The Application Of The Penalty Of Imprisonment In Sanctions For Corruption Crimes Committed By Abuse Of Official Position

Abstract

The article examines the use of imprisonment in sanctions for corruption offenses committed through abuse of office. The author considers that it is inappropriate for the courts to apply a sentence of imprisonment for a term of 1 and 2 years. It has been found that imprisonment as a type of punishment in the sanctions of articles for corruption offenses which take possession of certain objects by abuse of office of slight gravity should not be applied, and for crimes of moderate gravity should be applied for a term of three years.

In order to improve the sanctions it is proposed to make the following amendments to the Criminal Code of Ukraine:

• sanction of Part 1 of Art. 191 of the Criminal Code of Ukraine shall be reworded as follows: «Shall be punishable by a fine of up to one hundred non-taxable minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term of up to four years, with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without such»;
• sanction of Part 2 of Art. 191 of the Criminal Code of Ukraine shall be reworded as follows: «Shall be punishable by a fine of one hundred to two hundred tax-free minimum incomes, or restriction of liberty for a term of three to five years, with deprivation of the right to hold certain posts or engage in certain activities for a term up to three years»;
• sanction of Part 1 of Art. 312 of the Criminal Code of Ukraine read as follows: «shall be punishable by a fine of seventy to one hundred tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term of one to three

years»;

• sanction of Part 2 of Art. 313 of the Criminal Code of Ukraine read as follows: «shall be punished by imprisonment for a term of three to six years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years»;
• sanction of Part 2 of Art. 357 of the Criminal Code of Ukraine read as follows: «shall be punishable by a fine of seventy to one hundred tax-free minimum incomes, or restriction of liberty for a term of up to three years, or imprisonment for a term of three to five years, with deprivation of the right to occupy certain positions or occupy certain positions. activities for up to three years».