Relationship Between Criminal Liability of Legal Entities and the Provisions of Civil Law (on the Example of China, Eastern European Countries and Post-Soviet States)

The study of the prerequisites for criminal liability of legal entities leads to the conclusion that it is necessary to substantiate the limits of liability of legal entities, to analyze the connection between the limits of possible legal capacity of a legal entity in criminal law and the legal capacity of an organization in civil law and other branches of Russian law. The answer to this question will allow us to formulate the concept of criminal liability of legal entities in Russian law, reflecting the inter-branch nature of a legal entity as a potential subject of criminal liability. Determining the civil-law limits of the legal capacity of a legal entity will make it possible to answer the fundamental question of the possibility of recognizing a legal entity as the subject of a crime or other measures of a criminal-law nature. The current legislation of socialist states and post-Soviet countries has a historical connection with modern Russian legislation, which necessitates a scrupulous change in the current legislation on criminal liability of legal entities to resolve the issue of adapting successful solutions to Russian legislation. Particular attention in this study is paid to the issues of prerequisites for criminal liability of legal entities, the relationship between the limits of criminal liability of legal entities and the limits of civil legal capacity and the recognition of a legal entity as a subject of criminal liability or a subject of both criminal liability and a crime.