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

2020 ◽  
Vol 11 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Private Law ◽  
Legal Entity ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Legal Entities

The article is devoted to the issues of criminal liability of legal entities in the Republic of Latvia, established in 2005 by amending the Criminal Law of the Republic of Latvia. Attention is drawn to the fact that in the Latvian legislation a model of criminal liability is implemented, in which a legal entity is recognized not as a subject of a crime, but as a subject of criminal liability, to which measures of a coercive nature provided for by the Criminal Law are applied. At the same time, only legal entities of private law are subject to criminal liability, while the law does not provide for bringing public legal entities to criminal liability. The reasons for the application of enforcement measures to legal entities and the types of such measures are considered. It is indicated that compulsory measures against a legal entity can be applied for a criminal act if it was committed in the interests of the relevant legal entity, in its favor or as a result of improper supervision on its part by a responsible individual who acted individually or as part of a collegial body of a legal entity. In this case, a specially authorized person means a person who acted: on the basis of the right to represent a legal entity or act on its behalf; on the basis of the right to make decisions on behalf of a legal entity; or on the basis of the right to exercise control within a legal entity. The author considers the enforcement measures applied to legal entities (liquidation; restriction of rights; confiscation of property; monetary recovery), as well as criminal procedural issues of the application of compulsory measures to legal entities.

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

2020 ◽  
Vol 12 ◽  
pp. 70-77
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Private Law ◽  
Legal Entity ◽  
The Subject ◽  
Criminal Penalties ◽  
The Law ◽  
The Republic ◽  
Legal Entities

The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.

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 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.

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 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 ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI YANG AKTANYA BERMASALAH DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 20-27
Author(s):  
Arif Hidayat
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Civil Law ◽  
Criminal Offense ◽  
Actual Reality ◽  
State Administration ◽  
The Law ◽  
The Right

Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.

The Right of Personal Freedom

2019 ◽  
Vol 65 (2) ◽  
pp. 249-262
Author(s):  
Marina L. Nokhrina
Keyword(s):  
Property Right ◽  
Private Law ◽  
Legal Scholarship ◽  
Personal Freedom ◽  
General Ability ◽  
The World ◽  
The Law ◽  
The Right ◽  
Legal Entities

This paper focuses on ‘absolute’ relationships in private law that do not involve any influence exerted by persons - legal entities or individuals - on external items, whether tangible or otherwise. Such relationships are non-property in nature. Their specific feature is that they exist only as long as a person himself exists - in this respect, they are essentially ‘personal’. Therefore, the relationships in question may be classified as personal and non-property relationships. In such relationships, persons are interested in expressing their individuality, which makes it possible to treat such interest as an ‘absolute’ (i.e., available against the world at large) personal non-property right. This right is the right of personal freedom that requires that any conduct in which a person is engaged in the non-property sphere shall be protected by the law, with certain exceptions the law provides. The paper defines the right of personal freedom, describes its content and legal features, and demonstrates that this right is different from the general ability to have rights. The paper puts forward arguments to support the personal and not political nature of certain powers that comprise the right of personal freedom. The author presents both practical and theoretical arguments in favour of the right of personal freedom being introduced as a new concept both in legal scholarship and legislation.

scholarly journals Collective Criminal Liability in the Republic of Poland

2018 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Petr A. Litvishko ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Broad Sense ◽  
The Republic ◽  
Polish Law ◽  
Corporate Criminal Liability ◽  
Legal Entities

The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.

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