scholarly journals LEGAL ENFORCEMENT DECRIMINALIZATION IN THE CONTEXT OF ECONOMY OF CRIMINAL IMPACT MEASURES: CONCEPT, SIGNS AND IMPLEMENTATION PROBLEMS

2021 ◽  
pp. 120-130
Author(s):  
A. V. Kovalchuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Main Body ◽  
Study Analysis ◽  
Legal Enforcement ◽  
Administrative Legislation ◽  
Legal Nature ◽  
The Law ◽  
Implementation Problems

The article examines decriminalization, which is a method of criminal law policy. The author substantiates the division of decriminalization according to the forms of its implementation into legislative and law enforcement. The legal nature of law enforcement decriminalization is analyzed. On the basis of the features identified by the author, its concept is formulated. The problems of the implementation of law enforcement decriminalization associated with the interpretation of evaluative features, the presence of legislative problems expressed in the intersectoral inconsistency of criminal and administrative legislation, as well as the formulation of qualifying signs of individual offenses that are not related to the commission of an act that forms the main body of these crimes are noted. Based on the study, analysis of legislation and theoretical views, a conclusion is made about the existence of a legislative basis for law enforcement decriminalization, it is argued that the phenomenon under study is one of the most important components of the law enforcement economy of criminal law impact, contributing to the implementation of the principle of fairness of criminal law and criminal liability.

scholarly journals Simple disposition of an article in a special part of the Criminal law (on the example of kidnapping)

2021 ◽  
Vol 16 (1) ◽  
pp. 49-58
Author(s):  
D. V. Golenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Starting Point ◽  
Special Part ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law

Justification of the study. the creation of a criminal law is a laborious and important process. When constructing articles of the criminal code, the legislator used various techniques and methods of presenting legislative material. One of the types of dispositions of an article is a simple disposition. Its application by the legislator raises questions among practitioners when qualifying crimes, and gives rise to discussions in the theory of criminal law. Methods. The methodological basis of the research was formed by general scientific and special methods of cognition: analysis, induction, systemic, comparative legal, formal legal methods and others. Results. The authors analysis of the simple disposition of the article, which provides for criminal liability for kidnapping, is carried out. The problems arising in the process of designing and applying Article 126 of the Criminal Code of the Russian Federation are investigated. As a starting point, the explanations contained in the acts of the highest judicial bodies, judicial statistics were taken. The ways of improving the norms on criminal liability for kidnapping, proposed in the theory of criminal law, have been studied. Recommendations for the legislator and law enforcement officers have been formed. Conclusion. A simple disposition should be applied in exceptional cases when describing crimes of small and medium severity. The signs of a crime described in a simple disposition should be clear to the law enforcement officer due to the established uniform practice of applying the law. The lack of a unified understanding of the signs of a crime that are not described in a simple disposition leads in practice to legal uncertainty. Explaining the application of articles from a simple disposition leads, in fact, to the construction of corpus delicti by the judiciary. However, the design of the corpus delicti is the prerogative of the legislator. Article 126 of the Criminal Code of the Russian Federation does not meet the criterion of clarity and gives rise to a different understanding in practice of the signs of the objective and subjective aspects of the composition of the abduction of a person. The solution to the emerging problems is to change the simple disposition of Article 126 to a descriptive disposition, including an indication of the signs of the objective and subjective side of the crime. The scientific novelty of the research lies in the fact that the simple disposition of the article for the first-time acts as an independent object of research and analysis on the example of the disposition of Article 126 of the Criminal Code of the Russian Federation. The authors approach to assessing the applicability of a simple disposition, positive and negative trends in its application by the legislator and the judiciary is proposed.Key words: Simple disposition of an article in a special part of the Criminal law (on the example of kidnapping) Abstract: Justification of the study. the creation of a criminal law is a laborious and important process. When constructing articles of the criminal code, the legislator used various techniques and methods of presenting legislative material. One of the types of dispositions of an article is a simple disposition. Its application by the legislator raises questions among practitioners when qualifying crimes, and gives rise to discussions in the theory of criminal law. Methods. The methodological basis of the research was formed by general scientific and special methods of cognition: analysis, induction, systemic, comparative legal, formal legal methods and others. Results. The authors analysis of the simple disposition of the article, which provides for criminal liability for kidnapping, is carried out. The problems arising in the process of designing and applying Article 126 of the Criminal Code of the Russian Federation are investigated. As a starting point, the explanations contained in the acts of the highest judicial bodies, judicial statistics were taken. The ways of improving the norms on criminal liability for kidnapping, proposed in the theory of criminal law, have been studied. Recommendations for the legislator and law enforcement officers have been formed. Conclusion. A simple disposition should be applied in exceptional cases when describing crimes of small and medium severity. The signs of a crime described in a simple disposition should be clear to the law enforcement officer due to the established uniform practice of applying the law. The lack of a unified understanding of the signs of a crime that are not described in a simple disposition leads in practice to legal uncertainty. Explaining the application of articles from a simple disposition leads, in fact, to the construction of corpus delicti by the judiciary. However, the design of the corpus delicti is the prerogative of the legislator. Article 126 of the Criminal Code of the Russian Federation does not meet the criterion of clarity and gives rise to a different understanding in practice of the signs of the objective and subjective aspects of the composition of the abduction of a person. The solution to the emerging problems is to change the simple disposition of Article 126 to a descriptive disposition, including an indication of the signs of the objective and subjective side of the crime. The scientific novelty of the research lies in the fact that the simple disposition of the article for the first-time acts as an independent object of research and analysis on the example of the disposition of Article 126 of the Criminal Code of the Russian Federation. The authors approach to assessing the applicability of a simple disposition, positive and negative trends in its application by the legislator and the judiciary is proposed.

scholarly journals Actions: problems of separation of forms in the aspect of improvement of the terminological apparatus of domestic criminal law

2020 ◽  
pp. 312-315
Author(s):  
Sergiy Kuzmin ◽  
Oleg Gorai ◽  
Vladyslav Melnyk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agency ◽  
Special Part ◽  
The Subject ◽  
The Law ◽  
Correct Application ◽  
Passive Action

Problematic issues related to the need to ensure the correct application of criminal law in the aspect of changing the terminology of the scope of the offence are investigated. In qualification, identifying the scope of the offence is the first step in this process because, in practice, when a crime is detected, the law enforcement agency faced by the features of its scope. At the same time, a number of dispositions of the norms of the Special part of the Criminal Code of Ukraine envisages acting solely in one of its forms "commissions" and "omissions", which are quite evaluative in their separation. The content of these terms, although generally simplified, identical in the educational literature, is not interpreted equally by scientists in scientific works, and sometimes is uncertain. A separation of  commissions and omissions, both active and passive forms of action is possible if elementary in external manifestation of active or passive action is committed. These include the fact of a specifically conscious and desirable movement of one's body or a conscious and desirable refusal to commit such actions. The authors emphasize that the problems of separation of  commissions and omissions, as an active and passive form of high-handed, conscious, unlawful and socially dangerous behavior of the subject of the crime, were recognized by scientists in the "Soviet times". On basis of conducted analysis and with reference to the work of leading scientists, the authors propose the expediency of refusal in the domestic criminal law of the terms "commissions" and "omissions", with the simultaneous introduction to the theory of criminal law and the Criminal Code of Ukraine a term devoid of internal contradictions (act, commissions etc.), caused by the application in the dispositions of the Particular part of the law on criminal liability of the specific division of the external manifestation of the behavior of the subject of the crime.

scholarly journals ON THE ISSUE OF THE BLANKET METHOD OF CONSTRUCTING CRIMINAL LAW PROHIBITIONS (BASED ON PROVISIONS OF SECTION VII OF THE SPECIAL PART OF THE CRIMINAL CODE OF UKRAINE)

Legal Ukraine ◽  
2021 ◽  
pp. 20-27
Author(s):  
Dmytro Kamensky
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Economic Crime ◽  
Main Task ◽  
Special Part ◽  
Regulatory Law ◽  
The Law

The article examines the blanket method for describing dispositions of criminal law prohibitions, in particular, the norms of Section VII of the Special Part of the Criminal Code of Ukraine. It has been established that when using blanket dispositions, the content of a criminal act is determined both by the law on criminal liability and by the norms of other branches of law; at the same time, such dispositions do not replace criminal law provisions, while performing in such cases auxiliary, clarifying function. It is determined that the blanket way of describing economic articles of criminal legislation is due to the special meaning of a criminal prohibition, which protects the economy as a regulator of relations by non-criminal legal acts. In the norms of the Criminal Code of Ukraine on economic crimes considered in the article, the domestic legislator pragmatically concretized the semantic links between the norm of the criminal and special regulatory law, which should be taken positively. It was established that in this way, firstly, the limits of the volume of unlawful behavior are clearly established, beyond which the representatives of law enforcement practice are strictly prohibited from going out during the criminal-legal assessment of the deed. At the same time, here, to a certain extent, the work of the law enforcement officer is facilitated, since normative acts of a non-criminal direction have been concretized, which should be relied upon in the investigation and further judicial proceedings. Secondly, such a normatively specific approach to the construction of criminal law prohibitions obviously contributes to the unification and simplification of approaches to socially dangerous acts in the economic sphere. It shows that the state does not need numerous laws and regulations, which are textually, chronologically and legally distorted. It has been established defined that the reform of the object and system of norms on crimes against the order of economic activity should have as its main task the careful development of specific criminal law norms in order to create the cross-sectoral mechanism of legal regulation. Key words: blanket disposition, economic crime, legal act, disposition, regulatory law.

scholarly journals Penegakan Hukum Pada Kasus Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Dani Hamzah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Criminal Liability ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Loss Of Life ◽  
The Law

ABSTACTEquality before the law is an important principle in modern law, which is one of the joints of Rule of Law doctrine in a developing country like Indonesia, so this principle is used as the basis for every human being in enforcing the law. Increased traffic activity triggers an increase in traffic-related issues, one of which is a traffic accident. The problem is that it is difficult to provide law enforcement that can lead to a deterrent effect resulting in traffic awareness. The purpose of this study is to review criminal law enforcement in terms of legislation and review accountability in cases of criminal acts of traffic accidents that result in the loss of life of people in the traffic accident crime in Semarang City. Types of normative juridical research. The nature of the research using descriptive qualitative. Techniques of collecting data using secondary data (verdict number 599 / Pid.Sus / 2017 / PN.Smg and number 625 / Pid.B / 2017 / PN.Smg.). The results indicate that criminal law enforcement of traffic accidents resulting in the loss of life of persons still has some weaknesses and for accountability the crime has fulfilled the element of criminal liability in general. Keywords: law enforcement, criminal acts, accidents, traffic�ABSTRAKEquality before the law merupakan salah satu asas penting dalam hukum modern, dimana ini menjadi salah satu sendi doktrin Rule of Law yang di negara berkembang seperti Indonesia, sehingga asas ini dijadikan landasan oleh setiap manusia dalam melakukan penegakan hukum. Makin meningkatnya aktivitas lalu lintas memicu peningkatan masalah yang berhubungan dengan lalu lintas, salah satunya dalah kecelakaan lalu lintas. Masalahnya adalah sulit dalam memberikan penegakan hukum yang dapat menimbulkan efek jera sehingga timbul kesadaran berlalu lintas. Tujuan dalam studi ini adalah untuk meninjau penegakan hukum pidana yang ditinjau dari perundang-undangan dan meninjau pertanggungjawaban pada kasus tindak pidana kecelakaan lalu lintas yang menyebabkan hilangnya nyawa orang pada tindak pidana kecelakaan lalu lintas di Kota Semarang. Jenis penelitian yuridis normatif. Sifat penelitian menggunakan deskriptif kualitatif. Teknik pengumpulan data menggunakan data sekunder (putusan nomor 599/Pid.Sus/2017/PN.Smg dan nomor 625/Pid.B/2017/PN.Smg.). Hasil menujukkkan bahwa penegakan hukum pidana kecelakaan lalu lintas yang mengakibatkan hilangnya nyawa orang masih memeiliki beberapa kelemahan dan untuk pertanggungjawaban pidanya telah memnuhi unsur pertanggungjawaban pidana secara umum.Kata kunci: penegakan hukum, tindak pidana, kecelakaan, lalu lintas

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Formulating Criminal Liabilities Regarding Online Prostitution

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 427
Author(s):  
Trio Angga Laksana ◽  
Y.A. Triana Ohoiwutun ◽  
Fanny Tanuwijaya
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Common Term ◽  
Similarities And Differences ◽  
Principle Of Legality

This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law. Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.

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.

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