ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Criminal responsibility for certain typical forms of acquisition in the foreign market under foreign legislation

Criminal responsibility for certain typical forms of acquisition in the foreign market under foreign legislation

Pages: 99-108
Year: 2017
Location: Pravova Ednist Ltd

Review

The article analyzes the typical forms of encroachments on the stock market, which are foreseen by the criminal legislation of foreign countries. The author refers to such typical encroachments: forgery of securities (the production of counterfeit securities); use of counterfeit securities (regardless of their issuers); Issue (issue) of securities, which is carried out in general in prohibited ways or in violation of the requirements established by the current legislation; putting into circulation illegally issued securities; violation of the established procedure of circulation (illicit circulation) of securities; illegal use of so-called insider information.

To distinguish these typical forms, criminal law is analyzed in the Netherlands, Denmark, Germany, Poland, Switzerland, Sweden, Spain, Bulgaria, Uzbekistan, Azerbaijan, Kazakhstan, Georgia, Belarus, Latvia, Estonia, Japan, China, Russia, Serbia, Tunisia.

The formulated conclusions determine the typical and non-typical forms of encroachments on the stock market, their correlation among themselves, the significance for the content of these forms of properties of the stock market and legal constructions. It is substantiated that the typical forms of encroachments reflect the essential, most common characteristics of the attack and the damage it inflicted on the "work" of the stock market of any country (or most of the countries with a similar stock market system).

It is determined that the standard forms refer to the violation of the following phases of the "work" of the stock market: associated with the exercise of the powers of the stock market participants, depending on the form of the security (forgery, use, sale of deliberately fake securities); associated with the process of issue (issue) of securities, their introduction into circulation and circulation; use of insider information in the process of issue (issue) and circulation of securities.

Key words: securities, stock market, standard forms, foreign countries, criminal legislation. 

Criminal responsibility for certain typical forms of acquisition in the foreign market under foreign legislation