 6: Establishes the principle of separation of state power into legislative, executive, and judicial branches. This is a key mechanism for preventing abuse of power and corruption schemes.

  • Article 8: Enshrines the principle of the rule of law and establishes that the Constitution of Ukraine has the highest legal force, and that laws and other regulatory legal acts are adopted on its basis. This ensures legality in the field of combating corruption.

  • Article 19: Defines that the legal order in Ukraine is based on the principle that no one can be forced to do what is not provided for by law. State authorities and local self-government bodies, as well as their officials, are obliged to act only on the basis of, within the limits of authority, and in the manner provided for by the Constitution and the laws of Ukraine.

  • Article 67: Establishes the duty of everyone to pay taxes and fees, as well as to submit declarations of their property status. This creates the basis for financial control and prevention of illicit enrichment.

  • Article 92: Determines that only by the laws of Ukraine are established the organization and procedure of activity of bodies that carry out prevention and counteraction to corruption. This is the legal basis for the creation of such bodies as the NACP, NABU, and SAPO.

  • Article 106: Enshrines the powers of the President of Ukraine regarding the appointment and dismissal of officials, which is an important element of control and prevention of corruption at the highest level.

  • Article 116: Establishes the powers of the Cabinet of Ministers of Ukraine, in particular regarding the implementation of state policy in the field of preventing corruption.

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Criminal Code of Ukraine

Articles of the Criminal Code of Ukraine that establish liability for corruption offenses are divided into two main groups:

Directly corruption-related crimes:

  • Article 364: Abuse of power or official position.

  • Article 365-2: Abuse of authority by persons providing public services.

  • Article 368: Acceptance of an offer, promise, or receipt of unlawful benefit by an official.

  • Article 368-2: Illicit enrichment.

  • Article 368-3: Bribery of an official of a legal entity under private law, regardless of its organizational-legal form.

  • Article 368-4: Bribery of a person providing public services.

  • Article 369: Offer, promise, or provision of unlawful benefit to an official.

  • Article 369-2: Abuse of influence.

 

Crimes that may be corruption-related if committed through the use of official position:

  • Article 191: Misappropriation, embezzlement of property, or taking possession of it through abuse of official position.

  • Article 210: Misuse of budget funds, budget expenditures, or granting of budget loans without established budget allocations or in violation of the law.

  • Article 262: Theft, misappropriation, extortion of firearms, ammunition, explosives, or radioactive materials, or taking possession of them through fraud or abuse of official position.

  • Article 308: Theft, misappropriation, extortion of narcotic drugs, psychotropic substances, or their analogs, or taking possession of them through fraud or abuse of official position.

  • Article 312: Theft, misappropriation, extortion of precursors, or taking possession of them through fraud or abuse of official position.

  • Article 313: Theft, misappropriation, extortion of equipment intended for the production of narcotic drugs, psychotropic substances, or their analogs, or taking possession of it through fraud or abuse of official position.

  • Article 320: Violation of established rules for the circulation of narcotic drugs, psychotropic substances, their analogs, or precursors.

  • Article 354: Bribery of an employee of an enterprise, institution, or organization.

  • Article 357: Theft, misappropriation, extortion of documents, stamps, seals, taking possession of them through fraud or abuse of official position, or their damage.

  • Article 410: Theft, misappropriation, extortion by a serviceman of weapons, ammunition, explosives, or other combat substances, means of transport, military and special equipment, or other military property, as well as taking possession of them through fraud or abuse of official position.

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