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1
Fedorov, Aleksandr V. "THE LAWS OF ESTONIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES." Russian investigator 12 (December 17, 2020): 70–77. http://dx.doi.org/10.18572/1812-3783-2020-12-70-77.
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The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.
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Kalvodová, Věra. "Legal entities and criminal law – principles of sanctioning." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2261–68. http://dx.doi.org/10.11118/actaun201361072261.
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The article deals with the issue of sanctioning of legal entities in connection with corporate criminal liability introduced after 1 January 2012. It provides a characterization of the sanctioning system provided for under the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, and deals with the crucial principles governing the imposition of punishments and the protective measure. It further discusses the modifications of the sanctions with respect to legal entities, mainly as regards the principles of legality, purposefulness, adequacy, personality and subsidiarity of criminal repression.
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Fedorov, Aleksandr V. "THE LAWS OF LATVIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES." Russian investigator 11 (November 12, 2020): 73–80. http://dx.doi.org/10.18572/1812-3783-2020-11-73-80.
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The article is devoted to the issues of criminal liability of legal entities in the Republic of Latvia, established in 2005 by amending the Criminal Law of the Republic of Latvia. Attention is drawn to the fact that in the Latvian legislation a model of criminal liability is implemented, in which a legal entity is recognized not as a subject of a crime, but as a subject of criminal liability, to which measures of a coercive nature provided for by the Criminal Law are applied. At the same time, only legal entities of private law are subject to criminal liability, while the law does not provide for bringing public legal entities to criminal liability. The reasons for the application of enforcement measures to legal entities and the types of such measures are considered. It is indicated that compulsory measures against a legal entity can be applied for a criminal act if it was committed in the interests of the relevant legal entity, in its favor or as a result of improper supervision on its part by a responsible individual who acted individually or as part of a collegial body of a legal entity. In this case, a specially authorized person means a person who acted: on the basis of the right to represent a legal entity or act on its behalf; on the basis of the right to make decisions on behalf of a legal entity; or on the basis of the right to exercise control within a legal entity. The author considers the enforcement measures applied to legal entities (liquidation; restriction of rights; confiscation of property; monetary recovery), as well as criminal procedural issues of the application of compulsory measures to legal entities.
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Tanjevic, Natasa. "Society as a crime victim of legal entities." Temida 14, no. 2 (2011): 61–76. http://dx.doi.org/10.2298/tem1102061t.
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Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.
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Markuntsov, Sergey A., and Martin Paul Waßmer. "Die Einführung der strafrechtlichen Verantwortlichkeit juristischer Personen in Russland." osteuropa recht 65, no. 1 (2019): 93–105. http://dx.doi.org/10.5771/0030-6444-2019-1-93.
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This article examines considerations in the context of the introduction of criminal liability for legal entities - which is currently being discussed in Russia. It provides an historical overview of the discussions in this respect, and further sheds light on the contemporary practice of liability for legal entities in the Russian Federation, outlining the pros and cons of the institution of criminal liability for legal entities. Despite the fact that respective legislative draft laws were intiated in Russia, the country still remains one of the few countries in Europe where criminal liability for legal entities is currently not stipulated by law.
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Dinh, Thi Mai, Ngoc Thang Dinh, Thi Phuong Quynh Bui, and Anh Duc Nguyen. "Corporate criminal liability on environmental crimes in Vietnam." E3S Web of Conferences 203 (2020): 03014. http://dx.doi.org/10.1051/e3sconf/202020303014.
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From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.
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Власов, Илья, and Ilya Vlasov. "On Introduction in Russia of the Institute of Criminal Liability for Legal Persons (Corporations)." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14373.
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The number of European countries which have included into their national legislation the provision on criminal liability for legal persons (corporations) has been continuously growing. The following countries remain essential supporters of preserving criminal liability for individual guilt: Germany, Russia, Italy, and, may be, Poland, where after the adoption of the Law on Liability of Collective Entities for punishable offences, the Constitutional Tribunal in 1994 adopted the decision to consider this liability to be not criminal, but sui generis. Some Russian legal theorists were quick to support the tendency to recognize the practicability of introducing criminal liability for legal persons in spite of centuries-old traditions of liability for a personal guilt that is characteristic of the criminal law of the European continental countries. This can be explained by an excessive influence of the Anglo-Saxon common law countries, whose representatives went all out during the preparation of many international conventions to include into them the provisions that require establishing criminal liability for legal persons in national legislations of the European countries. But none of such conventions mentions the basis for criminal liability of legal persons. They fail to mention this fact, otherwise they would have to state that such liability suggests only strict liability. The author of the article tries to prove the irrelevancy of the above-mentioned type of liability in Russia with its rather effective administrative law and fairly solid provisions of the civil legislation which help to efficiently fight the damage incurred by legal persons (corporations) to different entities protected by the law. Introduction of the provisions on criminal liability for legal persons into the Russian criminal legislation touches upon the foundation on which all types of legal liability in this country are based on, as well as domestic centuries-old traditions, for it is not possible, without changing anything in the principal structure of the criminal responsibility, to simply include, without solid justification of the adopted changes, a new provision into the Criminal Code of the Russian Federation, in which only a range of criminal acts for which legal persons may be liable would be outlined, without indicating grounds for their criminal liability, in contrast with the grounds for the liability of physical persons.
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Schedrin, Nikolay V., and Alexey A. Vostokov. "Corporate Criminal Liability or Other Criminal Law Measures in Respect of Legal Entities?" Journal of Siberian Federal University. Humanities & Social Sciences 8, no. 10 (October 2015): 2100–2106. http://dx.doi.org/10.17516/1997-1370-2015-8-10-2100-2106.
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Pan Dunmei. "Criminal Liability of Legal Entities in China: Traditional Approaches and Modern Choices." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 613–22. http://dx.doi.org/10.17150/2500-4255.2020.14(4).613-622.
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Crime committed by a legal entity is an unavoidable social phenomenon in the process of modern socio-economic development in different countries of the world. The crime of a legal entity in modern Chinese criminal law is called a corporate crime. Since the establishment of the people's Republic of China until 1979, only the criminal liability of individuals has been recognized in the field of Chinese criminal law and criminal law theory. Corporate criminal responsibility in the People's Republic of China was established in a completely new historical context: with the development of the commodity economy and market economy in the new China, corporate crimes appeared in public life and gradually spread in the middle and second half of the 1980s, so that regulation through laws became a requirement for the Chinese society to function normally. In this social context, the Standing Committee of the All-China People's Congress has passed a number of laws that provide for corporate crimes. Before the Criminal Code of the People's Republic of China came into force of in 1997, corporate crimes already accounted for about one third of all offences stipulated in specific criminal and non-criminal laws, which lead to the final establishment of corporate criminal responsibility in the new Criminal Code of China. The author analyzes the problem of criminal liability for corporate crimes in the criminal law of the People's Republic of China from the standpoint of traditional theory, as well as predicts the appropriate trends in the future development of theoretical approaches to bringing legal entities to criminal responsibility in a risk society. According to the author, in a risk society, effective prevention of risks in the activities of legal entities is inseparable from the efforts of legal entities themselves, and criminal law, as one of the tools for risk distribution, is aimed primarily not at punishment, but at increasing the motivation of legal entities to achieve this.
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Квашис, Виталий, Vitaliy Kvashis, Юлия Случевская, and Yuliya Sluchevskaya. "Institute of Criminal Liability of the Legal Entities as a New Stage of Development of the Criminal Law." Journal of Russian Law 4, no. 12 (December 5, 2016): 0. http://dx.doi.org/10.12737/22723.
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The prerequisites for the formation of the Institute of criminal liability of legal entities are under consideration of present article. The author has assessed the current conditions which can affect this institute and has examined the role of this institution in common and civil systems of law. Preconditions of formation of this Institute of the criminal liability of legal entities can be as external, which consists of combining factors of formation of qualitatively new social relations, as internal, due to existing provisions of the Russian legislation. The first group of prerequisites is related to the development of social consciousness, complication of technological processes and economic relations, the processes of globalization. The second group includes the obligations caused by the state participation in international agreements, the norms of existing national legislation, defining characteristics of a legal entity, and existing elements of criminal-legal influence concerning legal entities in the criminal law. The author has noted that the existing provisions of the Russian legislation are not an obstacle to the introduction of this institute and concluded that further development of the Institute of criminal liability of legal entities in the domestic legislation related to the scientific rationale of its relationships to existing elements of the national legal system. In this context the presence of a social conditions is essential, such conditions can help to effective functioning of the mechanisms of self-regulation and control of legal entities.
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Dvoretskiy, Mikhail. "Crime prevention through criminal liability of legal entities: problems of theory and law enforcement practice." Current Issues of the State and Law, no. 14 (2020): 216–24. http://dx.doi.org/10.20310/2587-9340-2020-4-14-216-224.
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We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable ex-perts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations pro-viding for the introduction of criminal liability of legal entities in the legisla-tion of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the com-mission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.
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Sheirenov, Zhanatbek Nurlanovich. "Grounds for finding a legal entity to be the subject of criminal liability for corruption crimes." Право и политика, no. 7 (July 2020): 92–104. http://dx.doi.org/10.7256/2454-0706.2020.7.32962.
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The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law’s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption.
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Porayko, Vasily V. "Prospects of criminal liability of legal entities for crimes in the sphere of entrepreneurial activity in the context of the princi-ples of russian criminal law." Yugra State University Bulletin 15, no. 4 (January 11, 2020): 47–54. http://dx.doi.org/10.17816/byusu2019447-54.
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Abstract. The article critically analyzes the arguments of the proponents of introducing the possibility of criminal liability of legal entities into the Russian legislation.the Author gives additional arguments in favor of the fact that the introduction of the Institute of criminal liability of legal entities into the domestic legislation contradicts the principles of Russian criminal law and the doctrine of the subjective side of the crime. The scientist speaks in favor of the need to improve the effectiveness of existing legal instruments to counter socially dangerous acts committed by legal entities. The proposal is made to fix in the legislation the procedure of compulsory liquidation of a legal entity that acted as an instrument of committing a crime.
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Fedorov, Aleksandr V. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SOCIALIST REPUBLIC OF VIETNAM." Russian investigator 10 (October 8, 2020): 73–80. http://dx.doi.org/10.18572/1812-3783-2020-10-73-80.
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The article is devoted to the issues of criminal liability of legal entities in the Socialist Republic of Vietnam (SRV), established by the Criminal Code of SRV 2015, which entered into force on January 1, 2018.It is noted that not any legal entities can be prosecuted in Vietnam, but only those of them, which are recognized as commercial (corporate) legal entities. The Criminal Code of Vietnam defines a crime of a commercial legal entity as an act dangerous to society and provided for by the criminal code, committed intentionally or unintentionally by a commercial legal entity, infringing on relations protected by the criminal code. Thus, a commercial legal entity is recognized as the subject of a crime. It is pointed out that in Vietnam there is a so-called “secondary” or “selective” criminalization, when acts recognized as crimes are determined in the national law, and then from the existing list of crimes those for which legal entities may be criminalized are determined. In total, at present, such responsibility is provided for crimes provided for by 33 articles of the Special Part of the Criminal Code of Vietnam. A commercial legal entity bears criminal responsibility in cases when: the crime is committed on behalf of a commercial legal entity; the crime was committed in the interests of a commercial legal entity; the crime was committed at the direction of the body (administration) of a commercial legal entity or in accordance with its decision. Penalties applied to commercial legal entities are given, and a brief description of some of them is given.
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Fedorov, Aleksandr Vyacheslavovich. "On the issue of introduction of criminal responsibility of juridical persons for corruption crimes." Juridical world 12 (February 13, 2014): 43–47. http://dx.doi.org/10.18572/1811-1475-2014-12-43-47.
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The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.
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Abzalova, Khurshida Mirziyatovna. "Subject Of A Crime Under French Criminal Legislation." American Journal of Political Science Law and Criminology 03, no. 01 (January 26, 2021): 63–68. http://dx.doi.org/10.37547/tajpslc/volume03issue01-10.
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This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.
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Шеслер, Александр. "Проблемы установления уголовной ответственности юридических лиц в российском уголовном законодательстве." Всероссийский криминологический журнал 11, no. 2 (2017): 361–69. http://dx.doi.org/10.17150/2500-4255.2017.11(2).361-369.
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Федоров, Александр, and Aleksandr Fedorov. "Criminal Responsibility of Legal Persons for Corruption-Related Crimes." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7249.
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The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences of the Russian Federation) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.
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Seyed Ibrahim Ghodsi, and Mohamad Sadegh Farajpoor. "A NOTE ON CRIMINAL LIABILITY OF LEGAL ENTITIES IN IRANIAN LAW." Researchers World : Journal of Arts, Science and Commerce VIII, no. 3(1) (July 1, 2017): 45–51. http://dx.doi.org/10.18843/rwjasc/v8i3(1)/07.
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Herinean, Dorel. "Considerente teoretice privind formarea legăturii subiective în cazul răspunderii penale a persoanelor juridice." Analele Universitării din București Drept 2019 (March 26, 2020): 134–50. http://dx.doi.org/10.31178/aubd.2019.14.
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"The present article has the goal of studying the modalities in which the subjective connection is formed between the legal entities and natural persons who act on their interest, main activity or in their name. The analysis is based on a classification between the natural persons who can hold the legal entities criminally liable, respectively the decision-makers and the executants. The decision-makers are the ones who dictate the direction of the legal entity and form its will, while the executants are the persons who do not have any decision-making power, but whose action is capable of holding the legal entities criminally liable. In addition, another distinction that is used in this analysis is the one between the subjective and objective stage in which the guilt and the criminal liability of the legal entity is formed. Starting from these discussions, the analysis is performed in a structured way, in which the interactions between natural persons and legal entities are verified, problems are proposed for discussions and, on some occasions, solutions are proposed related to which guilt forms and participation forms could be incident. Finally, a general proposal of regulation is included for the problem of the criminal participation of legal entities, but only as a step subsequent to a constant jurisprudence in the matter, in which is also analysed the form of participation of the convicted legal entities, as well as subsequent to the extensive analysis, by the legal literature, of the criminal law specific problems related to the dynamics of the relationship between legal entities and natural persons."
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PROKEINOVÁ, MARGITA, and NATÁLIA HANGÁČOVÁ. "MONEY LAUNDERING FROM THE POINT OF VIEW OF THE SLOVAK AND RUSSIAN LEGISLATION." Sociopolitical sciences 10, no. 2 (April 30, 2020): 95–102. http://dx.doi.org/10.33693/2223-0092-2020-10-2-95-102.
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The article analyzes strategy regarding anti-money laundering policy in the Slovak Republic and the Russian Federation. Article also emphasises fight against money-laundering at the international level. Money laundering is the process of concealing illegal origin of money and bringing appearance of legality to money deriving from criminal activities. States have eminent interest to prevent such activities from occurring. Article focuses on the Slovak legislation concerning anti-money laundering including criminal liability of legal entities. Law which would enact criminal liability of legal entities in the Russian Federation was not adopted yet. Authors came to conclusion that legal acts of the Slovak Republic and the Russian Federation are similar but in certain areas they differ. One significant difference has been observed by authors.
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Miroshnychenko, S. S. "LIABILITY OF LEGAL ENTITIES (IN THE CONTEXT OF REFORMING NATIONAL CRIMINAL LAW)." South Ukrainian Law Journal, no. 1 (2021): 8–13. http://dx.doi.org/10.32850/sulj.2021.1.2.
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Soltani, Samira, and Ahmad Ramazani. "Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities." Journal of Politics and Law 9, no. 6 (July 31, 2016): 61. http://dx.doi.org/10.5539/jpl.v9n6p61.
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One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.
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Stewart, James G. "A Pragmatic Critique of Corporate Criminal Theory." New Criminal Law Review 16, no. 2 (2013): 261–99. http://dx.doi.org/10.1525/nclr.2013.16.2.261.
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Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers. This article criticizes all sides of these debates, using examples from the frontiers of international criminal justice. In particular, it highlights the shortcomings of corporate criminal theory to date by examining the latent possibility of prosecuting corporate actors for the pillage of natural resources and for complicity through the supply of weapons. Throughout, the article draws on principles derived from philosophical and legal pragmatism to reveal a set of recurring analytical flaws in this literature. These include: a tendency to presuppose a perfect single jurisdiction that overlooks globalization, the blind projection of local theories of corporate criminal responsibility onto global corporate practices, and a perspective that sometimes seems insensitive to the plight of the many who have fallen victim to corporate crime in the developing world. To begin anew, we need to embrace a pragmatic theory of corporate criminal liability that is forced upon us in a world as complex, unequal, and dysfunctional as that we presently inhabit.
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Bezverkhov, A. G., and B. Krivokapich. "The counteraction to legalization (laundering) of criminal incomes: a comprehensive legal approach." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 194–204. http://dx.doi.org/10.17803/2311-5998.2020.74.10.194-204.
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The problem of money laundering in socio-economic, criminological, international legal, comparative legal, criminal law and general legal (intersectoral) aspects. It is shown that “money laundering” accompanies the development of a society with a market-based management organization, where mechanisms are in place to ensure the transparency of economic turnover. It is proved that “laundering” is closely related to various types of criminal behavior, provokes their growth, “feeds” on other criminal sources. It has been established that the prevention of money laundering should be joint for the international community and, whenever possible, be carried out through the development of the same rules for combating money laundering. It is argued that modern Russian criminal law is faced with the need to improve the legal structure of the “laundering” of criminal proceeds in order to ensure the stability of legal regulation. In addition, the statement of the question of the feasibility and necessity of adopting federal laws on combating organized crime and on the criminal liability of legal entities that are important in the field of combating the legalization (laundering) of criminal proceeds is substantiated.
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Karimi, Fatemeh, and Mohammad Ali Ardebili. "Criminal Liability for other Behavior by Looking at Vote in Courts." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (September 5, 2021): 220. http://dx.doi.org/10.18415/ijmmu.v8i9.3018.
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Despite the fact that crime and punishment are personal, in answer to the question of whether other persons besides the perpetrators of the crime are responsible? According to the circumstances, a positive answer can be given. Over time, with the qualitative growth of laws, Vicarious liability was formed. Until 2013, the criminal liability of legal entities existed exceptionally in scattered laws. Legal doctrine has proposed different theories in this regard, which in general can be divided into two categories: "Fault doctrine" and " Risk doctrine ". Iranian law, according to the votes of the courts before and after the Islamic Revolution, is more inclined to the first theory; At the same time, in a few votes, the opposite opinion can be seen. The purpose of this study is to investigate the status of the principle of criminal liability due to other behavior in Iranian law which is obtained based on the method of describing and analyzing legal materials and judicial opinions.
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Medar, Suzana. "The conception of legal responsibility in the opus of Hans Kelsen and Toma Živanović." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 101–17. http://dx.doi.org/10.5937/zrpfn0-28657.
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The concept of legal responsibility (liability) implies a violation of the dispositive norm and subjecting the offender to envisaged sanctions. Legal responsibility is based on three key elements: the subject, the object, and the legal grounds of responsibility. The legal state (Rechtsstaat) is inconceivable without responsibility, which is present in all areas of law. In constitutional law, it is reflected in the legal and political responsibility of the state authorities. Civil and criminal liability differ in terms of sanctions. In civil law, there is subjective liability based on culpability and objective (strict) liability. As a consequence of committing a crime, criminal liability includes two elements: sanity and guilt. While guilt is a subjective element of a crime which cannot be avoided, criminal liability can be avoided. According to Kelsen, the subject of legal responsibility and the legal obligation are equivalent. He distinguishes between subjective liability based on culpability and absolute (objective) liability. This distinction rests on the individualistic ideal of justice. Logically, the sanctions also differ in these two cases. Kelsen also recognizes collective responsibility (especially of legal entities), which is always absolute. In civil law, the subject of obligation and the subject of liability correspond. Živanović provides detailed accounts on the concepts of delict, delinquent, and sanction. According to Živanović, a delict (in all branches of law) is a violation or endangerment of a subjective right. A delinquent, i.e. the infringer of legal norms, is the object of sanction. In analyzing the concept of sanction, he identifies seven distinctive elements of a sanction. The comparison of Kelsen and Živanovic's conceptions of legal responsibility yields notable results. Both authors were aware of many aspects of legal responsibility. In spite of the obvious terminological differences, they essentially discuss the same legal issues. When observed jointly, these two authors provide a wide-branching "scheme" of both legal responsibility in general and area-specific liability in particular.
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Bytko, Yu I. "WHY HAS NOT RUSSIA ADOPTED THE LAW ON CRIMINAL LIABILITY OF LEGAL ENTITIES YET?" Вестник Пермского университета. Юридические науки, no. 44 (2019): 352–73. http://dx.doi.org/10.17072/1995-4190-2019-44-352-373.
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Bandeira, G. N. Cerqueira Sopas de Melo. "“Corruption” and social and economic criminal law: Criminology, criminal policy, political science and law & economics – A new idea about criminal liability of legal entities." Tékhne 11, no. 2 (July 2013): 105–13. http://dx.doi.org/10.1016/j.tekhne.2013.10.002.
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Kadriu, Alban. "CRIMINAL LIABILITY OF LEGAL PERSONS IN R. OF MACEDONIA." Knowledge International Journal 28, no. 6 (December 10, 2018): 1947–52. http://dx.doi.org/10.35120/kij28061947a.
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Otherwise the subject of justice of a person with whom a person earns from his birth, a legal person is a product of the written law. In general, a legal entity is usually an organization that has ownership, economic activity, operational management, property and liability of its obligations with that property. Legal persons have their own will, their property they own and are responsible for their actions, which allows not being confused with the property of the people who founded it, nor of the will of all the people who work in it. Legal persons have an important role in everyday life. They are present and active in every field, because the legal system recognizes them as subjects of law.As an artificial creation created by law, a legal person also serves to create different collective goals and interests in society. However, it is important to note that all organizations, associations, institutions, etc., which exist today in the Republic of Macedonia, which have the property and organization of people working there, are not considered as legal entities. For this, the organization, company or the status of a legal person or the same should be foreseen in the state legal order. Criminal law in a country must, above all, serve the citizens, namely to assure their personal security and respect for human rights and fundamental freedoms, with proper functioning and due respect, above all of state bodies, but also of others. to enable citizens a peaceful life on the one hand, and on the other hand, the state will provide opportunities and a range of tools for maintaining the peace and well-being of citizens.From this we can conclude that if the offense is committed outside of the authority given to a natural person in this case the legal person can not be held responsible, but if the same case and despite being carried out outside the authorization is carried out in favor of the person legal entity in this case the legal person appears as an accomplice in the crime and to decide on his responsibility is the sufficient fact that the benefits he takes for himself or shares with his bailiff, noting the fact that the legal person and the person in charge of the person are collaborators of crime.From the criminal liability, the only excluded is the country by simple reason which would be illogical or with other words the state only accounts for themselves and their actions, while local governments are responsible only for offenses committed outside their public powers.
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Mitrović, Ljubinko. "Odgovornost pravnih lica za prekršaj / Misdemeanor Liability of Legal Entities." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 39. http://dx.doi.org/10.7251/gfp1606039m.
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According to the provisions of the newest Law on Misdemeanors of the Republic of Srpska, for misdemeanor offence the following categories of rights holders can be held responsible: physical body, (independent) entrepreneur/contractor, legal body, responsible person within the legal body and responsible person within the state authority, republic authority and local self-government authority units. Against the listed offenders different misdemeanor offence sanctions can be applied (under Article 36 of the mentioned Law), thus, the legal body, under legally provided conditions, can be sanctioned for misdemeanor offence as follows: monetary fine, measure of warning, protective measures involving object confiscation and prohibition to perform a business activity, along with non-penal measures involving property gains seizure and damage recovery. Liability of legal bodies for misdemeanors perpetrated, in the same way as it is foreseen in criminal justice, is based on so-called, objective liability, that is, the fact that a misdemeanor was caused and causal relations between the misdemeanor action and consequence of that action. Liability of legal persons for perpetrated misdemeanor are elaborated in this paper.
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Guzeeva, O. S. "The Subjects of Constitutionalization of Criminal Law." Pravosudie / Justice 2, no. 2 (June 11, 2020): 170–94. http://dx.doi.org/10.37399/issn2686-9241.2020.2.170-194.
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Introduction. The constitutionalization of criminal law, assuming the proper implementation in the theory and practice of criminal law regulation of constitutional principles and values, is a conscious, controlled process that has a strictly defined group of entities with their respective roles. Internally, the complex issue of the subjects of constitutionalization of criminal law has not yet been scientifically considered, which makes addressing the problem significant and timely. Theoretical Basis. Methods. The study is based on two major theoretical concepts developed by domestic experts: the theory of constitutionalization of the branches of law and the theory of systemic relations of criminal law. The methods of systems analysis, the method of constitutional examination, the analytical method, modelling and forecasting – all were used in this work. Results. The constitutionalization of criminal law presupposes the coordinated work of all state bodies to translate constitutional norms and principles into criminal law and practice. Moreover, each of the subjects of constitutionalization fulfills its functional role in this process. The institutional constitutionalization mechanism of criminal law, which is considered from an institutional point of view, includes: conducting a legal (including conformity with the Constitution of the Russian Federation) examination of draft criminal laws in the State Duma; conducting a legal examination of adopted criminal laws in the Federation Council, and interpreting criminal laws on the subject their compliance with the Constitution of the Russian Federation by courts of general jurisdiction; a ban on the application of criminal laws that are doubtful from the point of view of the court; an appeal to the Constitutional Court with a request for constitutional assessment; verification of the constitutionality of the criminal law in the Constitutional Court of the Russian Federation, and the execution of its decisions by the legislator and enforcer. Discussion and Conclusion. Understanding the subjects of constitutionalization of criminal law and their powers enables us to identify weaknesses in the organization of this process, and to outline ways of optimising it. Among them, of particular importance are the conduct of a constitutional examination of draft laws on criminal liability, systematization of the legal positions of the Constitutional Court of the Russian Federation on criminal law issues, and the formation of a constitutional and legal awareness of the law enforcement.
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Guzeeva, O. S. "The Subjects of Constitutionalization of Criminal Law." Pravosudie / Justice 2, no. 2 (June 11, 2020): 170–94. http://dx.doi.org/10.37399/issn2686-9241.2020.2.170-194.
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Introduction. The constitutionalization of criminal law, assuming the proper implementation in the theory and practice of criminal law regulation of constitutional principles and values, is a conscious, controlled process that has a strictly defined group of entities with their respective roles. Internally, the complex issue of the subjects of constitutionalization of criminal law has not yet been scientifically considered, which makes addressing the problem significant and timely. Theoretical Basis. Methods. The study is based on two major theoretical concepts developed by domestic experts: the theory of constitutionalization of the branches of law and the theory of systemic relations of criminal law. The methods of systems analysis, the method of constitutional examination, the analytical method, modelling and forecasting – all were used in this work. Results. The constitutionalization of criminal law presupposes the coordinated work of all state bodies to translate constitutional norms and principles into criminal law and practice. Moreover, each of the subjects of constitutionalization fulfills its functional role in this process. The institutional constitutionalization mechanism of criminal law, which is considered from an institutional point of view, includes: conducting a legal (including conformity with the Constitution of the Russian Federation) examination of draft criminal laws in the State Duma; conducting a legal examination of adopted criminal laws in the Federation Council, and interpreting criminal laws on the subject their compliance with the Constitution of the Russian Federation by courts of general jurisdiction; a ban on the application of criminal laws that are doubtful from the point of view of the court; an appeal to the Constitutional Court with a request for constitutional assessment; verification of the constitutionality of the criminal law in the Constitutional Court of the Russian Federation, and the execution of its decisions by the legislator and enforcer. Discussion and Conclusion. Understanding the subjects of constitutionalization of criminal law and their powers enables us to identify weaknesses in the organization of this process, and to outline ways of optimising it. Among them, of particular importance are the conduct of a constitutional examination of draft laws on criminal liability, systematization of the legal positions of the Constitutional Court of the Russian Federation on criminal law issues, and the formation of a constitutional and legal awareness of the law enforcement.
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Hai, Ngoc, Hoai Le, and Andrey Petrovich Skiba. "On the execution of punishments against legal entities and other changes in the Criminal and Penal legislation of the Socialist Republic of Vietnam in 2019." International penitentiary journal 2, no. 2 (September 23, 2020): 76–81. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).2.076-081.
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The article is devoted to the changes in the Law on the execution of criminal penalties of the Socialist Republic of Vietnam and the Criminal Code of the Socialist Republic of Vietnam in 2019. The main focus is on the regulation of criminal liability and the procedure for punishments execution in respect of commercial legal entities. The following issues are also analyzed: the right of a seriously ill convict to request a medical examination; additions to the category of separately held convicts at the expense of homosexuals, transsexuals and persons with uncertain gender; specification of the legal status of those sentenced to imprisonment (ensuring their safety, realization of their right to freedom of conscience and religion, to get a job in a penitentiary institution, apply for early release from serving a sentence, etc.). It is concluded that the changes in the Criminal and Penal legislation of the Socialist Republic of Vietnam in 2019 increase the effectiveness of criminal penalties execution.
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GOLDMAN, DIEGO HERNÁN. "COMPLIANCE Y REGÍMENES SANCIONATORIOS DE LAS PERSONAS JURÍDICAS: ALGUNAS CONSIDERACIONES ECONÓMICAS." YachaQ Revista de Derecho, no. 10 (December 30, 2019): 21–38. http://dx.doi.org/10.51343/yq.vi10.379.
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La problemática de la responsabilidad penal o administrativa de las personas jurídicas y el estudio de los programas de compliance penal son cuestiones de creciente interés en la literatura jurídica hispanoamericana. El análisis de estos tópicos, sin embargo, es frecuentemente abordado desde una perspectiva dogmática que deja de lado el análisis de las implicancias materiales de estas herramientas jurídicas. En el presente trabajo, abordaremos el estudio de la responsabilidad de las personas jurídicas y del compliance penal atendiendo, particularmente, a sus efectos en aspectos tales como la disuasión de la criminalidad económica, los procesos de toma de decisiones en las empresas, el nivel de actividad económica y el funcionamiento de los mercados de bienes y servicios. Para ello, recurriremos a las herramientas brindadas por disciplinas como el análisis económico del derecho y la teoría de juegos.
The problem of criminal or administrative liability from legal entities and the study of criminal compliance programs are issues of growing interest about the Spanish-American legal literature. The analysis of these topics, however, is frequently approached from a dogmatic perspective that neglects the analysis of the material implications from these legal tools. In this paper, we will address the study of the liability of legal entities and criminal compliance, having particular attention to their effects in aspects such as the deterrence of white collar crime, decision-making processes in companies, the level of economic activity and the functioning of the markets for goods and services. For this we will appeal to the tools provided by disciplines such as the law & economics and game theory.
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Pudovochkin, Yu E., and N. V. Genrikh. "Constitutional Grounds of Exemption from Criminal Liability." Rossijskoe pravosudie 5 (April 17, 2020): 76–95. http://dx.doi.org/10.37399/issn2072-909x.2020.5.76-95.
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Problem statement. The leading trend in the development of the criminal law branch as a whole and its individual institutions, including the institution of exemption from criminal liability, is the constitutionalization of legal provisions and their enforcement practices. An important role in this process is played by the Constitutional Court of the Russian Federation, which by its decisions determines the constitutional foundations of the interpretation and application of criminal provisions. To date, a significant amount of information has been accumulated that defines the initial principles of regulation of legal relations related to exemption from criminal liability. However, highlighted problem is not properly analyzed in modern science. This sets out the need to generalize the practice of the Constitutional Court of the Russian Fede ration and to systematically present its legal positions that identifies the constitutionally significant content of the institution of exemption from liability. Goals and objectives of the study. To generalize, systematize and analyze the legal positions of the Constitutional Court of the Russian Federation on the problems of designing and applying the institution of exemption from criminal liability. Methods. A study of judicial practice is based on the use of classical methodological principles of complexity, comprehensiveness and subsidiarity. The method of system analysis, logical, documentary methods, analysis and synthesis are also applied in this article. Results, brief conclusions. The Constitutional Court of the Russian Federation legitimizes the institution of exemption from criminal liability, taking into account, inter alia, its following constitutionally significant characteristics: a decision on exemption from liability is not an act that establishes the guilt of the accused; such a decision can only be made with the consent of the person who committed the crime; disagreement of the accused with the possibility of applying other legal consequences of the termination of the criminal case to him, is tantamount to disagreement with the application of the institution of exemption from liability in general; if the accused does not object to the termination of the criminal prosecution, there is no reason to consider his rights and legitimate interests violated by the decision to terminate the criminal case; upon exemption from criminal liability, the state is not entitled to leave the interests of victims of crimes without protection.
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HERNÁN GOLDMAN, DIEGO. "COMPLIANCE Y REGÍMENES SANCIONATORIOS DE LAS PERSONAS JURÍDICAS: ALGUNAS CONSIDERACIONES ECONÓMICAS." YachaQ Revista de Derecho, no. 10 (March 8, 2021): 21–38. http://dx.doi.org/10.51343/yq.vi10.606.
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RESUMEN: La problemática de la responsabilidad penal o administrativa de las personas jurídicas y el estudio de los programas de compliance penal son cuestiones de creciente interésen la literatura jurídica hispanoamericana. El análisis de estos tópicos, sin embargo, es frecuentemente abordado desde una perspectiva dogmática que deja de lado el análisis de lasimplicancias materiales de estas herramientas jurídicas. En el presente trabajo, abordaremosel estudio de la responsabilidad de las personas jurídicas y del compliance penal atendiendo,particularmente, a sus efectos en aspectos tales como la disuasión de la criminalidad económica, los procesos de toma de decisiones en las empresas, el nivel de actividad económica y elfuncionamiento de los mercados de bienes y servicios. Para ello, recurriremos a las herramientas brindadas por disciplinas como el análisis económico del derecho y la teoría de juegos.ABSTRACT: the problem of criminal or administrative liability from legal entities and the studyof criminal compliance programs are issues of growing interest about the Spanish-Americanlegal literature. The analysis of these topics, however, is frequently approached from a dogmatic perspective that neglects the analysis of the material implications from these legal tools. Inthis paper, we will address the study of the liability of legal entities and criminal compliance, having particular attention to their effects in aspects such as the deterrence of white collar crime,decision-making processes in companies, the level of economic activity and the functioning ofthe markets for goods and services. For this we will appeal to the tools provided by disciplinessuch as the law & economics and game theory.
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Himmelreich, Antje. "Ein Vierteljahrhundert russisches Strafgesetzbuch: Entstehung, Überblick, Entwicklung." osteuropa recht 66, no. 3 (2020): 344–79. http://dx.doi.org/10.5771/0030-6444-2020-3-344.
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After the collapse of the Soviet Union in the early 1990 s, the Criminal Code of the Russian Federation was enacted only in 1996 after long-lasting political struggles. The main priority of the criminal law changed: protection of a person instead of protection of state became the main target. Since that time the Russian Criminal Code was amended 255 (!) times. Special Part of the Code received 123 new articles. The majority of criminal offences was reformed many times, often at short intervals. Part of legal academia regards the numerous changes as a de facto enactment of “new criminal code”. Russian criminal law is regarded as instable. In general, one can identify two main tendencies of the reforms. On the one hand, the penalties for grave and particularly grave offences were aggravated. This development is partly owed to internationalisation of the Russian criminal law - in particular to the adaptation of the requirements of the Council of Europe since 1997. Organised crime, terrorism, extremism, corruption, crimes against minors are just a few examples of new offences provided in the Code. On the other hand, Russian criminal law decriminalises or decreases the penalty for minor offences. The liberalisation of criminal law with regard to economic crimes is part of the latter development. The main target of the liberalisation is to minimise the “unjust pressure” upon the business community by means of criminal law. Despite international success, Russia did not introduce corporate criminal law. The main critical point is the irreconcilability of the corporate criminal law with the fault principle of the Russian criminal law. Hence, Russian law provides for liability of legal entities only in the framework of administrative law. Numerous amendments to the classification of criminal offences, systems of sentencing and penalisation in the General Part of the Criminal Code have substantively contributed to the humanisation of criminal law. Notably, capital punishment is not formally abolished in Russian law. However, the decision of the Constitutional Court of the Russian Federation of November 2009 prohibits its imposition.
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Zaleckis, Romualdas. "UNUSED POSSIBILITIES OF DETECTIVE ACTIVITIES." Administrative and Criminal Justice 2, no. 79 (June 30, 2017): 15. http://dx.doi.org/10.17770/acj.v2i79.2807.
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Legal regulation of Lithuanian, Latvian, Russian private detectives activities provide additional opportunities for private detectives to create added value in their practice. Special laws of the countries in question that regulate their activities, give private detectives exclusive rights to provide detective services, therefore activities of other entities in this field is considered unlawful, and carries administrative and criminal liability. Another important statutory regulatory aspect of detective activities is that detectives can be recognized by law, within certain boundaries, to legally collect information about another persons private life, which is completely forbidden for any other private individual and collecting another person's private information, caries criminal and civil liability. And so the legislator has strictly limited the amount of entities that can provide services within the scope of detective activities and the content they are allowed to handle. The author presents two types of services as an example: the search of a debtor and his assets, a person's solvency and reliability evaluation. It is recommendable to employ educational measures to expand market demand for legal services that only detectives have the right to provide.
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Vladimir Valentinovich Kozhevnikov. "Is There Material Liability of Workers and Employees as a Type of Legal Liability in Contemporary Russian Law and Legislation?" SIASAT 6, no. 1 (January 29, 2021): 9–20. http://dx.doi.org/10.33258/siasat.v6i1.85.
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The subject of this article is the social relations regulated by the legal institution of material responsibility of workers and employees. The purpose of the article is the argumentation of the position according to which material liability does not have the status of legal liability. To achieve this goal, the following tasks were implemented: 1) the positions of the overwhelming number of supporters - theorists of law and scientists of labor law - were considered - recognition of material responsibility as one of the types of legal responsibility, along with criminal law, administrative law, etc., which is interpreted as compensation for harm caused to a worker or employee to an enterprise (organization, institution): 2) the views of scientists (Anatoly Borisovich Vengerov, Mikhail Mikhailovich Rassolov, Magomed Imranovich Abdulaev), who do not recognize material responsibility as a type of legal responsibility, have been analyzed; 3) analyzed approaches to understanding legal responsibility; 4) the author's position of understanding legal responsibility and its signs is given, focusing on such as the onset of negative consequences, imposing new additional duties on the offender; 5) the problem of correlation of legal liability measures and protection measures is considered. In conclusion, it is concluded that the identification of measures of legal responsibility and measures of protection have led, first, to an incorrect definition of civil liability, with which material liability is often compared; secondly, the controversial allocation of both the legal function of legal responsibility and material responsibility as a kind of legal responsibility, which, despite its consolidation in labor legislation, in our opinion, in its essential and substantive characteristics refers to protection measures. The scientific article also emphasizes that the problem of distinguishing between legal liability and protection measures is extremely important for law enforcement entities, who must adequately understand what measures of state-legal coercion they apply, which thereby realize their goals. At the same time, they should keep in mind that in practice the named types of state legal coercion are often applied simultaneously (for example, a civil suit in criminal proceedings).
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Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Procaccia, Uriel, and Eyal Winter. "Corporate Crime and Plea Bargains." Law & Ethics of Human Rights 11, no. 1 (May 8, 2017): 119–33. http://dx.doi.org/10.1515/lehr-2017-0004.
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Abstract Corporate entities enjoy legal subjectivity in a variety of forms, but they are not human beings. Hence, their legal capacity to bear rights and obligations of their own is not universal. This article lays out a stylized model that explores, from a normative point of view, one of the limits that ought to be set on corporate capacity to act “as if” they had a human nature − the capacity to commit crime. Accepted wisdom states that corporate criminal liability is justified as a measure to deter criminal behavior. Our analysis supports this intuition in one subset of cases, but also reveals that deterrence might in fact be undermined in another subset of cases, especially in an environment saturated with plea bargains involving serious violations of the law.
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Kleandrov, Mikhail I. "ON THE SYSTEM OF LEGISLATION ON ADMINISTRATIVE OFFENCES, ADMINISTRATIVE COURTS AND ADMINISTRATIVE VIOLATION." Proceedings of the Institute of State and Law of the RAS 15, no. 1 (April 30, 2020): 42–58. http://dx.doi.org/10.35427/2073-4522-2020-15-1-kleandrov.
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The article deals with the issues of offences in the field of criminal and administrative law. The author draws attention to the fact that those types of legal proceedings (including criminal and administrative) which are proclaimed in Part 2 of Art. 118 of the Constitution of the Russian Federation are not equivalent from the procedural perspective. The Criminal Procedure Code of the Russian Federation is a unified federal procedural legislative act. While administrative legal proceeding is based on the Code of Administrative Judicial Procedure of the Russian Federation and the Arbitration Procedural Code of the Russian Federation — for economic disputes arising from administrative legal relations, the Code of Administrative Offenses of the Russian Federation (which will soon be replaced by a new one together with a separate one — fundamentally new Procedural Code of Administrative Offenses of the Russian Federation) and a number of other acts, including acts of constituent entities of the Russian Federation. Meanwhile, at the very beginning of this century, the State Duma developed and in the first reading adopted a draft federal law on administrative courts in the Russian Federation, which a few years later was excluded from the plan of legislative work of the State Duma due to, as the author believes, the absence of an appropriate procedural law. The unity of understanding of offences in the administrative and criminal fields is based on the fact that in both cases it is a socially dangerous act, the difference is only in the degree of public danger. Moreover, each of these types of offences is divided into a number of subspecies — also depending on the degree of public danger. In this connection the legalization of a criminal infraction as well as the introduction of criminal liability of legal entities would be appropriate within the framework of the issue under consideration. Then it will make possible legislative consolidation (in its final form) of a single "line" of offences, differentiated in detail (at about ten "categories") depending on the degree of public danger of each of the "categories", with a simultaneous (also a single law) legal procedural basis for regulating the procedure for considering cases of offenses
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Anisimov, Dmytro. "Actor of illegal influence on results of official sports competitions." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 233–37. http://dx.doi.org/10.31733/2078-3566-2020-1-233-237.
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In the article based on the analysis of the Criminal Code of Ukraine, the Law of Ukraine "On Prevention of the Impact of Corruption Offenses on the Results of Official Sports Competitions" No. 743-VIII of November 03, 2015, the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on the Implementation of the Liberalization Action Plan European Union Visa Regime for Ukraine concerning Liability of Legal Entities »No 314-VII of May 23, 2013, the subject of illegal influence on the results of official sports competitions was conducted. Publications in the media are a promising source of information in the detection of crimes in the field of physical culture and sports. The article investigated some of the available crime reports on the Internet, which suggest that the results of official sports events will be unlawfully affected. For the first time, the article proposes to provide for criminal-law measures against legal entities as the responsibility for unlawful influence on the results of official sports competitions. According to the results of the study, it is established that the subject of the crime under Part 1 and Part 2 of Art. 369-3 of the Criminal Code of Ukraine may be a general actor: a natural convicted person who, at the time of committing the crime, was sixteen years of age, and under Part 3 of Art. 369-3 of the Criminal Code of Ukraine – a special actor, namely: athlete - an individual who systematically engages in a certain type (s) of sport recognized in Ukraine and participates in sports events; Personnel of auxiliary sports personnel - any coach, mentor, manager, agent, team worker, team official, medical and other personnel who serve or treat athletes who participate or prepare for sports competitions; sports official - owner, shareholder, manager or employee of a legal entity that organizes and facilitates sports competitions, as well as persons authorized to hold official sports events, executives and employees of an international sports organization, other competent sports organizations that recognize the competition. In order to ensure the unity of terminology, it is proposed to exclude the word "directly" from Part 2 of Art. 6 of the Law of Ukraine “On Preventing the Impact of Corruption Offenses on the Results of Official Sports Competitions”. In a note to Art. 369-3 of the Criminal Code of Ukraine, replace the word "subject" with "subjects", or separate part 3 of Art. 369-3 in a separate article to minimize confusion. Due to the fact that the legal influence on the results of official sports competitions can be made by legal entities, it is proposed to add Art. 369-3 of the Criminal Code of Ukraine to the list of articles for which according to Art. 96-3 of the Criminal Code of Ukraine may apply measures of a criminal nature.
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Rosediana, Mutia Karin. "Foundation Management's Liability for the Criminal Action of Foundation Funds Abusing Justice for All (YKUS)." International Journal of Multicultural and Multireligious Understanding 8, no. 5 (May 2, 2021): 316. http://dx.doi.org/10.18415/ijmmu.v8i5.2672.
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This type of research used in this research is normative analysis legal research. By using primary and secondary legal materials, along with tertiary legal materials as supporting materials. Foundations are regulated in Law Number 16 of 2001 concerning Foundations (Law No. 16-2001) and amendments to Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations (Law No. 28-2004). Then followed up with Government Regulation Number 63 of 2008 and Government Regulation Number 2 of 2013 concerning Amendments to Government Regulation Number 63 of 2008 concerning Implementation of the Law on Foundations (PP No.2-2013), and Regulation of the Minister of Law and Human Rights Number 5 of 2014 concerning Ratification of Foundation Legal Entities (PMH No. 5-2014). A person who establishes a foundation must have clear aims and objectives, namely one of which is for social, religious and humanitarian purposes. It’s undeniable that Article 3 paragraph (1) of Law no. 16-2001 that a foundation can carry out business activities to support the achievement of its goals and objectives by establishing a business entity and/or participating in a business entity. YKUS is a form of organization that operates in the social, religious and humanitarian fields. This is the basis for the AD/ART of YKUS to carry out activities that support humanity in the dynamics of national development. When YKUS funds as an institutional form must be used constitutionally for the benefit of the foundation and the institution, then there is direct supervision by supervisors, administrators and supervisors in anticipating Foundation funds where abuse of power may occur.
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Ramelan, Yudha. "PENERAPAN SAKSI PIDANA KORPORASI PADA BANK DAN IMPLIKASINYA." Masalah-Masalah Hukum 48, no. 1 (January 30, 2019): 80. http://dx.doi.org/10.14710/mmh.48.1.2019.80-97.
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A criminal act by corporation is criminal offense that can be asked for criminal liability to the corporation in accordance with the laws and regulations concerning the corporation. Banks as corporate legal entities can be prosecuted before the law and tried if in carrying out their business activities the bank is suspected of committing a crime that is threatened with criminal sanction, including committing a crime of money laundering or corruption. Corporation can be punished to pay fine penalties and other additional penalties such as dissolution or revocation of business licenses. As a trust-based financial institution, if a bank commits a crime, the impact caused by the crime is not only detrimental to the bank itself, damages the reputation of the bank but also harms the community of depositors and other parties responsible for handling bank resolutions. Looking at the impact, the application of corporate criminal responsibility to banks must be carried out carefully and selectively. If these sanctions happen to a large-scale bank (systemic bank), it can be multiple effects cause.
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Płońska, Anna. "Problematyka odpowiedzialności podmiotów zbiorowych w świetle węzłowych założeń projektowanych zmian ustawy o odpowiedzialności podmiotów zbiorowych za czyny zabronione pod groźbą kary." Ekonomia 25, no. 4 (January 2, 2020): 63–72. http://dx.doi.org/10.19195/2658-1310.25.4.4.
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The issue of collectiv e entities’ liability in the light of crucial assumptionsof proposed amendments to the Act on the Liability of Collective Entitiesfor Acts Prohibited under the Threat of PenaltyPursuant to the Act of 28 October 2002 — Act on the Liability of Collective Entities for Acts Prohibited under the Threat of Penalty, a new category of liability was introduced into the Polish criminal law system. There is no doubt that in certain cases the need to punish collective entities is justified and even necessary. However, after more than 15 years of the above mentioned Act being in force, due to the low eff ectiveness of its regulations regarding collective entities’ responsibility, its amendment becomes advisable. Although at the time of writing this article, work on the amendment of the provisions on collective entities’ liability is still in progress, the main assumptions of proposed legislative changes deserve attention. The key idea of the proposed changes is to increase the effi ciency of sanctioning collective entities, especially in cases of fi scal and economic off ences. This article aims at a general overview of the proposed changes in the light of current regulations, in terms of the new collective entity legal defi nition and the principles of its liability, including penalties.
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Subihat, Ihat. "PENGADILAN TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG." Yustitia 4, no. 1 (April 20, 2018): 55–78. http://dx.doi.org/10.31943/yustitia.v4i1.31.
Full textAbstract:
The act of corruption is a violation of every person’s life as stipulated in Article 28A of the 1945 Constitution. As a result of corruption that has been detrimental to the country’s finance or the country’s economy, it also impedes the growth and sustainability of demanding national development high efficiency. For this corruption case, a court for corruption case has been established. Meanwhile, Money Laundering as stipulated in Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, does not have a special court but is often put together with a court of corruption. A court of corruption is the only court that has the authority to examine, hear, and decide the cases of corruption and money laundering crimes whose original crime is a criminal act of corruption; and/or criminal acts which are explicitly stated in other laws as criminal acts of corruption. The problem is how the litigation of corruption and criminal acts of money laundering are incorporated in an indictment of corruption and money laundering.
This study used the descriptive method with a normative juridical approach. Data collection was carried out through library studies by collecting data in the form of legal materials; primary, secondary and tertiary legal materials. The analysis technique of this study was descriptive analysis that analyze the process and institutions based on legislation.
The results of this study showed that the Corruption Eradication Act regulates materially and formally, so there are exceptions to the principles that are generally regulated in the Criminal Code (KUHP), Criminal Procedure Code (KUHAP) (Lex Specialist Derogate lex Generalis). The modes of money laundering are carried out in various ways. Judging from TPPU modes, it seemed true that TPPU is a stand-alone crime when using cumulative charges is more appropriate. The legal policy of the Corruption Crime Act and Money Laundering Lay (TPPU) related to the rule of law which is the basis of legality for Beneficial Ownership Criminal Liability (BO) as well as its position in Deelneming theory is a topic that must be formulated n the Action Bill Criminal Crime and Money Laundering Crime Bill (TPPU), whether effective evidence for Beneficial Owners (BO), doctrinal or the teaching snares. In the future politics of law enforcement in eradicating corruption and TPPU leads to Beneficial Ownerds (BO) is not enough as long as only the physical actors or stop at the actors revealed in the investigation. Besides the beneficial owner, it is also necessary to regulate criminal liability for legal entities that are used to save the proceeds of money laundering
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Федоров, Александр, and Aleksandr Fedorov. "SOCIAL CONTROL AND CORRUPTION OFFENCES OF LEGAL ENTITIES." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 11–14. http://dx.doi.org/10.12737/article_598063fa635249.09605022.
Full textAbstract:
The article is based on the theses of the report at the VI Eurasian Anti-Corruption Forum “Social control as a key factor of anti-corruption” (Moscow, April 26—27, 2017) and is devoted to social control as a regulator of public relations, which consists in the development and implementation of social norms, allowing to maintain compliance with the rules of life, providing socially significant public interests.
In addition the allocation of anti-corruption social control is justified, based on the relevant social norms, including moral and religious norms, morality and law. In particular, it is noted that the assessment of the activities of a legal entity as immoral and sinful may be one of the components of the justification for the need to criminalize the acts of legal entities or to establish administrative liability for such acts.
In the opinion of the author, if we consider the immoral and sinful act of a legal entity from the position of the inner world, then the legal entity does not have such a world. However, this should not be an obstacle for assessing the act of a legal entity as immoral or sinful, because such an assessment is given by a society that can condemn a legal entity for actions committed from the moral and religious positions.
On the basis of the analysis it is concluded that not everything that is applicable to a particular person can be applied to a legal entity, but the law and morality are developing in such a way that, perhaps in the long term, the public condemnation of legal entities for committing corrupt offences, recognized by the population as sinful and immoral, will become no less effective measure of impact than the attraction of a legal entity to administrative or criminal liability.
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ILIN, DANILA. "CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC." Sociopolitical sciences 10, no. 6 (December 28, 2020): 31–41. http://dx.doi.org/10.33693/2223-0092-2020-10-6-31-41.
Full textAbstract:
The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.