scholarly journals Institute of Criminal Liability of the Legal Entities as a New Stage of Development of the Criminal Law

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Виталий Квашис ◽  
Vitaliy Kvashis ◽  
Юлия Случевская ◽  
Yuliya Sluchevskaya
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Self Regulation ◽  
Economic Relations ◽  
Stage Of Development ◽  
Domestic Legislation ◽  
And Control ◽  
Legal Entities

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.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

scholarly journals 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

2020 ◽  
Vol 15 (4) ◽  
pp. 47-54
Author(s):  
Vasily V. Porayko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
Domestic Legislation ◽  
Subjective Side ◽  
Legal Entities

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.

scholarly journals Debt and Sacrifice: The Role of Scapegoats in the Economic Crises

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Luis Enrique Alonso ◽  
Carlos J. Fernández Rodríguez
Keyword(s):  
Financial Markets ◽  
Social Relations ◽  
Critical Role ◽  
Social Groups ◽  
Symbolic Violence ◽  
Personal Bankruptcy ◽  
Economic Relations ◽  
Modern Economy ◽  
Standards Of Living

Despite the process of secularization and modernization, in contemporary societies, the role of sacrifice is still relevant. One of the spaces where sacrifice actually performs a critical role is the realm of modern economy, particularly in the event of a financial crisis. Such crises represent situations defined by an outrageous symbolic violence in which social and economic relations experience drastic transformations, and their victims end up suffering personal bankruptcy, indebtedness, lower standards of living or poverty. Crises show the flagrant domination present in social relations: this is proven in the way crises evolve, when more and more social groups marred by a growing vulnerability are sacrificed to appease financial markets. Inspired by the theoretical framework of the French anthropologist René Girard, our intention is to explore how the hegemonic narrative about the crisis has been developed, highlighting its sacrificial aspects.

REGIONALISM APPROACH UNDER THE COVID-19 CIRCUMSTANCES

2021 ◽  
Vol 27 (5) ◽  
pp. 126-133
Author(s):  
E. Rasoulinezhad ◽  
Keyword(s):  
World Economy ◽  
Policy Implications ◽  
Productive Capacity ◽  
Economic Convergence ◽  
Negative Consequences ◽  
Economic Relations ◽  
The World ◽  
And Control ◽  
Different Parts

The outbreak of Covid-19 disease since late 2019 has led to fundamental changes in the process of globalization and liberalization of the world economy. In order to prevent the spread of this disease and control its negative consequences, many countries have implemented policies such as urban quarantine, cutting off passenger communication with neighboring countries and the world, closing tourist and tourist places, and implementing policies to protect domestic industries. In general, it led to the phenomenon of reverse globalization. According to the development of new economic convergence, which is based on the role of the market in economic relations between countries can play an important role in improving the productive capacity of countries in a region and create economic integration in different parts of the world. Such a state of integration in different parts of the world could be the solution to the process of globalization and in the post-Corona era, the concept of “one for all, all for one” was created at the regional and global level. As policy implications, the paper recommended some points to make a greater integration between Iran and Russia in the region

scholarly journals Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response

2021 ◽  
Vol 15 (2) ◽  
pp. 210-219
Author(s):  
Alexander Smirnov ◽  
Andrey Santashov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Cultural Development ◽  
Psychological State ◽  
Criminal Prosecution ◽  
Russian Society ◽  
Self Defense ◽  
Legal Forms

The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the deve­lopment of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.

Criminalization of cartels: a retrospective analysis of domestic legislation

2020 ◽  
pp. 16-25
Author(s):  
A. V. Teslenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Historical Method ◽  
Domestic Legislation ◽  
Long Time

The importance of the historical method in the research of all legal phenomena and processes have been highlight a long time ago — so even pre-revolutionary Russian jurists noted that history “indicates a natural cause of existing ugliness and all of this or that condition of criminal law, it states the source of its progressiveness, and provides data for the evaluation of both, old and new, theories and criminal law teachings”. Therefore, the current research and debate on the criminal liability of legal regulation of the problems of anti-competitive agreements should be anticipated by highlighting the evolution of the relevant norms, the development of which took place within the boundaries of three periods — pre-revolutionary, soviet and modern or post-soviet.The author, referring to the original sources, presents the historiography of the evolution of domestic legislation in the field of criminal law protection of competition, and discovers the prototypes of current prohibitions on anticompetitive agreements and mechanisms for identifying such violations.

Cooperative action between fishermen and inspectors in the Svalbard Zone

Polar Record ◽  
1999 ◽  
Vol 35 (194) ◽  
pp. 207-214 ◽  
Author(s):  
Geir Hønneland
Keyword(s):  
Social Relations ◽  
Action Theory ◽  
Self Regulation ◽  
Coast Guard ◽  
Cooperative Action ◽  
System A ◽  
The Social ◽  
Local Commons ◽  
The Many

AbstractThis article demonstrates that, similar to the many cases of self-regulation of local commons, it is in certain conditions also possible to manage an international ocean-fishery without the use of direct coercion. The case study from the Svalbard Zone supports the argument of cooperative action theory: that a limited number of participants, rules at least partly designed by the users themselves, and a system of graduated punishment contribute to compliance with established rules. Based on observational data as well as in-depth interviews with Norwegian and Russian fishermen in the area, it seems particularly fruitful to conceive of the Norwegian Coast Guard not only as a state enforcement body in the Svalbard Zone, but its representatives also as constituent parts of a social system, a ‘seafaring community,’ in the area. When, due to jurisdictional dispute, it has been impossible to rely fully on external regulation in the area, the Coast Guard has taken upon itself the role of the mediator, admittedly representing state interests, but nevertheless aimed at achieving consensus with the fishing fleet on important regulation issues. Hence, the internal authority of this Arctic Ocean fisheries lies above all in the interface between fishermen's and inspector's arguments, and in the social relations accompanying the exchange of professional opinions.

scholarly journals Preventative role of criminal law for traffic safety

2019 ◽  
Vol 68 ◽  
pp. 01012
Author(s):  
Nataliya Gutorova ◽  
Oleksandra Rudnyeva
Keyword(s):  
Criminal Law ◽  
Traffic Safety ◽  
Criminal Liability

The purpose of the article is to raise awareness of and stimulate serious discussion about the necessity to improve the preventative role of criminal law in the field of traffic safety by adjusting criminal liability for crimes in this area, and determining the proportional amount of force that may be used by the police in order to stop the vehicle and detain the offender.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC

2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Criminal Code ◽  
The European Union ◽  
Protective Measures ◽  
Legal Entity ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.

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