The relevance of the study of crimes related to obtaining the illegal benefit is that in this case, corruption contributes to the creation of the parallel management form,
which distorts the external manifestation of public and management functions in the sphere of the public administration and competitive relationships in the private sector.
The stated above threatens public interests as well as the rights and interests of individuals. The modern condition and tendencies of scientific research in the sphere
of corruption overcoming and prosecuting for accepting a proposal, promise, or obtaining the illegal benefit under the Criminal Law of Ukraine demonstrates the
gradual and increasingly active growth of the scientific interest in the problem. The modern science of criminal law in Ukraine is developing in its own rather
non-trivial and unique way because it reflects the best achievements of criminal law doctrines of democratic countries. However, at the same time, it retains the traditional
features and characteristics of the criminal law doctrine, which has been created for a long period in history, even though it was subjected to significant pressure of the
totalitarian regime of the Soviet period. The study suggests implementing a number of important practical means for addressing corruption into the national criminal legislation of Ukraine. They are as follows: the experience of Great Britain in terms of implementing the resistance and combating tools against corruption used within the UWO; expanding the boundaries of cooperation between law enforcement agencies and fiscal authorities in the field of corruption combating, taking into account the subject and the tool of the analyzed type of crime; Sweden’s experience in establishing an appropriate institution of the Ombudsman in the field of corruption, as well as a significant expansion of the
civil society institutions involved in the processes of detecting and combating corruption crimes. At the theoretical level, additional understanding of the subject of crime elements
related to accepting a proposal, promise, or obtaining the illegal benefit under the Criminal Law of Ukraine has been suggested for practical consolidation in
the legislation. It is also embodied in the management decision, which is regarded as the result of a certain official’s management activity.
A new criminal and legal grounding of elimination of a resolute element for choosing models of liability for crimes related to accepting a proposal, promise,
or obtaining an illegal benefit under the Criminal Law of Ukraine has been developed. The study has suggested consolidating the established sets of different types of primary
and secondary liability combinations, which will make it impossible to avoid and evade liability for committing crimes under Art. 368 of the Criminal Code of Ukraine and
Art. 3682 , 3683 , 3684 , 3685 of the Criminal Code of Ukraine. Approaches to the social conditionality of criminal liability for accepting a proposal, promise, or obtaining the illegal benefit under the Criminal Law of Ukraine have been improved. The obtaining of the illegal benefit is revealed through significant amounts of real damage caused by the corruption crimes under study. In addition, it is manifested through the creation of preconditions for decision-making by officials that do not meet the interests of the state, community, society, etc., as well as through negative consequences for a market economy distorting the private sector and the need to criminalize new types of criminal corruption activity. Theoretical and methodological definition of the object of crimes related to accepting a proposal, promise, or obtaining the illegal benefit under the Criminal Law of Ukraine, in particular, regarding the clarification of the structure and content of public relations on the state functions performance, public policy fulfillment, or
performance of official duties by a person empowered with monopoly possibilities to make decisions that are important for the interests, rights, and goals of third parties,
have been improved.
