Criminal liability for obtaining undue advantage by officials at the state border of Ukraine

Abstract

Acceptance of an offer, promise or receipt of an unlawful benefit by an official (Article 368 of the Criminal Code of Ukraine) is one of the most common criminal offenses in the field of official activity and professional activities related to the provision of public services. This is especially true for the receipt of unlawful benefit by officials at the State Border of Ukraine. Obtaining an undue advantage is the acceptance by an official of an undue advantage for himself or herself or a third party for performing or failing to perform any action in the interests of the person providing the undue advantage or in the interests of a third party using the power vested in him or her, the organizational, administrative or administrative and economic functions assigned to him or her, or those that he or she was not authorized to perform, but which other officials could have taken measures to prevent due to his or her official position. It provides for the receipt of an undue advantage in any form, since liability for obtaining an undue advantage arises only if the official received it for performing or failing to perform any action in the interests of the person providing such an undue advantage or a third party using the power or official position vested in him/her. Methods of committing corruption criminal offenses by officials of the State Border Guard Service of Ukraine, namely, obtaining an unlawful benefit: Obtaining an undue benefit by members of border patrols directly performing tasks on the protection of the state border of Ukraine for failure to take measures to control compliance with the state border and border regime; Abuse by officials of their powers to establish border regime measures and control their compliance with corruption criminal offenses; Abuse by authorized officials during verification of compliance by foreigners and stateless persons with the conditions for crossing the state border when entering Ukraine, leaving Ukraine and transiting through the territory of Ukraine; Receipt of undue advantage by an official of the State Border Guard Service for granting permission for the illegal export of a child; Receipt of unlawful benefits by border guards at checkpoints (control points) during the verification of the existence of a contract of compulsory insurance of civil liability of owners of land vehicles crossing the state border of Ukraine; Receipt of undue advantage by authorized officials of the State Border Guard Service for granting advantages in crossing the state border to persons, vehicles and cargo, as well as non-prosecution for failure to comply with regime measures at the checkpoint.