of May 25, 1998 No. 13
About practice of consideration by courts of cases on the corruption actions and other offenses connected with corruption
Having discussed materials of generalization of court practice on cases on the corruption actions and other offenses connected with corruption (further - corruption offenses), the Plenum of the Supreme Court of Ukraine specifies that courts generally provide the correct application of the Law of Ukraine of October 5, 1995. "About fight against corruption" (further - the Law). At the same time in their activities essential shortcomings take place.
Courts quite often accept in the production the constituted protocols, in particular in what legal status of person and nature of the action made by it is not specified are more unseemly. Thereof persons who are not subjects of corruption offenses are brought to responsibility or made actions which do not concern to the last.
Separate courts are appointed to persons who made corruption offenses, penalties in smaller size, than it is provided by the Law. Cases of unreasonable release of guilty persons from the administrative responsibility, violation of terms of hearing of cases take place. Judges not always react to violations of legality in case of permission of the questions connected with involvement of citizens to responsibility for corruption offenses and also to the delay facts when checking circumstances of their making, in case of creation of protocols and their sending for consideration of courts.
Taking into account the increased public danger of corruption which breaks normal activities of the state institutes, discredits public authorities, local self-government and their device, and for the purpose of the correct application of the legislation, prevention of mistakes by hearing of cases of this category, the Plenum of the Supreme Court of Ukraine DECIDES:
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