CRIMINOLOGICAL CHARACTERISTICS OF COMMERCIAL BRIBERY IN THE PRIVATE SECTOR

Abstract

The scientific article is devoted to the criminological characteristics of commercial bribery in the private sector in Ukraine. The analysis is based on a combination of philosophical (in particular, dialectical), general scientific (synthesis, analysis, induction, deduction and generalization) and special scientific methods. The aim of the study was to establish the level, structure and dynamics of the corresponding systemic phenomenon for the period from 2017 to 2023. To achieve the goal, the reports of the General Prosecutor’s Office of Ukraine and court statistics were analyzed. The importance of the analysis of Art. 354 and Art. 368-3 of the Criminal Code of Ukraine, which establish criminal liability for the commission of commercial bribery in the activities of legal entities under private law. The level of commercial bribery in the private sector is analyzed, which reflects its quantitative size, expressed in numerical indicators of the total number of crimes and persons who committed them for the period from 2017 to 2023 on the territory of Ukraine. It was revealed that less than 5% of the total number of corrupt bribes in the private sector were convicted during the specified period. An interim conclusion was made that the gap between the number of registered offenses and the number of identified persons who committed them indicates the need for further improvement of the mechanisms of combating corruption in the private sector and increasing the efficiency of law enforcement agencies. The structure of commercial bribery in the private sphere is defined, which is characterized by the distribution and ratio (in percentages) of individual elements of the population in relation to their total number. The dynamics of commercial bribery in the private sector is graphically displayed, which demonstrates trends in the dynamics of recorded criminal offenses in the period from 2017 to 2023, in particular, the decline in the number of recorded offenses under Art. 354 of the Criminal Code of Ukraine and the increase under Art. 368-3 of the Criminal Code of Ukraine. Finally, the conclusions of the article emphasize the high level of spread of bribery in the private sphere, its negative impact on the country’s economy, and the importance of an integrated approach to combating the studied phenomenon.