Journal article Open Access

Criminal Liability of Legal Entities

Tetiana Ye. Kravets

The article deals with certain problems arising out of implementation of criminal liability of legal entities in Ukraine. The author researches experience of criminal liability of legal entities in some foreign countries and analyzes existing problems of this institute. Foreign and national approaches to criminal liability of legal entities have been compared. The issue of incompliance between international standards in criminal law and traditional approaches to the main institutes of criminal law in Ukraine has been considered. The article deals with theoretical and practical application of criminal liability against legal entities. Grounds for criminal liability and types of punishment which can be applied to legal entities and their future implementation in Ukraine have been emphasized. It has been established that economic imfluence is the most effective against legal entities. That is why the most common type of sanctions for legal entities is fine. Implementation of criminal liability of legal entities in foreign legislation was a significant step towards counteraction to illegal activities of these entities. Foreign experience is useful and efficient for future implementation of European integration of Ukraine and attempts to solve existing problems related to bringing of legal entities to liability. At the same time, it would be possible to use experience of the state which implemented the most effective mechanisms of impact on legal entities for corruption and other crimes. For national legislation this step is really revolutionary. But if the legislator is interested that this institute operates effectively certain amendments and supplements to the Criminal Code of Ukraine are needed.           

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