ECONOMIC OFFENSE AS A GROUND FOR COMPENSATION FOR NON-PECUNIARY DAMAGE TO BUSINESS ENTITIES Cover Image

ECONOMIC OFFENSE AS A GROUND FOR COMPENSATION FOR NON-PECUNIARY DAMAGE TO BUSINESS ENTITIES
ECONOMIC OFFENSE AS A GROUND FOR COMPENSATION FOR NON-PECUNIARY DAMAGE TO BUSINESS ENTITIES

Author(s): Liliia Oliinyk
Subject(s): Business Economy / Management, Criminal Law, Civil Law, Business Ethics, Commercial Law
Published by: Wydawnictwo Adam Marszałek
Keywords: body of economic offense; object of economic offense; objective side of economic offense; subject of economic offense; guilt of business entity;

Summary/Abstract: In this research, which is proposed for the consideration of the scientific community, the author analyzes the essence of the concept of “economic offense”,studies, and summarizes scientific approaches to grounds for economic liability.A separate section of the research is the issue of understanding the essence ofthe economic offense as a ground for compensation for non-pecuniary damage to business entities. Based on the study and analysis of theoretical research onrelevant issues, the author argues that universal characteristics of an economicoffence are elements of its composition, and the sufficient ground for liabilityfor non-pecuniary damage to business entities is the economic offense. At thesame time, all other grounds for economic liability, which are distinguished bysome scholars as independent grounds, incl. law ground, economic legal person-ality, and certain aspects (or conditions) of economic offense, are not separategrounds but comprise the economic offense’s composition. In addition, the au-thor identifies and studies the elements of the economic offense’s compositionas a ground for compensation for non-pecuniary damage to business entities.It is established that they are the object, the objective element, the subject,the subjective aspect. Thus, the research findings allow concluding that the economic offense may have a full or reduced composition, depending on the legal requirements for a particular element of the offense. Moreover, the most controversial issues concerning economic offenses, including the subjective aspect of the economic offense or the guilt of the business entity, are highlighted as ones which require further detailed scientific research.

  • Issue Year: 1/2022
  • Issue No: 33
  • Page Range: 97-113
  • Page Count: 17
  • Language: English