MODEL OF CRIMINAL CORPORATE LIABILITY IN RUSSIA: SUBJECT OF CRIME OR SUBJECT OF LIABILITY TO PROSECUTION?
MODEL OF CRIMINAL CORPORATE LIABILITY IN RUSSIA: SUBJECT OF CRIME OR SUBJECT OF LIABILITY TO PROSECUTION?

Summary/Abstract: In the Soviet period of development of legal science, ideas of criminal corporate liability could not be considered justified, because all the organizations of that time were completely state-owned. The reactive approach could negate the essence of criminal legal relations, since it would seem absurd that the state should prosecute the state. Adjusting the criminal legislation to modern social and economic requirements, progressive-minded lawyers, developing a new criminal law, proposed to form an institution of criminal corporate liability. The problem of forming an institution arose in the Russian Federation due to the destruction of the Soviet Union legal system and the transition to the construction of new legislation based on the principles of a market economy, in which legal entities are full-fledged subjects of economic relations. Consequently, legal entities are not recognized as the subject of a crime. The purpose of this work is the justification of the concept. The result of the study is a concept based on the idea of a legal entity as a subject of a crime.

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