Article 368. Receiving a Bribe
1. The Receiving an official of a bribe in any form for the performance or non-performance of any action in the interest of the person offering the bribe, or in the interest of a third party, through the use of the authority or official position conferred upon them — shall be punishable by a fine ranging from five hundred to seven hundred and fifty non-taxable minimum incomes of citizens, or by corrective labour for a term of up to one year, or by arrest for a term of up to six months, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years.
2. Receiving a bribe in a significant amount — shall be punishable by a fine ranging from seven hundred and fifty to one thousand five hundred non-taxable minimum incomes of citizens, or by imprisonment for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years.
3. Receiving a bribe in a large amount, or by an official holding a responsible position, or by a group of persons acting in prior conspiracy, or committed repeatedly, or combined with extortion — shall be punishable by imprisonment for a term of five to ten years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years, and with confiscation of property.
4. Receiving a bribe in an especially large amount, or by an official holding a particularly responsible position — shall be punishable by imprisonment for a term of eight to twelve years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years, and with confiscation of property.
Note:
1. A bribe is considered significant if it is five or more times greater than the non-taxable minimum income of citizens; large if it is two hundred or more times greater; and especially large if it is five hundred or more times greater.
2. Officials holding responsible positions are persons listed in Note 1 to Article 364 of this Code, whose positions, in accordance with Article 25 of the Law of Ukraine "On Civil Service," fall into the third, fourth, fifth, and sixth categories, as well as judges, prosecutors, investigators, and heads or deputy heads of state authorities, local self-government bodies, their structural subdivisions and units. Officials holding particularly responsible positions are those defined in Part One of Article 9 of the Law of Ukraine "On Civil Service" and those whose positions are classified as belonging to the first and second categories under Article 25 of the same law.
3. A repeated offence under Article 368 of this Code is a criminal act committed by a person who has previously committed any offence provided for in this Article or Articles 368-3, 368-4, or 369 of this Code.
4. Extortion of a bribe shall be understood as the demand by an official for a bribe accompanied by a threat to perform or not to perform actions using their authority or official position that may harm the rights or lawful interests of the person offering the bribe, or the deliberate creation by the official of circumstances compelling the person to offer a bribe to prevent adverse consequences to their rights or lawful interests.
Article 368-2. Illegal Enrichment
1. The acquisition by an official of an undue advantage in a significant amount, or the transfer of such an advantage to close relatives in the absence of signs of bribery (illicit enrichment), shall be punishable by a fine ranging from five hundred to one thousand non-taxable minimum incomes of citizens, or by restraint of liberty for a term of up to two years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years.
2. Illicit enrichment, where the object of the offense is an undue advantage of significant value, shall be punishable by restraint of liberty for a term of two to five years, or by imprisonment for a term of three to five years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years.
3. Illicit enrichment, where the object of the offense is an undue advantage of substantial value, shall be punishable by imprisonment for a term of five to ten years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years, and with confiscation of property.
Note:
An undue advantage in a significant amount shall be understood to mean money or other property, benefits, privileges, services, or intangible assets which are promised, offered, provided, or received without lawful grounds, either gratuitously or for a price lower than the minimum market value, in an amount exceeding one hundred non-taxable minimum incomes of citizens.
An undue advantage in a large amount refers to advantages exceeding two hundred non-taxable minimum incomes of citizens.
An undue advantage in a vast amount refers to such advantages exceeding five hundred non-taxable minimum incomes of citizens.
Article 368-3. Commercial Bribery of an Official of a Private Legal Entity Irrespective of Its Organisational and Legal Form
1. The offering, giving, or transfer of an undue advantage to an official of a private legal entity, irrespective of its organisational and legal form, for performing or refraining from performing actions using the powers vested in them in the interest of the person offering or transferring such an advantage, or in the interest of third parties — shall be punishable by a fine ranging from one hundred to two hundred and fifty non-taxable minimum incomes of citizens, or by restraint of liberty for a term of up to two years.
2. The same acts, if committed repeatedly or by prior conspiracy of a group of persons or an organised group — shall be punishable by a fine ranging from three hundred and fifty to seven hundred non-taxable minimum incomes of citizens, or by restraint of liberty for a term of up to four years, or by imprisonment for a term of up to four years.
3. The acceptance by an official of a private legal entity, irrespective of its organisational and legal form, of an undue advantage for performing or refraining from performing actions using the powers vested in them in the interest of the person transferring or providing such an advantage, or in the interest of third parties — shall be punishable by a fine ranging from five hundred to one thousand non-taxable minimum incomes of citizens, or by restraint of liberty for a term of up to five years, or by imprisonment for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to two years.
4. The act specified in Part Three of this Article, if committed repeatedly or by prior conspiracy of a group of persons, or combined with extortion of an undue advantage — shall be punishable by imprisonment for a term of three to seven years, with deprivation of the right to hold certain positions or engage in certain types of activity for a term of up to three years, and with confiscation of property.
5. A person who has offered, given, or transferred an undue advantage shall be exempt from criminal liability if such an advantage was extorted from them, or if, after the offering, giving, or transfer of the undue advantage, they voluntarily reported the incident to a body authorised by law to initiate criminal proceedings, before the initiation of criminal proceedings against them.
Note:
1. An offence under Articles 368-3 and 368-4 of this Code shall be considered repeated if committed by a person who has previously committed any of the offences specified in these Articles, or in Articles 368 or 369.
2. Extortion, within the meaning of Part Four of Articles 368-3 and 368-4 of this Code, shall be understood as a demand for the provision or transfer of an undue advantage accompanied by threats to act or refrain from acting using one's official position about the person offering or transferring such an advantage, or the deliberate creation, by a person performing managerial functions in a private legal entity, of circumstances compelling another person to provide or transfer an undue advantage to prevent adverse consequences to their rights and lawful interests.
Article 368-4. Bribery of a Person Providing Public Services
1. Offering, giving, or transferring an undue advantage to an auditor, notary, appraiser, or any other person who is not a public official or a local self-government official but engages in professional activities related to the provision of public services — including the services of an expert, insolvency officer, independent intermediary, labour arbitrator, or arbitrator of a commercial (third-party) court (when performing these functions) — for performing or refraining from performing acts using their vested powers in the interest of the person offering, giving, or transferring such an advantage, or in the interest of third parties — shall be punishable by a fine ranging from one hundred to two hundred and fifty non-taxable minimum incomes of citizens, or by restraint of liberty for a term of up to two years.
2. The same acts, if committed repeatedly or by prior conspiracy of a group of persons or by an organised group — shall be punishable by a fine ranging from three hundred and fifty to seven hundred non-taxable minimum incomes of citizens, or by restraint of liberty for a term of up to five years, or by imprisonment for a term of up to three years.
3. Acceptance of an undue advantage by an auditor, notary, expert, appraiser, arbitrator of a third-party court, or other person engaged in professional activity related to the provision of public services, as well as by an independent intermediary or arbitrator in collective labour disputes, for performing or refraining from performing acts using their vested powers in the interest of the person providing such an advantage — shall be punishable by a fine ranging from seven hundred and fifty to one thousand five hundred non-taxable minimum incomes of citizens, or by imprisonment for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. The act specified in Part Three of this Article, if committed repeatedly, or by prior conspiracy of a group of persons, or combined with extortion of an undue advantage — shall be punishable by imprisonment for a term of four to eight years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, and with confiscation of property.
5. A person who has offered, given, or transferred an undue advantage shall be exempt from criminal liability if such advantage was extorted from them, or if, after providing, sharing, or transferring the undue advantage, they voluntarily reported the incident to an authority empowered by law to initiate criminal proceedings, before the initiation of such proceedings against them.
Article 369. Offering or Giving of a Bribe.
1. Offering a bribe shall be punishable by a fine of 100 to 250 non-taxable minimum incomes of citizens or by restriction of liberty for up to two years.
2. Giving a bribe shall be punishable by a fine of 250 to 750 non-taxable minimum incomes of citizens or by restriction of liberty for two to five years.
3. Repeated giving of a bribe shall be punishable by imprisonment for three to six years with a fine of 500 to 1000 non-taxable minimum incomes of citizens, and with or without forfeiture of property.
4. Giving a bribe to an official who holds a responsible position, or by prior conspiracy of a group of persons, shall be punishable by imprisonment for four to eight years with forfeiture of property or without it.
5. Giving a bribe to an official who holds a particularly responsible position, or by an organised group of persons or a member thereof, shall be punishable by imprisonment for five to ten years with forfeiture of property or without it.
6. A person who offered or gave a bribe shall be exempt from criminal liability if a bribe was demanded from him or her, or if, after giving the bribe and before any criminal proceedings were initiated against him or her, he or she voluntarily reported the incident to the body authorised by law to initiate criminal proceedings.
Note: A repeated offence within the meaning of this Article shall be deemed to have been committed by a person who has previously committed such an offence or any of the offences provided for in Articles 368, 368-3 or 368-4 of this Code.
Article 369-2. Abuse of Influence
1. Offering or providing undue benefit to a person who offers or promises (or agrees) to influence, in exchange for such benefit, the decision-making of a person authorised to perform state functions — shall be punishable by a fine of 200 to 500 non-taxable minimum incomes of citizens or by restriction of liberty for a term of two to five years.
2. Receiving undue benefit for influencing the decision-making of a person authorised to perform state functions, or offering to exercise such influence in exchange for a benefit, shall be punishable by a fine of 750 to 1,500 non-taxable minimum incomes of citizens or by imprisonment for a term of two to five years.
3. Receiving undue benefits combined with the extortion of such benefits to influence the decision-making of a person authorised to perform state functions shall be punishable by imprisonment for three to eight years with confiscation of property.
Note: Persons authorised to perform state functions are defined in points 1–3 of part one of Article 4 of the Law of Ukraine "On principles of preventing and combating corruption".
Article 370. Provocation of Bribery or Commercial Bribery
1. Provocation of bribery or commercial bribery, meaning the deliberate creation by an official of circumstances and conditions that induce the offering or receipt of a bribe or undue benefit to subsequently expose the person who gave or received the bribe or undue benefit — shall be punishable by restriction of liberty for up to five years or imprisonment for a term of two to five years, and by a fine of 250 to 500 non-taxable minimum incomes of citizens.
2. The same act committed by a law enforcement official shall be punishable by imprisonment for three to seven years, and by a fine of 500 to 750 non-taxable minimum incomes of citizens.
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