scholarly journals LIABILITY OF LEGAL ENTITIES IN CORPORATE LAW: ISSUES AND PERSPECTIVES

2017 ◽  
pp. 17-20
Author(s):  
Ольга Терновая ◽  
Olga Tyernovaya
Keyword(s):  
Criminal Liability ◽  
Effective Means ◽  
Integrated Approach ◽  
Criminal Code ◽  
Corporate Law ◽  
Point Of View ◽  
Foreign Countries ◽  
Commercial Code ◽  
The Right ◽  
Legal Entities

The article deals with the issues associated with the withdrawal from responsibility by founders of a legal entity. To solve this problem a legislator uses not only private but also public legal measures. The author explores the specific features of the emergence and perspectives of using the doctrine of lifting the corporate veil as an effective means of countering the abuse of law. The two main approaches to the application of the doctrine of lifting the corporate veil in foreign countries are investigated. If in Common law countries a compulsory condition for bringing a corporation member to responsibility is the fact of abuse of the right, in Civil law countries the major approach is the presumption of responsibility of the parent company for the obligations of the subsidiary. Based on the analysis of Russian jurisprudence and legislation the author concludes that the doctrine under consideration is not widespread in Russia which is why there is a need to improve Russian legislation on the liability of legal persons in corporate law. It is noted that there are issues which creditors face in the reorganization and bankruptcy of legal entities, as well as the liability of legal entities for violation of legislation that leads to forced reorganization. An interesting feature of French law is that the rules on criminal liability for corporate violations are contained not in the Criminal Code but in the Commercial Code. Comparative analysis of judicial practice, doctrines and various provisions of Russian and French legislations allows us to conclude that the discussion of the prospect of criminal liability of legal persons in Russian corporate law requires an integrated approach. It is proposed to conduct comparative studies of the experience of foreign countries in which criminal liability of legal entities for violations of corporate legislation has already been introduced. From this point of view, the French experience is particularly interesting.

scholarly journals Peculiarities of responsibility to arbitrators of international commercial arbitration

Legal Ukraine ◽  
2019 ◽  
pp. 32-39
Author(s):  
Keyword(s):  
Criminal Liability ◽  
Legal Framework ◽  
Point Of View ◽  
Quantitative Composition ◽  
Commercial Arbitration ◽  
Wrong Decision ◽  
International Commercial Arbitration ◽  
Foreign Countries ◽  
Black List ◽  
The Right

The article explores the problems of arraignment of arbitrators, while analyzing both the legal framework for international commercial arbitration of foreign countries and the existing arbitration practice. In particular, it is emphasized that the arraignment of arbitrators is quite problematic, as there are significant omissions and gaps in the domestic arbitration laws of several states, which avoids the liability of unfair arbitrators. However, given that international commercial arbitration is a non-governmental institution, built on the principle of autonomy of the will of the parties, which allows the parties to influence positively the arbitration (by determining the right on the basis of which the dispute, languages and places of arbitration will be settled and the quantitative composition of arbitration, etc.), in this case, the role of ethical rules is growing significantly. Accordingly, unscrupulous arbitrators cannot further claim to be involved in arbitration proceedings, as they fall into the so-called «black list of arbitrators» and the parties refuse to provide their services. This «public disclosure» method can be viewed to some extent as a means of preventing arbitrators. From a practical point of view, we consider it justified to include in the regulations of international commercial arbitration tribunals the provisions on the application of sanctions for violation of the parties' consideration of their obligations. If the arbitrator makes a deliberately wrong decision, it is advisable to provide for the following sanctions: withdrawal (in particular, the grounds for dismissal should be: financial dependence, subordination and other professional relations of the arbitrator with one party; the same nationality of the arbitrator and one or both parties; or opinion; court precedents); suspension of activity, prohibition on occupation of certain positions, liability for damages, administrative and criminal liability. Key words: arbitration, international commercial arbitration, arbitrator, responsibility of arbitrators, sanctions in international commercial arbitration.

scholarly journals 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

2020 ◽  
Vol 2 (2) ◽  
pp. 76-81
Author(s):  
Ngoc Hai ◽  
Hoai Le ◽  
Andrey Petrovich Skiba
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Examination ◽  
Freedom Of Conscience ◽  
Socialist Republic ◽  
Criminal Penalties ◽  
The Right ◽  
Seriously Ill ◽  
Legal Entities

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.

scholarly journals CONTENT AND DIRECTIONS OF ANTIBULING POLICY AT SCHOOL

2021 ◽  
Vol 7 (4) ◽  
pp. 18-27
Author(s):  
Yulia Udovenko ◽  
◽  
Evgeniya Gladyshko ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Educational Institution ◽  
Communication Technologies ◽  
Integrated Approach ◽  
Educational Process ◽  
Point Of View ◽  
Bullying Policy ◽  
Official Position ◽  
Foreign Countries ◽  
Information And Communication

The article is devoted to the problem of bullying and anti-bullying policy in school institutions. The problem of bullying, from a scientific point of view, began to be studied at the end of the 20th century. Today, this issue is covered in all laws and programs related to ensuring a safe educational environment for participants in the educational process. Bullying, as a social and pedagogical problem, has been actively studied since the beginning of the development of information and communication technologies, which contributed to the rapid dissemination of not only verbal, but also media information: photo and video facts about manifestations of bullying between children. The article presents the results of the research "Unicef", "La Strada-Ukraine", which indicate the prevalence of the phenomenon of bullying among children. The essence of the concept of "bullying" is revealed, as well as categories that are close in meaning: "violence", "aggression", "bullying", "bullying", "conflict". The structural components of the roles of the bullying process are described: initiators or offenders, helpers of offenders, defenders of the victim, victims and observers. The article provides data on anti-bulging programs in foreign countries and focuses on the problem of anti-bulging policy in educational institutions of our country. Three main approaches that make up the anti-bullying policy of schools are analyzed: disciplinary, restorative and an integrated approach, which is implemented using two directions: managerial and educational. The directions of anti-bullying policy at school are presented, namely managerial and educational. The managerial direction is organized and implemented by the head of the educational institution. The constituent components of activities in this area are an analysis of the current situation in an educational institution, the development of an official position of the institution regarding bullying and informing all participants in the educational process about it, the development of rules of conduct for all participants in the educational process and informing about them, defining the responsibilities and responsibilities of participants educational process in relation to the rules of safe behavior in an educational institution, instructing employees, students and parents. Whereas the educational direction is characterized by informing, explaining, developing the skills of tolerance and non-violent communication of all participants in the educational process.

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 Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

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.

scholarly journals PECULIARITIES OF SUPERVISION OVER THE RECEPTION, REGISTRATION AND AUTHORIZATION OF CRIMES UNDER ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION BY THE PRELIMINARY INVESTIGATION AUTHORITIES

2020 ◽  
Vol 30 (4) ◽  
pp. 535-540
Author(s):  
M.A. Gabdullina
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Federal Law ◽  
Different Types ◽  
Complete Failure ◽  
Employer Liability ◽  
The Russian Federation ◽  
The Right

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.

scholarly journals Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Norms ◽  
The Russian Federation ◽  
Structural Methods

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.

MONEY LAUNDERING FROM THE POINT OF VIEW OF THE SLOVAK AND RUSSIAN LEGISLATION

2020 ◽  
Vol 10 (2) ◽  
pp. 95-102
Author(s):  
MARGITA PROKEINOVÁ ◽  
◽  
NATÁLIA HANGÁČOVÁ
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Point Of View ◽  
International Level ◽  
Significant Difference ◽  
The Russian Federation ◽  
Legal Entities

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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