Review

The paper investigates the problem areas demanding undue advantage in the commission of bribery of an official legal entity of private law. Based on the analysis of scientific literature studied approaches to the concept and importance of soliciting undue advantage. It is reported that before the enactment of the Law of Ukraine on april 18, 2013 soliciting undue advantage recognized by one of the independent grounds mandatory exemption from criminal liability. This incentive rate given vymushenist behavior of the person who gave undue advantage, contributed to exposing the worst offenders – persons who received such benefits, applying psychological pressure. Also, it was believed that the motives that prompted the person to voluntarily declare the offering or giving it undue advantage could be different (fear of punishment, revenge, jealousy, dissatisfaction with the fact that the officer did not fulfill the promise, the desire to expose bribery, etc.). However, with the introduction of legislative changes under consideration the situation has changed, and it’s definitely not easy to assess. When deciding on the presence or absence of soliciting undue advantage of the situation with discretion official – the recipient of this requirement, the authors should be based on the fact that an act which threatens the commission in this case the officer of the legal entity of private law, can hardly be recognized in legal so that in the event of their officer formally gives specific legal rule. A number of proposals aimed at improving the criminal law and practice.

Keywords: extortion undue advantage; bribery; officer; entity.