jurisdiction

Ukraine
Source of law Law on Prevention of Corruption, Criminal Code of Ukraine, Code on Administrative Offences of Ukraine 
Offence 

Criminal offences 

  1. Receiving a bribe: When a public official; an employee,  an officer or a private contractor  of a legal entity; or a public services provider  accepts an offer to get an unlawful advantage  for him/herself or for a third party; requests an unlawful advantage for him/herself or for a third party; or receives an unlawful advantage for him/herself or for a third party in any form for performance or non-performance of his or her functions in the interests of the person offering or transferring the unlawful advantage or a third party. 
  2. Illegal enrichment:  
    When a public official acquires  assets with value that exceeds such official’s legal income by more than 6,500 times the tax-free allowance (approximately EUR 218,075). 
  3. Extortion (provocation of a bribe): When a public official instigates a person to offer, promise, provide unlawful advantage, or to accept the offer, promise, or rendering of such advantage, with the purpose of subsequently denouncing such person to the competent authorities. 
  4. Bribery: Offering, giving or transferring an unlawful advantage to I) a public official; II) an employee, an officer or a private contractor  of a legal entity; or III) a public services provider  for the performance or non-performance of actions by exercising his or her authority in the interests of the person offering or transferring the unlawful advantage or in the interest of a third party. 
  5. Abuse of powers: When an officer of a legal entity, a public official or a public services provider  abuses their powers, authorities or official position for the obtaining of an unlawful advantage for him/herself or for a third party, if such actions caused significant harm  to the rights or interests of particular citizens, state or public interests, or interests of legal entities.  
  6. Abuse of influence: When a person receives an unlawful advantage for him/ herself or a third party for influencing the decision making of a person authorised to exercise state functions or for offering to influence such a decision. When a person offers or gives an unlawful advantage to a person offering or agreeing to influence the making of a decision by a person authorised to exercise state functions or to a third party. 
  7. Provision of false information in transparency declaration or failure to submit transparency declaration: Intentional provision of false information  in transparency declaration of an official authorised to perform state or local governmental functions or intentional non-submission of transparency declaration. 
The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught?  Yes
Would corporate hospitality be caught? Yes 
Is there any de minimis? No
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside Ukraine  
Can bribery performed outside Ukraine be caught? Yes (if performed by a Ukrainian citizen or person without citizenship domiciled in Ukraine; if performed by a foreigner or person without citizenship in cases prescribed by international treaties or if a serious or especially serious offence against the rights of Ukrainian citizens or the interests of Ukraine is performed; if one of such offences as receiving a bribe, bribing or abuse of influence is performed by a foreigner or person without citizenship jointly with Ukrainian public official) 
Does the act also need to be illegal in the foreign country of performance?  No
Who can be liable?  
Ukrainian nationals?  Yes
Ukrainian company?  Yes
Ukrainian partnership (including limited liability partnerships) incorporated? No
Director of Ukrainian company?  Yes
Ukrainian company if the bribe is committed abroad by its foreign subsidiary?  No
Foreign subsidiary of a Ukrainian company if the bribe is committed abroad?  No
Foreign national/company/partnership if bribe is committed in Ukraine? Yes (only foreign nationals and companies) 
Foreign national domiciled or “ordinarily resident” in Ukraine if bribe is committed outside Ukraine?  Yes
Foreign company/partnership if bribe is committed abroad? No
Penalties 
Penalties Include 

Recipient (public official): 

  • Fine of up to 4,000 tax-free allowances  (approximately EUR 1,700)  
  • Debarment from certain positions and activities for up to three years 
  • Confiscation of property 
  • Special confiscation
  • Arrest for up to six months 
  • Imprisonment for up to 12 years 

Recipient (in case of commercial bribery): 

  • Fine of up to 4,000 tax-free allowances (approximately EUR 1,700) 
  • Forced labour for up to two years 
  • Detention for up to three years 
  • Arrest for up to six months 
  • Debarment from certain positions and activities for up to three years 
  • Confiscation of property 
  • Special confiscation 
  • Imprisonment for up to seven years 

Recipient (public services provider): 

  • Fine of up to 4,000 tax-free allowances (approximately EUR 1,700) 
  • Forced labour for up to two years 
  • Detention for up to five years 
  • Arrest for up to six months 
  • Debarment from certain positions and activities for up to three years 
  • Confiscation of property 
  • Special confiscation 
  • Imprisonment for up to eight years 

Recipient (an employee of a legal entity, a private contractor): 

  • Fine of up to 750 tax-free allowances (approximately EUR 320) 
  • Community service for up to 240 hours 
  • Special confiscation 
  • Detention for up to three years 
  • Imprisonment for up to three years 

Briber (of a public official): 

  • Fine of up to 4,000 tax-free allowances (approximately EUR 1,700) 
  • Confiscation of property 
  • Special confiscation 
  • Detention for up to four years 
  • Imprisonment for up to ten years 

Bribery (in case of commercial bribery / of a public services provider): 

  • Fine of up to 5,000 tax-free allowances (approximately EUR 2,125) 
  • Community service for up to 200 hours 
  • Special confiscation 
  • Detention for up to four years 
  • Imprisonment for up to four years 

Bribery (of an employee of a legal entity, a private contractor):  

  • Fine of up to 500 tax-free allowances (approximately EUR 215) 
  • Community service for up to 200 hours 
  • Special confiscation 
  • Forced labour for up to two years 
  • Detention for up to three years 
  • Imprisonment for up to three years 

Abuse of powers (by a public services provider): 

  • Fine of up to 4,000 tax-free allowances (approximately EUR 1,700) 
  • Confiscation of property 
  • Special confiscation 
  • Debarment from certain positions and activities for up to ten years 
  • Detention for up to five years 
  • Imprisonment for up to eight years 

Abuse of powers (by a public official): 

  • Fine of up to 1,000 tax-free allowances (approximately EUR 425) 
  • Arrest for up to six months 
  • Special confiscation 
  • Debarment from certain positions and activities for up to three years 
  • Detention for up to three years 
  • Imprisonment for up to six years 

Abuse of powers (by an officer of a legal entity): 

  • Fine of up to 6,000 tax-free allowances (approximately EUR 2,550) 
  • Arrest for up to six months 
  • Special confiscation 
  • Debarment from certain positions and activities for up to three years 
  • Detention for up to two years 
  • Imprisonment for up to six years 

Abuse of influence: 

  • Fine of up to 5,500 tax-free allowances (approximately EUR 2,340) 
  • Confiscation of property 
  • Special confiscation 
  • Detention for up to five years 
  • Imprisonment for up to eight years  
  • Companies (for bribing or for failure to prevent trading in influence, bribing of an officer of a legal entity, a public services provider, a public official): 
  • Fine in the double amount of an unlawful advantage or up to 75,000 tax-free allowances (approximately EUR 31,900) if an unlawful advantage was not received or its amount cannot be estimated 

Public official authorized to perform state or municipal functions who intentionally provides false information or does not submit transparency declaration:  

  • Fine of up to 5,000 tax-free allowances (approximately EUR 2,125) 
  • Community service for up to 240 hours  
  • Debarment from certain positions and activities for up to three years  
  • Detention for up to two years 
  • Imprisonment for up to two years 
Defences  
Are there any defences available? There are specific defences if a person who offered, promised or gave an unlawful advantage reported the bribe before the law enforcement authorities found out about the crime from other sources.

 

Source of law Law on Prevention of Corruption, Criminal Code of Ukraine, Code on Administrative Offences of Ukraine 
Offence 

Administrative offences 

Violation of legally established restrictions regarding the acceptance of gifts or donations: Violation of legally established restrictions or prohibitions by accepting gifts or donations. 

Failure to take action with respect to the prevention of corruption: Failure by a state official, local government official or an officer of a legal entity to take legally established actions to prevent and detect corruption offences. 

Violation of restrictions regarding involvement in commercial or other paid activities by a public official: Failure by a public official to comply with legally established prohibitions to perform any other paid work or commercial activity. 

Violation of rules for dealing with the conflict of interest: Failure by a public official, an officer of a public legal entity or a public services provider to report existing conflicts of interest; taking actions or decisions in the presence of a conflict of interest. 

Violation of financial control requirements: Failure by a public official or an officer of a public legal entity to submit a transparency declaration, or provision of false information  in a transparency declaration, or failure to report the opening of bank accounts outside Ukraine or report substantial changes in the property status of such persons. 

Misuse of information obtained in the process of service: Illegal disclosure by a public official or use to his/her own benefit of information obtained in the process of service. 

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes
Would corporate hospitality be caught? Yes 
Is there any de minimis? No
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside Ukraine  
Can bribery performed outside Ukraine be caught? No
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable?  
Ukrainian nationals? Yes
Ukrainian company? No (only individuals caught) 
Ukrainian partnership (including limited liability partnerships) incorporated? No
Director of Ukrainian company? No (only applies to a failure to prevent corruption) 
Ukrainian company if the bribe is committed abroad by its foreign subsidiary? No
Foreign subsidiary of a Ukrainian company if the bribe is committed abroad? No
Foreign national/company/partnership if bribe is committed in Ukraine? Yes (only foreign nationals) 
Foreign national domiciled or “ordinarily resident” in Ukraine if bribe is committed outside Ukraine? No
Foreign company/partnership if bribe is committed abroad? No
Penalties  
Penalties include: 

Recipient in a case of violation of legally established restrictions regarding the acceptance of gifts or donations: 

  • Fine of up to 400 tax-free allowances (approximately EUR 170) with confiscation of a gift or a donation
  • Debarment from certain positions and activities for up to one year  

Failure to prevent corruption:  

  • Fine of up to 400 tax-free allowances (approximately EUR 170)  

Violation of restrictions regarding involvement into commercial or other paid activities by a public official:  

  • Fine of up to 800 tax-free allowances (approximately EUR 340)  
  • Confiscation of illegally obtained profit or remuneration  
  • Debarment from certain positions and activities for up to one year  

Violation of rules for dealing with the conflict of interest:  

  • Fine of up to 800 tax-free allowances (approximately EUR 340) 
  • Debarment from certain positions and activities for up to one year  

Violation of financial control requirements: 

  • Fine of up to 2,500 tax-free allowances (approximately EUR 1,063) 
  • Confiscation of illegally obtained profit or remuneration  
  • Debarment from certain positions and activities for up to one year  

Illegal use of information obtained in the process of service:  

  • Fine of up to 2,500 tax-free allowances (approximately EUR 1,063) 
  • Debarment from certain positions and activities for up to one year 
Defences  
Are there any defences available? No