Home Articles Legal status of a legal entity as an element of proof in deciding whether to pay a fine in accordance with Part 3 of Art. 96-7 of the Criminal Code of Ukraine

Legal status of a legal entity as an element of proof in deciding whether to pay a fine in accordance with Part 3 of Art. 96-7 of the Criminal Code of Ukraine

Reference

Skarbarchuk О. (2019). Legal status of a legal entity as an element of proof in deciding whether to pay a fine in accordance with Part 3 of Art. 96-7 of the Criminal Code of Ukraine. Підприємництво, господарство і право (№ 3). pp. 322-326.

Agency Expert(s) related to the Article

Dr. Oleksandr Skarbarchuk

Abstract

The article is devoted to the study of the problems of proving the reasons for extension of the fine imposed to the legal entity as form of the corporate liability (measures of a criminal-legal character). It is substantiated that problems can be solved with amendments to the item 1 of the Art. 91 and item 2, part 4 of Art. 374 of the Criminal Procedural Code of Ukraine, that provide including the reasons for the fine’s extension, as a criminal offense, to the subject of evidence in a criminal proceeding; including to the resolution part of the sentence the issue of the extension of a criminal-law measure in the form of a fine. In addition, criteria for the analysis of enterprise property status by the court based on avoiding legal entity dissolution in the case when fine will be paid without its extension are proposed.