Zhelik M. Acceptance of a proposal, a promise or reception of an unlawful benefit: a criminal-legal characteristic

The dissertation is a study which is devoted to the criminal-law characteristics of acceptance of a proposal, a promise or reception of an unlawful benefit. As a result of the work done, certain scientific and theoretical results have been obtained, which were important not only for science, but also for the activity of law enforcement authorities, as well as for improving the principals of the current criminal legislation of Ukraine in this part. In the course of the study, a legal analysis of the crime components consisting in acceptance of a proposal, a promise or reception of an unlawful benefit has been carried out. The peculiarities of qualification, punishment and sentencing for committing the analysed corruption crimes have been analysed. The signs of the objective side of the crime components, which consist in accepting a proposal, a promise or obtaining an unlawful benefit, have been carefully analysed, and the recommendations for their concrete interpretation and use in the Criminal Code of Ukraine have been proposed. It is revealed that according to the provisions of the Criminal Code of Ukraine, the courts have no right to apply, on a general basis, to persons who committed corruption crimes, which consist in accepting a proposal, a promise or gaining an unlawful benefit, an institution for exemption from criminal liability, and also exemption from punishment or his serving, except in cases stipulated by art. 49, 80, 83, 84, 86, 87 of the Criminal Code of Ukraine.