The institute of criminal liability of legal entities: the expediency of introducing at the level of the Russian criminal law
Автор: Panaeva L.Ye.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (41), 2024 года.
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The problem of criminalization of the activities of legal entities has again updated its status, which is caused by the recent events of early 2024 (the terrorist attack and fire at the Crocus City Hall concert hall in the Moscow region, the break of the dam in the Orenburg region), which have become a serious test for Russian society. Within the framework of this scientific research, the need for legislative consolidation of the institution of criminal liability of legal entities at the level of federal criminal law is argued, taking into account the impact on this process of events that caused significant harm to both an individual and society as a whole. The onset of socially dangerous consequences is considered as a consequence of the lack of a proper legal regulation mechanism capable of adequately protecting a person from the negative consequences of illegal activities of legal entities. The research uses general scientific methods of analysis, synthesis, induction, deduction, and abstraction. Among the private scientific methods, formal legal and comparative legal methods are used. The material base was made up of current regulatory and departmental acts, scientific works in the field under study, including foreign scientists. It has been established that the current legal regulation applied to legal entities does not meet modern realities, taking into account the expansion of the scale of corporate crimes. The ongoing state policy aimed at increasing the level of entrepreneurial activity, along with the “softening” of control over business entities, requires the introduction of strict liability measures as a deterrent mechanism. The conclusions of the study reflect the arguments in favor of adopting legislative changes that justify the expediency and relevance of introducing the institution of criminal liability of legal entities.
Criminal liability of legal entities, the expediency of introducing the institution of criminal liability of legal entities, a moratorium on inspections of business entities, corporate crimes
Короткий адрес: https://sciup.org/14130595
IDR: 14130595 | DOI: 10.47475/2311-696X-2024-41-2-86-90