Terminology of acceptance of offer, promise or receipt of unlawful benefit by officials while crossing the State Border

Abstract

Article 33 of the Constitution of Ukraine guarantees everyone who is legally on the territory of Ukraine freedom of movement, free choice of residence, and the right to leave the territory of Ukraine, except for restrictions established by law. However, since the introduction of martial law in Ukraine, men between the ages of 18 and 60 have been banned from crossing the border. The legal framework, the procedure for border control, and the conditions for crossing the state border of Ukraine are defined by the Law of Ukraine “On Border Control”. Illegal crossing of the border of Ukraine is subject to administrative and criminal liability: Administrative — Article 204-1 of the Code of Administrative Offenses (illegal crossing or attempt to illegally cross the state border of Ukraine); Criminal — Article 332 of the Criminal Code (illegal transportation of persons across the state border of Ukraine), Article 335 of the Criminal Code (evasion of conscription for regular military service, military service by conscription of officers), Article 336 of the Criminal Code (evasion of conscription for military service during mobilization, for a special period, for military service by conscription of persons from among reservists during a special period), Article 358 of the Criminal Code (forgery of documents, seals, stamps and forms, sale or use of forged documents, seals, stamps), Article 368 of the Criminal Code (acceptance of an offer, promise or receipt of an undue benefit by an official), Article 369 of the Criminal Code (offer, promise or provision of an undue benefit to an official). Let’s focus on Article 368 of the Criminal Code of Ukraine, which is among the most popular and high-profile corruption offenses, and the subject of “undue advantage” itself is one of the most problematic in terms of understanding in terms of proof. Given the task of optimizing the system of preventing and combating corruption, ensuring its efficient and effective functioning in accordance with the specifics of the powers exercised by the SBGS, the functions of the SBGS bodies at all levels include a complete, objective and comprehensive establishment of the causes and conditions that contributed to the commission of corruption or corruption-related offenses by the SBGS personnel, as well as the study of circumstances that may become prerequisites for their commission. Also, to ensure the integrity of the State Border Guard Service personnel, to form intolerance to corruption among the personnel, to raise the level of legal awareness.