Death Penalty (Liquidation) of a Legal Entity as a Criminal Punishment and Bringing of a Legal Entity to the Criminal Liability after Winding up: Foreign Experience

The article is dedicated to issues of criminal liability of legal entities. Criminal sanctions applicable to legal entities including measures of criminal punishment are reviewed. It is noted that where a death penalty (deprivation of life) is the supreme measure of punishment for individuals, the supreme measure of punishment for legal entities is liquidation of a legal entity, its death penalty in fact, which manifests itself in the loss of the legal capacity. Attention is paid to the fact that punishment in form of liquidation is usually imposed in cases when the activities of a legal entity were in general or to a great extent aimed at committing of criminal acts or when the seriousness of a committed crime makes it impossible to preserve a legal entity and continue its activities. It is noted that court may impose other punishments in addition to liquidation of a legal entity, for example, property seizure or a fine. The author gives examples of application of liquidation of a legal entity as a criminal punishment abroad. It is stated that in some countries it is possible to bring a legal entity to the criminal liability after winding up (loss of the legal capacity). Attention is focused on the fact that while death of an individual makes criminal prosecution impossible, loss of the legal capacity ("death" of a legal entity) should not exclude the criminal liability, as self-liquidation may for example be one of the ways of evasion from criminal liability by a legal entity. Conclusion is made that study of the foreign experience of introduction of the criminal liability of legal entities including application of such criminal sanction as liquidation of a legal entity and the establishment of the regulatory procedure for the criminal liability of a legal entity after winding up (loss of the legal capacity) is more than of theoretical interest only, as there are objective prerequisites for the introduction of the criminal liability of legal entities in the Russian Federation and study of foreign laws in the indicated sphere is important for the development of the Russian theory of the criminal liability of legal entities and drafting of the corresponding amendments to the Russian criminal laws.

Relevant Issues of Corruption Combating

The article is devoted to challenging aspects of modern corruption combating and the evaluation of the efficiency of Russian laws securing due combating of corruption of legal entities.

Sports Criminal Law: Basis and Limits of Criminalization of Activities Related to Doping

The article has been based on the theses of speeches of the author at the International Scientific and Practical Conference Sports in the National Law and International Law Dimension: Relevant Issues (April 4, 2018, the Institute of Legislation and Comparative Law under the Government of the Russian Federation) and is dedicated to the issues of sports criminal law related to the detection and investigation of basis of criminal activities connected with doping. It is concluded that criminalization of activities related to doping shall be based on their social hazard connected with the serious hazard of doping for the health of sportsmen. Within the context of establishment of criminalization limits for activities related to doping, articles of the Criminal Code of the Russian Federation are analyzed, which set responsibility for inducement of sportsmen to use doping (substances or methods forbidden in sports) and the use of doping in relation to a sportsman (articles 230. and 230. of the Criminal Code of the Russian Federation).

Peter the Great’s Major Investigative Offices: Celebrating the 300th Anniversarys

The article is devoted to the substantiation of the significance of a little-known memorial date — the 300th anniversary of foundation of «Major’s» investigative chancelleries of Peter the Great. Provides information about the history of the study of these chancelleries. The article details the content of the Decree of December 9, 1717 to «Major’s» chancelleries. It is shown that the Decree was the first in the history of Russian law by the legislative act, which fixed the selection of the preliminary investigation stage in the criminal process. Given the examples of investigative activity of M. Volkov’s and I. Dmitriev-Mamonov’s chancelleries.

The Origins of the Russian Investigation

The article is devoted to the organization of searching criminals and tracing of stolen property in the Russian state in X-XVII centuries. Particular attention is paid to such pre-trial proceedings as «persecution track» («gonenije sleda»), «annunciation» («zaklich») and «svod». Characterized by a circle of officials, involved in pre-trial proceedings in cases of crimes, as well as consider the change process indictment to investigative process.

On the issue of introduction of criminal responsibility of juridical persons for corruption crimes

The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.