Article 369 of the Criminal Code of Ukraine. Important to know!

Article 369 of the Criminal Code of Ukraine is a fundamental norm of anti-corruption legislation that establishes criminal liability for the offer, promise, or giving of unlawful benefits to officials. In a socio-legal sense, it aims to protect the institution of public service, raise public trust in government, and prevent corruption as one of the main threats to the country’s development.

Essence of the offense
Article 369 CCU covers any actions aimed at inducing an official to certain actions or omissions, through an offer, promise, or actual transfer of unlawful benefit. Mere intent or an offer is sufficient — the crime is considered completed at the moment the promise or benefit is made, regardless of whether the official agreed to the illegal act or accepted the benefit.

Key concepts
Offense subject: Any natural, sane person who has reached the age of 16 — citizenship does not matter.
Object: Public relations in the field of government, official activities of public authorities, corporate structures with a share of state ownership.
Unlawful benefit: This includes not only money, but any material or non-material assets, services, privileges, benefits, recreation, goods, and even intangible preferences. The size of the benefit does not determine the offense — what matters is the offer itself due to its connection to public service.

Qualifying features
Repeat offenses: If a person has previously committed similar violations, liability increases and is punished more severely.
Group conspiracy: Committing the offense by a group of persons or in the interests of a group is an aggravating circumstance.
Status of the official: Giving a benefit to someone holding a “particularly responsible position” (politicians, judges, heads of structures) automatically increases the penalty.

Distinguishing from related offenses
It is important to distinguish between an offer or promise — these are preparatory stages, but the CCU directly criminalizes even these stages, unlike many other crimes. It should not be confused with articles on incitement to abuse of office or abuse of influence (Article 369-2 CCU).

Penalties
For part 1 — a fine from 1,000 to 4,000 tax-free minimum incomes of citizens, or restriction of liberty from 2 to 4 years, or imprisonment for the same period.
For repeated or group actions — imprisonment from 3 to 6 years with a fine and possible confiscation of property.
If the bribe was given to someone in a particularly responsible position, or committed by an organized group — the strictest penalty: from 5 to 10 years of imprisonment with confiscation of property.

Judicial practice and current trends
Courts tend toward strict interpretation of Article 369, especially as anti-corruption policy intensifies. The very fact of offering or giving even a symbolic sum or modest gift is already grounds for opening proceedings and classifying actions under this article. Motives are considered for sentencing but do not exempt from liability. Courts pay special attention to the existence of a real connection between the benefit and the performance (or non-performance) of an official’s duties.

Proof and defense issues
To prove guilt, a set of evidence is sufficient:
Attempted contact with an official with an offer of reward.
Intent to influence official conduct.
Confirmation of an unlawful benefit by expert analysis or testimony.
Defense may include evidence of lack of intent, failure to prove a direct link between the benefit and official function, qualification errors or procedural violations.

Typical mistakes by parties
The belief that “a promise” or “symbolic gift” is not a crime.
Attempts to resolve the issue through intermediaries without direct contact — liability still arises.
Underestimating the risks of group actions or repeated contacts with officials.
Failure to consult a lawyer at the stage of exposure or investigation.

Recent changes and conclusions
In recent years, lawmakers have repeatedly amended Article 369 CCU and judicial explanations. Tougher sanctions and broader interpretation of “unlawful benefit” and “promise” meet international anti-corruption standards. Most importantly, ordinary citizens and business participants need to understand: any attempt to resolve an issue through a bribe (even if unrealized) is already a criminal risk with irreversible consequences.

Recommendation for all: carefully evaluate your actions when dealing with officials. In case of a questionable situation — immediately consult a qualified lawyer to avoid mistakes that may cost freedom and reputation. The law, especially in wartime, is applied as formally and strictly as possible. Remember: ignorance does not exempt from liability!

Author: Yevhen Murchenko – head of criminal law and procedure at the law firm “WINNER”.
If you have questions or problems regarding the legal qualification of your actions, situations involving liability under Article 369 CCU, forming an effective defense strategy, preparing complaints, explanations or evidence for court — contact the team at “WINNER” Law Firm. Our specialists have extensive experience in criminal cases, guarantee support at all stages of the process and are ready to defend your rights and interests, even in the most complex situations.