IS THE CRIMINAL LEGISLATION OF RUSSIA AND THE CRIMINAL LIABILITY OF LEGAL ENTITIES COMPATIBLE?
Antonov A.G.
Saint Petersburg university of the Ministry of internal affairs of Russia, (Saint Petersburg, Russia), professor of the department of criminal law, doctor of law, associate professor.
Annotation:
The article analyzes the correlation between the current criminal law and the criminal liability of legal entities. Based on the essence of domestic criminal law and the characteristic features of a legal entity, arguments are presented showing the impossibility and inexpediency of recognizing a legal entity as a subject of a crime. The commission of a crime by a legal entity does not fit into the concept of domestic criminal and civil legislation. Reasonable questions are raised. How can an organization commit murder, theft and all other crimes enshrined in the Special Part of the Criminal Code of the Russian Federation? The organization consists of people and it is people who perform specific actions. These should be subject to criminal liability. The issue of the possibility of punishing legal entities is also highlighted. The text of the article notes that the system of criminal penalties in the domestic criminal law is formed taking into account its application to a person. How can an organization be imprisoned, assigned a restriction of freedom or compulsory work? These and other acute controversial issues are considered in this article.
Keywords:
legal entity; organization; criminal responsibility; subject of a crime.
