Azerbaijan
on Combating Corruption provides a list of such offences in Article 9 –
corruption offences themselves (paragraph 9.2) and offences conducive to corruption (paragraph 9.3),
reserving that other offences related to corruption may be determined by legislative acts governing the
activity or status of officials.
Article 1 of the Law of
Ukraine
on Prevention of Corruption (definitions) contains the notions of ‘corruption
offence’ and ‘offences conducive to corruption’. That said, corruption offence is defined as the act, which
involves signs of corruption and is committed by persons listed in paragraph 1 of Article 3 of the Law,
entailing criminal, disciplinary, and/or civil liability. While the offence conducive to corruption is defined
as the act, which is free of signs of corruption, but violates the requirements, bans and restrictions established
by this Law, committed by persons listed in paragraph 1 of Article 3 of the Law, entailing criminal,
disciplinary, and/or civil liability. Also, the Criminal Code of Ukraine contains a list of corruption offences
(see the table below).
The Law of the Republic of
Kazakhstan
on Countering of Corruption (Article 1) defines the corruption
offence as having signs of corruption, illegal guilty act (action or inaction), for which the law established
administrative or criminal liability. That said, corruption is defined as the unlawful use of persons occupying
a responsible public office, persons authorised to perform state functions, persons equated to persons
authorised to perform public functions, officials of its officers (official) authority and the related
opportunities in order to obtain or extraction directly or indirectly proprietary (non-proprietary) benefits and
advantages for themselves or third parties, as well as bribery of such persons through the provision of benefits
and advantages. Also, the Criminal Code of Kazakhstan contains a list of corruption offences (see the table
below).
Lithuanian
law ‘On the Prevention of Corruption’ only provides a list of offenses related to corruption that
includes, in particular, bribery, trading in influence, other criminal offences committed in the public sector
or during the provision of public services for personal gain or benefits for third parties: abuse of office or
misuse of authority, abuse of power, forgery, fraud, theft of property, embezzlement, divulging of official or
commercial secret, providing false information on income and assets, laundering of money or property,
interference in the activities of a public official or a person performing public functions, or other offenses,
the commission of which is aimed at obtaining or extorting a bribe, or concealing or covering up a bribe.
In
Moldova
, the draft Law on Incorruptibility has been adopted at the first reading. Paragraph 1 of Article
44 of the Law provides definitions for acts of corruption (criminal and administrative offences committed in
public and private sectors, which are sanction as per the Criminal Code and the Offences Code), whereas
paragraph 2 – a full list of such criminal and administrative corruption offences.
Different countries of the ACN deal differently with classifying particular offences (crimes) as corruption
ones. In some countries, offences refer to the corruption offences through the legislation, in some through
the law enforcement, namely, judicial practice, in others through the law doctrine (the results are given in
the table below).
44
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