Kovalova I. The criminal and law characteristic of bribing an employee of an enterprise, institution or organization

The dissertation research on its nature and content of the issues considered is one of the first attempts in Ukraine to implement the criminal and legal characteristic of bribing an employee of an enterprise, institution or organization at the level of a monography. The dissertation research outlines the methodology of investigating the criminal and legal characteristics of the bribing of an employee of an enterprise or organization, it is studied the social and legal grounds for establishing criminal responsibility for this act, analyzed the historical sources of law as a part of the criminal and law counteraction to corruption in general and corruption in the private sphere in particular. It is studied international legal concepts of counteraction to corruption in the private sphere, which are enshrined in the international legal acts signed and ratified by Ukraine. It is given detailed description of the object and subject of bribery of an employee of the enterprise, institution or organization, objective and subjective parties of this crime, as well as its subject. It is analyzed material and legal as well as procedural and legal factors of bribing qualification of an employee of an enterprise, institution or organization. The author describes some types of exemptions from criminal liability that can be applied to persons who committed this corruption crime. In particular, it is analyzed the possibility of applying general types of exemption from criminal liability for its commission and a special type of exemption from criminal liability, provided by Part 5 of Art. 354 of the Criminal Code of Ukraine.