Journal article Open Access
G.V. Didkivska, R.V. Troshchyn
One of the most pressing legal problems of today is the fight against economic crime. Ukraine is on the way to transforming it into a truly independent democratic rule of law. There is a number of positive developments along the way difficulties. Ukraine's transition from totalitarianism to true democracy is no different than in other countries post-Soviet period. The laws of human history are universal as well experience of world civilization shows that the crisis state of society, its economic and social instability are accompanied by a process rapid growth of national and transnational crime. Economic crime goes beyond traditional boundaries and interferes with the most profitable sectors (energy, privatization, financial and credit system) whose criminalization poses a serious threat not only national but also international security.
Criminal law reform has undergone major changes in criminal liability law economic activity, which is quite natural. The system is gone command-administrative socialism with its undeniable domination state-owned property, limited to a minimum by private enterprise, central planning, firm control of the state in economic sphere for the purpose of willful implementation of economic plans, including the use of specially established for this criminal law methods. The transition of the country to a market multifaceted economy, development Entrepreneurship, competition promotion, expansion of foreign trade have objectively necessitated a fundamental review of the laws about so-called economic crimes, taken in the period of total control of the state over all economic activity.
The new economic situation has constantly required criminal liability for a range of socially dangerous acts, violating the foundations of business activity, for the manifestation of monopoly and restriction of competition, for various violations in the sphere of lending and banking, for tax evasion, fees (compulsory payments), for abuse of the issue of securities, for breach of commercial or banking secrecy and some other crimes.
Research of the problem of protection of the economic system of the state by means of criminal law is dictated by exceptional the importance of preventing and overcoming economic crimes in the period transition to a market economy.