CONCEPTS AND SIGNS OF CORRUPTION CRIMINAL OFFENSE

The article provides a theoretical and legal analysis of the provisions of the criminal legislation, which regulates corruption criminal offenses. Various scientific approaches to the formulation of the concept of corruption criminal offense and the expediency of its construction and implementation in the legislation as a whole are studied. The position of scientists who believe that the lack of a separate definition of a corruption criminal offense is not a miscalculation of the lawmaker, but an advantage of domestic legislation compared to the experience of foreign countries, where separate sections of the criminal law are devoted to corruption criminal offenses, and in some cases special laws have been adopted, are subject to criticism. Particular features of the genesis of corruption in Ukraine and its influence on the process of state formation are studied. In addition, an analysis of the characteristic features of the corruption criminal offense is carried out, which are conditionally divided into typical (social danger, punishment, illegality and guilt) and individual (encroachment on the authority and normal functioning of the state, state power structures, enterprises, institutions and organizations; specifics of the sub- objects; vested interest, interest, etc.). Attention is focused on the presence of a significant problem — the absence of a constructed definition of the corruption criminal offense in the domestic criminal legislation. An analysis of the provisions of Art. 45 of the Criminal Code of Ukraine, in particular the notes to this rule, where the list of corruption criminal offenses is fixed. The expediency of including other articles of the Special Part of the Criminal Code of Ukraine in this list is highlighted and substantiated. Attention is drawn to the pluralism of positions and the debatable nature of such categories as the subject of a corruption criminal offense, the criminal liability provided by law for committing the specified acts, the institution of exemption from criminal liability and exemption from punishment and its serving.