Corruption is a multifaceted phenomenon, often characterized by the unfair allocation of public resources driven by private interests. It involves not only financial assets but also services, goods, and various other opportunities. Corruption can lead to disciplinary, administrative, and criminal liability.
When ordinary citizens complain about corrupt officials and suggest fair punishments, they typically focus on criminal liability — such as imprisonment, confiscation of property, arrests, and other severe penalties outlined in the code.
In this explainer, we'll take a closer look at which corrupt actions are criminalized and review the penalties established in the Criminal Code, which vary depending on the specific offenses.
First and foremost, we focus on officials who accept or demand bribes. However, criminal liability also extends to representatives of the private sector, such as ordinary employees, contractors, and others. Those who give or offer bribes are equally accountable under the law. Ukrainian courts can also prosecute foreigners or stateless persons who do not reside permanently in Ukraine but have engaged in bribing officials or committed crimes in collaboration with officials within the country.
An important detail: the Criminal Code of Ukraine (CC of Ukraine) does not use the term “bribe.” Instead, it has the broader concept of “illegal benefit,” which encompasses not only money or property but also certain advantages, privileges, services, and intangible assets.
What types of punishment are prescribed?
- A fine, the amount of which is determined by the court based on the range specified in the relevant article of the Criminal Code of Ukraine. It is linked to the “tax-free minimum income,” which in 2023 is set at UAH 17.
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Correctional labor, which citizens can perform for a period ranging from six months to two years at their primary place of work. 10-20% of earnings from this work are allocated to the state. This punishment cannot be imposed on pregnant women, military personnel, judges, prosecutors, lawyers, local government officials, civil servants, and others.
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Community service involves socially useful work that a person performs without compensation during their free time. However, the total amount of service cannot exceed 240 hours or 4 hours per day. This penalty does not apply to pregnant women, people with disabilities, conscripts, and others.
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Confiscation of property means that all or part of a person's assets are forcibly and without compensation taken in favor of the state. In the case of special confiscation, property used in or resulting from a crime (such as a bribe) is seized. This means that not only the convicted person's property can be confiscated, but also the property of others involved.
People often confuse other types of punishment — arrest, restriction of liberty, and imprisonment. To understand the differences, read our other explainer.
Courts determine punishments based on the severity of the offense, the identity of the offender, and any circumstances that may mitigate or aggravate the penalty. A more severe punishment is imposed only if less severe measures are deemed insufficient to rehabilitate the individual and prevent future criminal behavior.
What actions can lead to criminal responsibility?
A person is involved in bribing public or private officials, employees, contractors, and others.
Remember that in bribery cases, both parties can face punishment — the one who gives the bribe, as well as the one who takes, asks for or even demands money. It is also important to note that corruption laws can apply not only to officials or those who offer bribes but also to employees in the private sector. For example, if a private entrepreneur demands illegal benefits, even from someone who is not a civil servant, they can be convicted of corruption. The law can also apply to citizens who offer money to resolve their issues, regardless of the amount.
● Offer or promise of a bribe for a particular service to an employee or contractor (Article 354 of the Criminal Code of Ukraine)
Punishment options include a fine of up to UAH 4,250, community service for up to 100 hours, correctional labor for up to 1 year, or restriction of liberty or imprisonment for up to 2 years. For repeated offenses, the fine is doubled, the maximum community service term increases to 200 hours, and 1 year is added to the other penalties.
If an employee agrees to, asks for, or receives a bribe, they face a fine of up to UAH 8,500, community service ranging from 100 to 200 hours, or restriction of liberty or imprisonment for up to 2 years. Harsher penalties apply in cases of repeat offenses or demanding a bribe: a fine of up to UAH 12,750, community service for up to 240 hours, or restriction of liberty or imprisonment for up to 2 years.
● Bribery of an official of a private enterprise (Article 368-3 of the Criminal Code of Ukraine).
If a person offers a bribe to an employee of a private enterprise, they should be aware that the employee has the right to report the offer to the relevant authorities. The potential consequences include a fine of up to UAH 6,800, community service for up to 200 hours or restriction of liberty or imprisonment for up to 2 years. If the offer is repeated, made in collusion, or as part of a group, the fine increases to UAH 8,500, and the term of restriction or imprisonment can be extended to up to 4 years.
An employee, in turn, may act unscrupulously and accept the bribe. For this, the law provides several punishment options: a fine of up to UAH 6,800, correctional labor for up to 2 years, arrest for up to 6 months, restriction of liberty or imprisonment for up to 3 years, and, ultimately, a ban on holding office for up to 2 years.
How does it work in the opposite scenario, when an employee of a private enterprise demands a bribe from you? The penalties are more severe: imprisonment for 3 to 7 years, with the possibility of property confiscation. The court may also consider if the employee has previously accepted bribes.
● Bribery of persons providing public services (Article 368-4 of the Criminal Code of Ukraine).
Citizens regularly use the services of notaries, auditors, appraisers, and others. These people provide public services and must actively work to prevent corruption. It is important to note that civil servants are not included in the list in this article.
Those who attempt to bribe such individuals can face a fine of up to UAH 6,800, community service for up to 200 hours, or restriction of liberty or imprisonment for up to 2 years. If the crime is committed in collusion, as part of a group, or repeatedly, offenders may face a higher fine (up to UAH 8,500) or spend time in prison or correctional facility for up to 4 years.
The law also warns public service providers against engaging in corrupt actions. For accepting a bribe, the penalties are similar to those for other employees: a fine of up to UAH 6,800, correctional labor for up to 2 years, arrest for up to 6 months, and restriction of liberty or imprisonment for up to 5 years.
For repeated bribery or extortion of illegal benefits, offenders can face up to 8 years in prison, along with the possibility of property confiscation.
● Offer, promise or receipt of illegal benefits by an official (Article 369 of the Criminal Code of Ukraine).
Citizens are prohibited from offering or paying bribes to officials. For such actions, they may face a fine of up to UAH 6,800, or restriction of liberty or imprisonment for up to 4 years. A repeat offense is punishable by up to 6 years in prison, a fine of up to UAH 17,000, and possible property confiscation.
Such an offer for senior officials carries a penalty of up to 10 years in prison, with the possibility of property confiscation.
● Acceptance of an offer, promise, or receipt of an illegal benefit by an official (Article 368 of the Criminal Code of Ukraine).
An official who accepts or solicits a bribe is also subject to criminal liability. The court may impose a fine of up to UAH 68,000, arrest for up to 6 months, or imprisonment for up to 4 years. Additionally, the official may be banned from holding office for 3 years — a penalty that can be applied under several other articles defining criminal liability for corruption.
Penalties may vary depending on the amount of the bribe received by the official. For a bribe of a “significant amount” (over UAH 134,200 as of 2023), the prison term ranges from 3 to 6 years. For a “large amount” (over UAH 268,400), the sentence is from 5 to 10 years. The most severe penalty, for a “particularly large amount” (over UAH 671,000) or bribery involving top officials, carries a sentence of 8 to 12 years in prison, with the possibility of property confiscation.
Citizens who give a bribe to influence an official's decision
● Abuse of influence (Article 369-2 of the Criminal Code of Ukraine).
The legislation eliminates possible tactics used to evade responsibility for bribing officials, as well as officials and employees of other organizations and enterprises. For offering a “cash gift” to influence an official, the penalty can include a fine of up to UAH 6,800, restriction of liberty for up to 5 years, or imprisonment for up to 2 years.
Such “influential” individuals can also face a fine of up to UAH 8,500 or imprisonment for up to 5 years. In some cases, they may embody the malicious intent of corrupt officials themselves, and for extorting bribes from citizens, they can be sentenced to up to 8 years in prison.
Officials abusing their position for personal gain or the benefit of others
● Abuse of power or official position (Article 364 of the Criminal Code of Ukraine).
The law prohibits using one's power or work-related opportunities for personal or third-party gain, including for legal entities. The Criminal Code stipulates penalties such as arrest for up to 6 months, restriction of liberty, or imprisonment for up to 3 years. Additionally, a court may impose a ban on holding specific positions for up to 3 years and a fine of up to UAH 12,750.
Abuse of power can violate the rights and interests of others, often resulting in significant material damage — particularly to the state and private businesses. If the court determines losses exceeding UAH 335,500, the convicted person may face imprisonment for up to 6 years instead of 3. The fine can also increase, reaching up to UAH 17,000.
The scale of losses or damages is calculated using a non-taxable minimum income based on the social tax benefit, which in 2023 is UAH 1,342.
● Abuse of power by an official of a private legal entity (Article 364-1 of the Criminal Code of Ukraine).
The law specifically addresses employees in private enterprises who abuse their powers. This is punishable by a fine of up to UAH 6,800, arrest for up to 3 months, restriction of liberty for up to 2 years, and a ban on holding positions for up to 2 years.
The court will treat the same crime with larger losses differently — the maximum fine will increase to UAH 15,300, arrest for up to 6 months, and in extreme cases, a person may face imprisonment for 3 to 6 years instead of being held in pre-trial detention. Additionally, they may be banned from holding a position for up to 3 years.
Persons providing public services abusing their powers
● Article 365-2 of the Criminal Code of Ukraine
Auditors, notaries, appraisers, arbitrators, state registrars, and other professionals who are not civil servants or local government officials are subject to this article. For bribery, they can face a fine of up to UAH 6,800, restriction of liberty or imprisonment for up to 3 years, and an additional ban on holding office for up to 10 years.
There are often rumors in society about unscrupulous state registrars who, in collusion, deceive the elderly or people with disabilities. The law responds to such cases more harshly and can impose a penalty of restriction of liberty or imprisonment for up to 5 years, along with a ban on holding office for up to 3 years. For the same crime with serious consequences (remember that we are talking about significant material losses) the penalty increases, with a prison term ranging from 7 to 10 years.
Officials deliberately lying in their declaration
● Article 366-2 of the Criminal Code of Ukraine
In an official's declaration, all information must match the actual property status. However, if the data provided differs from the real property status by an amount ranging from UAH 1,342 to UAH 5,368 million, the official violates the Law of Ukraine On Corruption Prevention. In such cases, the official may face a fine of UAH 51,000 to 68,000, community service for up to 240 hours, or restriction of liberty for up to 2 years.
If the discrepancy between the declared and actual property status exceeds UAH 5.368 million, the fine increases to UAH 85,000, and the official may face imprisonment.
You cannot hide your income from the state, as there is a specific article in the Criminal Code of Ukraine (366-3) for failure to submit a declaration. During wartime, e-declaration became voluntary, but after martial law ends, officials who neglect this duty may face a fine of up to UAH 51,000, community service for up to 240 hours, restriction of liberty for up to 2 years, or imprisonment for up to 1 year.
Civil servants acquiring assets that significantly exceed their legal income
● Article 368-5 of the Criminal Code of Ukraine.
This article restricts officials (performing the functions of the state or local self-government) from acquiring assets that are significantly more expensive than the income they could have legally received. In 2023, “significantly” refers to an amount exceeding UAH 8.723 million. The penalty for such actions is imprisonment for a term ranging from 5 to 10 years.
Officials stealing someone else's property by abusing their position
● Article 191 of the Criminal Code of Ukraine.
If an official has appropriated or spent someone else's property through various abuses and manipulations, they can face up to 5 years in a correctional center or prison (under martial law, up to 8 years). For repeated offenses or crimes committed in collusion, the penalty is restriction of liberty for up to 5 years or imprisonment for up to 8 years.
For cases when property is taken over by an organized criminal group, from 7 to 12 years in prison and confiscation of property are provided. Additionally, in all cases, a ban on holding positions for up to 3 years may be established.
Officials who “squandered” budget funds
● Article 191 of the Criminal Code of Ukraine
In other words, this article holds officials accountable for the misuse of budget funds. A court considers the crime based on the amount misused by an official. If the amount is up to UAH 4 million (in 2023), the penalty may include a fine of up to UAH 6,800, correctional labor for up to 2 years, or restriction of liberty for up to 3 years.
If the amount exceeds this limit, or if the crime was committed repeatedly or by a group, the court may impose restriction of liberty for up to 5 years or imprisonment for up to 6 years. Additionally, in all cases, a ban on holding positions for up to 3 years may be established.
Weapon-related crimes
● Article 262 of the Criminal Code of Ukraine
In Ukraine, weapons can only be obtained with a special permit, let alone ammunition, explosives, or radioactive materials. Therefore, an official who abuses their position to facilitate the misappropriation or theft of these dangerous items can face up to 10 years in prison. If the crime involves a group, robbery, or concerns firearms (except hunting rifles), the penalty can be imprisonment for up to 15 years, along with possible confiscation of property.
It is important to note that the law establishes separate liability for military personnel under Article 410 of the Criminal Code of Ukraine.
Drug-related crimes
Articles 308, 312, 313, and 320 of the Criminal Code of Ukraine.
The state strictly controls the turnover of narcotic substances. Some officials have more access to the drug accounting process than others, and they may potentially abuse their official position. For such actions, the penalty includes a fine of up to UAH 2,040, arrest for up to 6 months, or imprisonment for up to 5 years.
If an official steals or embezzles drugs, psychotropic substances, or equipment for their manufacture, the punishment can be up to 6 years in prison. With aggravating circumstances, the penalty may increase to up to 12 years in prison along with confiscation of property.
Officials stealing documentation or seals, abusing their official position
● Article 357 of the Criminal Code of Ukraine.
For theft or misappropriation of documents, stamps, or seals, the law provides for a fine of up to UAH 850 or restriction of liberty for up to 3 years for officials. In particularly serious cases, such as when the institution fails because of this or the stolen documents were extremely important, the penalty may include a fine of up to UAH 1,190, restriction of liberty, or imprisonment for up to 3 years.
In what cases can a court exempt an individual from criminal liability?
A person who has committed bribery or offered a bribe can be exempt from liability by voluntarily reporting it to the NABU or the National Police before the crime is discovered by other means. In this case, it is crucial to cooperate with the investigation to ensure that the official who accepted the bribe is held accountable.
This exemption does not apply if a person has offered a bribe to a foreign official (such as diplomats or civil servants), a judge, an official of an international organization, or a member of an international parliamentary assembly in which Ukraine is a member.
Even at the stage of case consideration, the court cannot impose a more lenient penalty than what is prescribed in the code for corruption crimes. Similarly, individuals officially found guilty cannot be exempt from serving their sentences, nor can they benefit from full amnesty once convicted. These restrictions apply to specific articles directly related to corruption as well as those indirectly associated with it.
There are no leniencies for those who have committed a corruption offense for the first time or a minor crime. In other words, the court cannot release such individuals from criminal liability due to active repentance, reconciliation with the victim, transfer to bail, change of circumstances, or similar factors. Even exemplary behavior will not allow the court to fully release a person from punishment or grant a “suspended sentence.”
However, there is a concerning trend: local courts sometimes reduce sentences or even release individuals convicted of corruption ahead of schedule, claiming they have “taken the path of correction” or “proven their correction.” These terms are subjective and difficult to substantiate, creating opportunities for manipulation and corruption.
Once a person is under investigation for corruption, their chances of being released from responsibility are minimal. Although, according to statistics, most offenders are held administratively rather than criminally responsible (resulting in lesser sanctions), having a criminal record still carries unpleasant consequences.
As the anti-corruption efforts continue in Ukraine, corruption will be less tolerated and perceived, both at the state level and in society. We encourage everyone to actively fight corruption and remain vigilant to avoid committing any corruption-related offenses!