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Должностные лица в акционерных обществах: уголовно-правовое и корпоративное понимание признаков специального субъекта
The article is concerned with an unclear issue in defining a public official under Russian Criminal Code. Since 2015, more strict criminal liability is imposed on those persons who hold an official position in joint stock companies with control stake belonging to the State. However, there are serious problems in interpretation this notion. Firstly, control stake is not defined in corporate legislation; rather, it is a factual concept depending on existence of corporate control in each given case. Secondly, there is an inconsistency in case law with either admitting or not of indirect participation of the State in joint stock companies as a basis for criminal liability of officials in such companies as public officials. Authors try to reconcile criminal and corporate legislation on this issue. They propose concept of control stake which is based on corporate legislation but may be also used in criminal legislation.