Category: Tribune of young scientis
Pages: 188-194
Library: Actual problems of criminal justice
Location: Pravova Ednist Ltd
Year: 2018
N° catalog: 4
File: 4_2018_yakumchuk.pdf
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The existence of criminal law provisions that impose sanctions on participants in criminal proceedings for non-fulfillment or improper performance of their procedural duties contributes to the fulfillment of the tasks of criminal proceedings in general. The representative of a legal entity in the criminal proceedings is a participant who has a certain amount of procedural duties and is accordingly liable for non-performance or improper performance. The representative of a legal entity can be brought to administrative, criminal and disciplinary responsibility. However, due to the disadvantages of domestic legislation, in practice there are some law conflicts with the bringing of a representative of a legal entity to liability. In addition, the effectiveness of the legal norms providing for sanctions for non-compliance with procedural obligations, due to the lack of a mechanism for prosecution, is significantly reduced.

The purpose of the article is to analyze the criminal law provisions which provide for the responsibility of a legal entity representative as a party to criminal proceedings. The author also aims to identify the main disadvantages and to propose the legislative ways to eliminate them.

Having examined the legal regulation of bringing a legal entity representative in criminal proceedings to the responsibility, the author has established that in the absence of a representative of a legal entity in the list of persons who are held liable for non-compliance with procedural obligations, the representative of a legal entity often does not bear any responsibility or there is no mechanism for bringing disciplinary responsibility at all. In addition, the criminal liability of the prosecution without authority also needs the analysis.

Based on the analysis of procedural law and judicial practice, the author proposes a number of legislative changes that will help to avoid legislative conflicts and provide an effective mechanism for bringing legal representatives to disciplinary liability.

Key words: representative of a legal entity, attorney, liability, procedural duty, criminal proceedings. 

2018 4 tutyl 1

2018 4 zmist 1 eng

 

2019 1 zmist ukr 4

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