Уголовно-правовая охрана корпоративных отношений

Право. Журнал Высшей школы экономики. 2014. № 3. С. 144–158.

Семенов Т. В.

The author of the paper analyzes corporate relations in terms of the criminal law protection and the area of the prohibitions imposed by criminal law. Attention is paid to dynamism of social life and the emergence of a new type of public relations more than two decades ago, that is a new group of public relations requiring a detailed academic understanding. Due to the priority of compensating legislation for criminal law, normative and doctrinal characteristics of relations formed inside a corporation are given. The author analyzes the views on the definitions of the concept and legal nature of corporate relations by modern legal academics. The paper notes the lack of unanimity to their understanding. The paper gives a variety of views in the modern legal literature on the concept and legal nature of the group of public relations which may be attributed to the following conceptions: 1) theory of unanimous legal relation; 2) theory of organizational and property relations; 3) theory of any legal relations between a legal entity and its participant; 4) theory of secondary rights; 5) theory of corporate legal capacity; 6) theory

of absolute relations. The paper notes the legal broadening of the concept of civil law since March 1, 2013 at the expense of including corporate relations. The author outlines their legal interpretation as the relations of participation in corporation and managing it. It argues that despite lawyers specify two subgroups of corporate relations, relations of participation in a corporation are major and relations of management are secondary. A special analysis has been made for article two of the Russian Federation Civil Code in terms of including the group of relations to the object of criminal law protection. A conclusion has been made as to the legality of spreading criminal law means to protect corporate rights and interests. The paper has been shown the necessity to protect them by criminal law like those of branch means of protection. The article specifies various cause and effect relations justifying the relevance to set up practically appropriate prohibitions imposed by criminal law in the area of corporate relations. The combination of various social, economic and legal reasons may account for it.

 

 

Keywords: корпорация, corporation, корпоративные отношения, уголовно-правовой запрет, criminal law means, criminal protection in the area of corporate relations, criminal protection, theories of corporate relations, corporate relations, объект уголовно-правовой охраны, теории корпоративных отношений, средства уголовного закона, уголовно-правовой запрет в сфере корпоративных отношений