CRIMINALIZATION OF BRINGING THE BANK TO INSOLVENCY AS ANOTHER MANIFESTATION OF THE UNSYSTEMATIC CRIMINAL LAWMAKING IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
Criminal law ban dedicated to liability for bringing a bank to insolvency is subjected to a critical analysis, deficiencies of this ban are pointed out. Position about inappropriateness of adding Art. 218-1 to the Criminal Code of Ukraine is substantiated, since this decision was accompanied by numerous violations of both general legal and criminal legal systemic principles of criminalization. In particular, it was found that when supplementing the Criminal Code of Ukraine Art. 218-1 such principles as: system-legal consistency of criminalization were violated; the procedural feasibility of prosecution; the principle of absence of gaps and non-simplicity of the ban; proportionality of sanctions and the economy of repression. Its relationship with the Art. 219 of the Criminal Code of Ukraine «Bringing to Bankruptcy» as the general criminal law norm and also norms of legislation on administrative liability for violations of banking laws are considered. In the order of disclosure of blanket disposition of Art. 218-1 of the Criminal Code of Ukraine the relation of the conceptual apparatus of this criminal law norm with the conceptual apparatus of regulatory legislation (banking, about bankruptcy) is demonstrated. It was found that the degree of public danger of such an act as bringing the bank to insolvency is not significantly higher than the degree of public danger of many acts, the responsibility for which is provided by the general Art. 219 of the Criminal Code of Ukraine (it concerns the city-forming enterprises, especially dangerous business entities, insurers, farms), which also indicates that there are no grounds for providing liability for the relevant acts under a separate special criminal prohibitions. Considering the need to eliminate these violations, it was suggested to provide for criminal liability for bringing the bank to insolvency within the framework of the general rule on bringing to bankruptcy (Art. 219 of the Criminal Code of Ukraine) with subsequent allocation in the latter part 2, which should provide responsibility not only for bringing the bank up to insolvency, but also other most dangerous manifestations leading to bankruptcy, connected with bankruptcy of city-forming, especially dangerous subjects of entrepreneurial detective insurers and the like.
Authors and Affiliations
Р. О. , Мовчан, Є. М. , Васілін
Keywords
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