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Criminal liability of legal entities: a course towards the harmonization of legislation in the new conditions

Criminal liability of legal entities: a course towards the harmonization of legislation in the new conditions

20 July in 11:00 (Moscow time) round table "Criminal liability of legal entities": a course towards harmonization of legislation in the new conditions”, organized by the Delovaya Rossiya Expert Center for Criminal Law Policy and Enforcement of Judicial Acts. The round table will be moderated by a member of the General Council of Delovaya Rossiya, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts, ambassador “business officer” Ekaterina Avdeeva and Deputy Chairman of Business Russia, Deputy Chairman of the Public Council of the Ministry of Industry and Trade of the Russian Federation, Chairman of the Expert Council of the Industrial Development Fund Anton Danilov-Danylyan. The guest of honor is a leading researcher at the Center for Criminal, of Criminal Procedure Law and Judicial Practice of the Institute of Legislation and Comparative Law Alexander Fedorov.

In the current geopolitical realities, the issues of legal regulation, regulation and criminal law protection of economic and entrepreneurial activities, undoubtedly, require intersectoral and comprehensive consideration and again make the issue of criminal liability of legal entities relevant. The main reason for the introduction of criminal liability of legal entities in other countries was the increase in the number and scale of crimes in the economic sphere., committed on behalf of legal entities or for their benefit by individuals. The issue of introducing such an institution has been repeatedly raised at the federal level and in our country., in 2015 year, the State Duma considered the Draft Law dated 23.03.2015 № 750443-6, however, no consensus was reached.

Today, despite , that the subjects of economic activity are both physical, as well as legal entities, the latter are not subject to criminal liability. The question of the implementation of such responsibility is especially acute when a crime is committed in the interests of organizations., at the same time, the complex structure of enterprise management often makes it difficult to identify the person involved in the crime, since the property may de facto belong to another person, which de jure performs meaningful actions. With this design, the perpetrators are identified, violating the principle of justice, complicating the application of Art.. 76.1 CC RF, providing exemption from criminal liability, in connection with the assumption, that everything was done in the interests of the corporation, and the individual did not have a formed intent to commit a particular illegal act. Important, for criminal law to take into account guilt, which, in the case of corporations, may consist of a combination of actions of a number of people, who act in accordance with corporate regulations.

The introduction of the institution of criminal liability of legal persons will have a significant impact on ensuring a safe business environment and protection against corporate crime, one side, and from unfair competition compared to criminal business, on the other hand. It seems appropriate to approach the discussion of the issue through a balanced approach., based on an assessment of the financial and legal consequences of a potential innovation in the deferred period, and include it in consideration of criminal law policy, engaging the business community, law enforcement, science community, judiciary.

Participants of the round table will discuss the issues of correlation of criminal liability of legal entities and individuals, application trends. 76.1 CC RF, providing for the possibility of exemption from criminal punishment in connection with compensation for damage and payment of a fine, prospects for the introduction of the institution of criminal liability of legal entities in terms of harmonization of legislation and law enforcement practice, as well as related criminal law and procedural issues, grounds for criminal liability of legal entities, range of organizations, subject to criminal liability, offenses, types of punishment, applicable to guilty organizations, grounds for their release from punishment, legal consequences of conviction of legal entities, as well as criminal procedural and penitentiary mechanisms for the implementation of relevant criminal law norms.

During the meeting, it is expected, that a business position will be developed, scientific community on the issue of supporting the introduction of criminal liability of legal entities. Alexander Fedorov will help the experts, scientists and entrepreneurs to understand the proposed institution, you can ask questions, make suggestions.

Invited to participate in the round table: representatives of the Federation Council and the State Duma, expert and business community, judiciary, law enforcement, leading law schools in Russia.

Proposals for agenda items are accepted to 19 July 18:00 at pravo@deloros.ru. If you wish to take part with a report, you must send information indicating the speaker, his positions, as well as abstracts of the report.

You can send additional questions to pravo@deloros.ru or ask them by phone: +7 (903) 799-75-79.

The event will be held in a hybrid format at: y. Moscow, he is. Delegate, d. 7, p. 1.

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