scholarly journals The Criminal Prosecution of Market Abuse: More Efficiency and Fewer Rights

2020 ◽  
Vol 22 (8) ◽  
2018 ◽  
Vol 9 (4) ◽  
pp. 1362
Author(s):  
Yuliya Vladimirovna MIKHALENKO (KALININA) ◽  
Ekaterina Gennadievna SHADRINA ◽  
Asel Ibragimovna RASHIDOVA

The securities market is the most attractive area for its bad-faith participants. The transactions are often accompanied by illegal use of insider information and market manipulation, that jeopardizes the economic security of the state and destructively affect the stability of the market. In this regard, the application of liability for the illegal use of insider information and market manipulation becomes an urgent issue. Using scientific research methods, the authors analyze the approaches of European and Russian lawmakers to the issue of criminal prosecution for market abuse and come to the conclusion that there is a need for an integrated approach to improving criminal liability for these offenses; propose changes in the current Russian legislation.


Author(s):  
Walker George ◽  
Purves Robert ◽  
Blair Michael

This chapter examines the market abuse regime designed to protect and maintain orderly financial markets in the UK. It first provides an introduction to market abuse before discussing the development of the market abuse regime and the provisions of the European Union Market Abuse Regulation (EU MAR). It then considers the range of civil offences under the market abuse regime, including offences committed before EU MAR took effect, as well as the legislative and regulatory rule changes that were required in the UK to implement EU MAR. It also explains the distinction between criminal prosecution and civil action by the Financial Conduct Authority (FCA), the obligations to detect and prevent market abuse, and the range of sanctions that can be imposed by the FCA for breaches of EU MAR. The chapter concludes with an analysis of enforcement trends, the mood of the regulator and future developments relating to market abuse.


Author(s):  
Yaroslav Skoromnyy ◽  

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».


2020 ◽  
Author(s):  
Marcos José Pinto

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.


1960 ◽  
Vol 2 (2) ◽  
pp. 225-226
Author(s):  
Fred Kaufman
Keyword(s):  

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