scholarly journals SOCIAL CONTROL AND CORRUPTION OFFENCES OF LEGAL ENTITIES

2017 ◽  
Vol 3 (4) ◽  
pp. 11-14
Author(s):  
Александр Федоров ◽  
Aleksandr Fedorov
Keyword(s):  
Public Relations ◽  
Social Norms ◽  
Social Control ◽  
Criminal Liability ◽  
Effective Measure ◽  
Legal Entity ◽  
The Public ◽  
Key Factor ◽  
Inner World ◽  
Legal Entities

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.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

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.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

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.

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE CZECH REPUBLIC

2019 ◽  
Vol 3 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Czech Republic ◽  
Mass Media ◽  
Criminal Liability ◽  
The Czech Republic ◽  
Legal Entity ◽  
Specific Object ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the issues of legislative establishment of criminal liability of legal entities in the Czech Republic including definition of a legal entity as a subject of crime and criminal liability, conditions under which a crime is considered committed by a legal entity. Special attention is paid to an analysis of the special comprehensive Law of December 6, 2011, On Criminal Liability of Legal Entities and Procedural Actions in Respect Thereof and criminal punishments stipulated by this law for legal entities including: cancellation of registration (liquidation) of a legal entity; property seizure; money fine; seizure of a specific object; prohibition of activities; prohibition of participation in state contracts, non-admission to concession procedures and state procurements; prohibition of receipt of any government allowance or subsidy; judgment publication in state mass media. Injunctive remedies taken in respect of legal entities are reviewed.

scholarly journals Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

2021 ◽  
pp. 128-132
Author(s):  
L.A. Kondratyeva
Keyword(s):  
Complete List ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Labor Contract ◽  
The Public ◽  
Procedural Law ◽  
The People ◽  
Administrative Code ◽  
The Right ◽  
Legal Entities

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

Epilogue

2017 ◽  
Author(s):  
Inger L. Stole
Keyword(s):  
World War Ii ◽  
Public Relations ◽  
World War ◽  
Social Success ◽  
The Public ◽  
Consumer Activism ◽  
Consumer Movement ◽  
Key Factor ◽  
War Experience ◽  
The Impact

This concluding chapter discusses the impact of wartime events on advertising and consumer activism after World War II, and examines their reverse trajectories in the 1950s. With a few notable exceptions, it was not until the later 1960s that advertising came under new scrutiny by a nascent consumer movement. The key factor in the transformation of advertising’s image was the (War) Advertising Council’s tireless work on behalf of the advertising community. Displaying an excellent sense of timing and direction, the WAC coached and chastised individual advertisers, pleading for their compliance in what it believed to be a fantastic public relations opportunity. The war experience had shown that just as advertisers were capable of providing the keys to social success, they were equally adept at guiding the public through issues of political magnitude.

scholarly journals THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY

2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The European Union ◽  
Legal Entity ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Entities

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.

The Main Directions of Optimization of Criminal Liability in the Field of Protection of Internal Affairs Officers

2021 ◽  
pp. 88-93
Author(s):  
E. I. Kiryushkina
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Public ◽  
The Russian Federation ◽  
Internal Affairs

The article deals with the most complex and important issues in demand in practice, related to the improvement of the design of art. art. 317-319 of the Criminal Code of the Russian Federation. It is stated that the current legislation in the considered sphere of the public relations needs further improvement. Author's suggestions for improvement of the existing penal legislation are made.

CIVIL LEGAL FRAMEWORK FOR REGULATING THE REORGANIZATION OF A LEGAL ENTITY

2020 ◽  
Author(s):  
Yuliya Ivanova ◽  
Magomed-Sali Il'yasov
Keyword(s):  
Public Relations ◽  
Legal Framework ◽  
Economic Activities ◽  
Legal Entity ◽  
Economic Nature ◽  
Legal Mechanism ◽  
Developing System ◽  
Legal Entities

The institution of a legal entity is a complex legal mechanism that mediates public relations related to the organization of socio-economic activities of civil turnover participants, a constantly developing system that is influenced by various factors of a political, legal, and socio-economic nature. There are more than one thousand legal entities registered on the territory of Russia, whose main goal is to increase their competitiveness, as well as to make a profit in the course of implementing business activities.

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