Ovod K. Criminal and Legal Characteristics of Bribing an Employee of an Enterprise, Institution or Organization (the Art. 354 of the Criminal Code of Ukraine)

The thesis is focused on the comprehensive scientific analysis of bribing an employee of an enterprise, institution or organization (the Art. 354 of the Criminal Code of Ukraine). As the result the author has elaborated scientifically grounded propositions and recommendations on improving legislative regulation of the criminal liability for this crime. Arguments for consideration of illegal benefit not only as a subject of bribery, but also as a mean of committing a crime, have been provided. The author has provided the definition of the direct object of the crime under the Art. 354 of the Criminal Code of Ukraine, has characterized the objective and the subjective sides of the corpus delicti, has formulated the definition of "extortion of illegal benefit", special subject of this crime. Based on the generalization and analysis of the domestic legislation and foreign countries' legislation, as well as other results of the research the author has formulated own revised edition of the art. 354 of the Criminal Code of Ukraine.