RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 26, 2002 No. 5

About court practice in cases on bribery

For the purpose of ensuring identical and correct application of the legislation in cases on bribery and in connection with the questions arising in court practice, the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that according to the current law only officials can bear responsibility for taking of a bribe. In case of permission of question whether this or that person is official, it is necessary to be guided by rules which are stated in Items 1 and 2 of the note to Art. 364 of the Criminal code of Ukraine (further UK).

At the same time it must be kept in mind that employees of state bodies and their device who are given the right in limits of the competence to put requirements belong to public agents, in particular, and also to make the decisions obligatory for accomplishment by legal entities and physical persons irrespective of their departmental accessory or subordination.

Organizational and administrative obligations are obligations on implementation of management of industry, labor collective, the site of work, productive activity of certain workers at the companies, in organizations or the organizations irrespective of pattern of ownership. Such functions are performed, in particular, by heads of the ministries, other central executive bodies, state, collective or private enterprises, organizations and organizations, their deputies, heads of structural divisions (chiefs of workshops, managers of departments, laboratories, departments), their deputies, persons who direct sites of works (masters, foremen, foremen and so forth).

Administrative type duties are obligations on management or the order of the state-owned, collective or private property (establishment of procedure for its storage, conversion, realization, ensuring control of these transactions and so forth). In this or that amount chiefs of the planned and economic, supplying, finance divisions and services managing warehouses, shops, workshops, studio, their deputies, heads of departments of the companies, departmental auditors and controllers and so forth have such powers.

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