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

2018 ◽  
Vol 6 ◽  
pp. 76-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Croatia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2003, the Criminal Code of the Republic of Croatia and the Criminal Procedure Code of the Republic of Croatia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Croatia for any acts defined by the law as crimes; considers criminal punishments (sanctions) applicable to legal entities: fi ne and legal entity liquidation; reviews the possibility of imposition of a conditional sentence on a legal entity; reviews the security measures applicable to legal entities, including: professional prohibitions (prohibitions to perform specific activities or transactions), prohibitions to perform transactions using national or local budgetary funds, prohibitions to receive licenses, permissions, subventions or concessions provided by national bodies; sentence publication and forfeiture.

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 The Kosovan Option of the Criminal Liability of Legal Entities

2018 ◽  
Vol 10 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Legal Entity ◽  
Procedure Code ◽  
Criminal Offenses ◽  
General Part ◽  
The Republic ◽  
Legal Entities

The article is dedicated to a review of the laws on criminal liability of legal entities of a partially recognized state, the Republic of Kosovo. Its main acts are the Criminal Code of the Republic of Kosovo, the special Law on the Liability of Legal Entities for Criminal Offenses and the Criminal Procedure Code of the Republic of Kosovo, which came into force on January 1, 2013. The publication reviews statutory resolutions allowing considering a legal entity a criminal liability subject; pays attention to the fact that legal entities in the Republic of Kosovo may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Kosovo, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, property forfeiture; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes the criminal procedure peculiarities of bringing legal entities to liability.

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

2018 ◽  
Vol 7 ◽  
pp. 69-76
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Entity ◽  
Procedure Code ◽  
Criminal Offenses ◽  
General Part ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Montenegro, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, forfeiture and sentence publication; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes criminal procedure peculiarities of bringing legal entities to liability including broad discretionary powers of a prosecutor in resolution of issues on bringing legal entities to criminal liability

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 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.

CRIMINAL LIABILITY OF LEGAL ENTITIES IN UKRAINE

2021 ◽  
pp. 9-28
Author(s):  
Александр Вячеславович ФЕДОРОВ
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Usual Procedure ◽  
Criminal Offenses ◽  
Legal Nature ◽  
General Part ◽  
Legal Entities

Статья посвящена вопросам введения уголовной ответственности юридических лиц на Украине. Рассматриваются попытки установления такой ответственности при подготовке нового Уголовного кодекса Украины и в дальнейшем путем принятия в 2009 г. специального уголовного закона об ответственности юридических лиц за совершение коррупционных преступлений. Украина стала первым из постсоветских государств, включившим такие нормы не в уголовный кодекс, а в специальный закон - комплексный нормативный правовой акт, содержащий нормы уголовного и уголовно-процессуального законодательства. Отмечается, что этот закон являлся действующим лишь 4 дня, и приводятся причины признания его утратившим силу. Повторно уголовная ответственность была установлена путем внесения в 2013 г. в Уголовный кодекс Украины изменений, согласно которым юридические лица признаются не субъектами уголовных правонарушений, а субъектами уголовной ответственности, заключающейся в применении судом в уголовно-процессуальном порядке мер уголовно-правового характера в отношении юридического лица. Применение таких мер возможно в случаях совершения уполномоченным физическим лицом уголовных правонарушений (преступлений и уголовных проступков), специально указанных в Общей части Уголовного кодекса Украины. Рассматриваются применяемые к юридическим лицам виды мер уголовно-правового характера: штраф, конфискация и ликвидация юридического лица. Приводятся правила применения к юридическим лицам мер уголовно-правового характера и основания для освобождения юридического лица от применения к нему таких мер. Отмечается, что уголовное судопроизводство по делам об уголовных правонарушениях, при совершении которых к юридическим лицам могут быть применены меры уголовно-правового характера, осуществляется в соответствии с обычной процедурой с учетом особенностей, предусмотренных Уголовно-процессуальным кодексом Украины. Дается краткая характеристика этих особенностей, в том числе указывается, что от имени юридического лица в уголовном процессе участвует его представитель. Рассматриваются его права и обязанности. The article is devoted to the issues of introducing criminal liability of legal entities in Ukraine. The article considers attempts to establish such liability in the preparation of the new Criminal Code of Ukraine and further by the adoption in 2009 of a special criminal law on liability of legal entities for committing corruption crimes. Ukraine became the first of the post-Soviet states to include such norms not in the criminal code, but in a special law - a comprehensive normative legal act containing the norms of criminal and criminal procedural legislation. It is noted that this law was in effect for only 4 days and the reasons for recognizing it as invalid are given. Criminal liability was re-established by introducing amendments to the Criminal Code of Ukraine in 2013, according to which legal entities are recognized not as subjects of criminal offenses, but as subjects of criminal liability, which consists in the application by the court in the criminal procedural procedure of measures of a criminal-legal nature in relation to a legal entity. The application of such measures is possible in cases of committing by an authorized individual of criminal offenses (crimes and criminal offenses), specially specified in the General Part of the Criminal Code of Ukraine. The types of measures of a criminal-legal nature applied to legal entities are considered: fines, confiscation and liquidation of a legal entity. The rules for the application of measures of a criminal-legal nature to legal entities and the grounds for exempting a legal entity from applying such measures to it are given. It is noted that criminal proceedings on cases of criminal offences in commission of which measures of criminal law nature can be applied to legal persons, is carried out in accordance with the usual procedure taking into account the peculiarities provided by the Criminal Procedure Code of Ukraine. A brief description of these peculiarities is given, including the fact that on behalf of a legal entity its representative participates in criminal proceedings. The rights and obligations of the representative are considered.

scholarly journals The Criminal Liability of Legal Entities under the Laws of Bosnia and Herzegovina

2018 ◽  
Vol 9 ◽  
pp. 73-78
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Law System ◽  
Criminal Sanctions ◽  
Proceeds Of Crime ◽  
The Republic ◽  
Legal Consequences ◽  
Legal Entities

The article is dedicated to a review of the laws of Bosnia and Herzegovina on the criminal liability of legal entities. The article reviews the criminal law system of Bosnia and Herzegovina, which includes among other laws the four criminal codes: the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Federation of Bosnia and Herzegovina; the Criminal Code of the Republic of Srpska and the Criminal Code of the Brčko District. The author analyzes provisions of the criminal laws of Bosnia and Herzegovina on the criminal liability of legal entities. The author notes that pursuant to such provisions, legal entities are acknowledged as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; underlines that legal entities in Bosnia and Herzegovina can be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws. The publication reviews the grounds and conditions for the criminal liability of legal entities; the model of the criminal liability of legal entities; the criminal sanctions imposed on legal entities and the applied security measures. It is noted that the criminal codes in effect in Bosnia and Herzegovina make a distinction between the punishment measures, security measures, seizure of proceeds of crime and legal consequences of conviction of a legal entity.

scholarly journals THE LAWS OF ROMANIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES

2019 ◽  
Vol 9 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Eastern Europe ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Natural Person ◽  
Criminal Offenses ◽  
Temporary Suspension ◽  
Legal Entities

The article is dedicated to the issues of the establishment of the criminal liability of legal entities in Romania. Prerequisites for the introduction of such liability and the national laws on the criminal liability of legal entities are reviewed. Attention is paid to the fact that Romania has established such liability in the Criminal Code unlike the majority of post-socialist countries of Eastern Europe having adopted special criminal laws on the liability of legal entities. Under the Romanian laws, a legal entity is liable for criminal offenses committed within the framework of the operations of the legal entity, on its behalf or in its name. However, the Romanian laws do not specify, a crime committed by which natural person may result in the origination of the criminal liability of a legal entity. It is noted that the criminal liability of a legal entity does not exclude the criminal liability of a natural person having committed the same act. The article reviews the types of criminal punishments imposed on legal entities, which include: liquidation of a legal entity; temporary suspension of operations or one of the types of operations of a legal entity; suspension of jobs at a legal entity; temporary prohibition of participation in state procurement procedures; subjection to judicial supervision; disclosure or publication of a decision on conviction of a legal entity. Such legal institutes as the period of limitation for bringing to criminal liability, repeated offense, amnesty are reviewed with regard to the criminal liability of legal entities.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

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