13:08 18.04.2013

Rada brings Ukrainian laws in line with international anti-corruption legislation

3 min read

The Verkhovna Rada of Ukraine has brought the country's legislation into compliance with the standards of the Criminal Law Convention on Corruption.

A total of 362 out of the 421 MPs registered in the session hall voted to pass the law introducing relevant amendments to Ukrainian legislative acts on Thursday. The law was supported by all parliamentary factions, except the Communists.

The law replaces the term "bribe" with the term "undue advantage."

According to the law, an offer or promise to an employee of a state enterprise, agency or organization, who is not a civil servant, to give them or a third person undue advantage, for their acting or refraining from acting using their official position is punishable by a fine of 100 to 250 non-taxable minimum incomes, or up to 100 hours of community service.

The same actions committed repeatedly or by prior arrangement by group of people will be punished by a fine of 250 to 500 non-taxable minimum incomes, or community service of up to 100 to 200 hours, or correctional labor for up to two years.

The law says that the acceptance of an offer, promise or receipt by an employee of a state enterprise, institution or organization of undue advantage for themselves or a third person for acting or refraining from acting taking advantage of their position is punishable by a fine of 250 to 500 non-taxable minimum incomes, or community service for up to 100 to 200 hours.

According to the law, a person who offered, promised or gave undue advantage will not be punished if he or she was subjected to extortion, or if the person voluntary reported the offence to law enforcers.

The term undue advantage refers to money or property, advantages, benefits, services that are worth more than a half of a non-taxable minimum income, or intangible assets that are being offer, promised, given, or received, without a legitimate reason.

In addition, the law establishes that the acceptance of an offer of undue advantage by an official for any actions using his or her official position or powers is punishable by a fine of 750-1,000 non-taxable minimum incomes, or correctional labor for a term of one to two years.

The receipt of undue advantage by an official is punishable by a fine of 1,000-1,500 non-taxable minimum incomes, or arrest from three to six months, or by imprisonment for a term of two to four years with the deprivation of the right to occupy certain positions and engage in certain activities.

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