Уголовная ответственность юридических лиц: аргументы за и против

Балтийский гуманитарный журнал. 2017. Т. 6. № 3 (20). С. 333–336.

Abramyan T.

The article is devoted to analysis of corporate criminal liability. Author analyzes the international and foreign

legislation, as well as the prospect of the introduction of such responsibility in the Russian legislation. Like any other innovation it has its advantages and disadvantages, which is also discussed in this article. Author analyzes the rules on the liability of legal persons in foreign law, cases of foreign and Russian judicial practice, as well as a bill about introducing the criminal liability in Russian Federation. The article aims to analyze the institute of criminal liability of legal persons, to identify the legal and historical aspects of its appearance, and the existence of similar rules in current Russian legislation. Author used different research methods such as: method of system analysis, the historical-legal method and comparative legal method. The result: author shows theoretical analysis of the arguments of supporters and opponents of the institute of criminal liability of legal persons, as well as the practical results that have allowed to say own opinion on absence of necessity of introduction of criminal liability of legal entities in Russia. Scientific novelty: author suggests her own ideas of improvement of the current legal regulation of the liability of legal persons, based on the analysis of the rules with different legal nature and established practice of their application. Practical relevance: the main provisions and conclusions of the article can be used in scientific, legislative and educational activities when the necessity of introducing criminal liability of legal entities in Russia are considered. 

 

Keywords: ответственность, liability, юридическое лицо, legal person, Compliance, комплаенс, criminal liability of legal entities, administrative liability of legal entities, piercing the corporate veil, уголовная ответственность юридических лиц, административная ответственность юридически лиц, снятие корпоративной вуали