Corporate Criminal Liability: Comparative Characteristics
Journal Title: Право та державне управління - Year 2016, Vol 1, Issue
Abstract
The article investigates the current state of corporate criminal liability in the legislation of Ukraine and foreign countries. Recently, in many countries there are tendencies intensify law-making for the recognition of the offender entities. Given the selected Ukraine towards European integration, which also provides for bringing the legislation in line with international standards, our state must be some changes in the criminal law. In 2013, the Criminal Code was amended by section XIV-1 “Measures under criminal law for legal persons”, which reads as follows: 1) The grounds for applying to the legal entities of measures of criminal law; 2) the terms of legal entities, which are subject to measures of criminal law; 3) the grounds for the release of the legal entity from the use of criminal law; 4) The types of action under the criminal law applicable to legal persons, and 5) the rules apply to legal entities of measures under criminal law. However, the entity does not recognize the offender. Moreover, in connection with a certain inconsistency between the title and the text of the Act and the content of the norms of section XIV- 1 of the Criminal Code of Ukraine there is no consensus on the understanding of whether the measures under criminal law for legal persons form of criminal responsibility. Purpose of the article - to analyze the criminal law of foreign countries to prove the feasibility and possibility of recognizing the legal entities of the perpetrator and bring them to justice.
Authors and Affiliations
Ю. В. Абакумова
Keywords
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