The article focuses on the study of foreign experience with the proposal, promise or receipt of unlawful benefit by an official. And comparative legal study of this problem in the criminal law of Germany and the Ukraine. The author states that the generic object that crimes in the area of performance can be considered valid (normal) service activities (with respect to Germany). It is noted that in criminal law in Germany generic object crimes related service activities can be considered valid (normal) service activities. In content, according to the author, this facility meets the definition of these crimes in the Ukrainian legal literature as correct (normal) of government and public system and device management companies, institutions and organizations. It is noted that the offenses referred to in sections (titles) «Crimes in the sphere of work» in the Criminal Code of Germany is characterized by a great variety of subjects that are not covered by any generic term. Structure Section XVII of the Criminal Code of Ukraine is the author’s opinion, more consistent: this section provides only general offenses in the area of performance for which there is a generic definition of the object and the subject.

Keywords: business crime, the adoption of offers, promises or obtain undue advantage by an official, criminal legislation of Germany.