Bagaev I.Z., Sitnik V.N., Plutalov I.Y. On the Issue of Criminal Liability of Legal Entities in the Russian Federation Through the Prism of Harmonization of Law
DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.29
Ibragim Z. Bagaev, Master Student, Moscow Academy of the Investigative Committee of the Russian Federation, Vrubelya St, 12, 125080 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8614-2883
Vladislav N. Sitnik, Student, Saratov State Law Academy, Institute of the Public Prosecutor’s Office, Volskaya St, 1, 410013 Saratov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-7976-3363
Ivan Y. Plutalov, Captain of Justice, Head of the Tushinsky Interdistrict Investigative Department of the SU for the NWAO of the GSU of the IC of the Russian Federation for Moscow, Aerodromnaya St, 15, Bld. 1, 125363 Moscow, Russian Federation; Candidate for a Degree, Department of Administrative and Financial Law, Peoples’ Friendship University of Russia, Miklukho-Maklaya St, 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9243-2617
Introduction: despite the fact that the first legal entities appeared in Ancient Rome, the modern Russian legislation refers to them only as the subjects of civil and administrative responsibility. In accordance with the Criminal Code of the Russian Federation (hereinafter, referred to as UK RF), only sane individuals who have reached the age of criminal responsibility are subject to criminal liability. Against the background of this provision, the possibility of introducing the criminal liability of legal entities, at first glance, is rather doubtful. The arising doubts are also supported by the fact that neither a single principle, no a norm or institution of criminal law of the Russian Federation is applicable to a legal entity. However, in the vast majority of foreign countries, this institution has been successfully operating for many years, during which it has shown the validity and the objective necessity of its existence, in whose connection the authors aim to investigate the problems of introducing the criminal liability of legal entities in the Russian Federation. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of systematicity, abstraction, analysis and comparative law. Conclusions: as a result of the study of the domestic, international and foreign experience, in particular, the international treaties of the Russian Federation and the criminal legislation of various countries, the proposals are formulated for the legislative regulation of the criminal liability of legal entities in the Russian Federation, as well as the need for further legal rethinking of the problem, which will be expressed in drawing public attention to the importance of this issue, its legislative regulation, the review of previously submitted draft federal laws on introducing the criminal liability of legal entities in order to identify and eliminate the provisions that prevent their adoption.
Key words: criminal liability, legal entities, harmonization of law, international treaties of the Russian Federation, crime, punishment, the principle of guilt.
Citation. Bagaev I.Z., Sitnik V.N., Plutalov I.Y. On the Issue of Criminal Liability of Legal Entities in the Russian Federation Through the Prism of Harmonization of Law. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 200-206. DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.29
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