In this article, we provide an analysis of international legal instruments on liability for illegal participation in entrepreneurial activities, with the focus on the main provisions contained in the Inter-American Convention against Corruption adopted by the Organization of American States on March 29, 1996 in Caracas, the United Nations Declaration against Corruption and Bribery in International Business Transactions adopted by the UN General Assembly on December 16, 1996, the European Criminal Law Convention on Corruption of 1999 and the United Nations Convention against Corruption adopted in New York on October 31, 2003. The authors conclude that, in accordance with the intent of the Conventional norms’ provisions, illegal participation in entrepreneurial activities constitutes trading of influence by a public official for his/her personal gain, and is a form of unlawful corrupt behavior. It is proposed to criminalize such corrupt behavior as illicit enrichment; to include the norm on liability for illegal participation in entrepreneurial activities in the list of «confiscatory» crimes specified in paragraph «a» of part 2, Art. 104
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