ISSUES OF LEGISLATIVE CONSOLIDATION OF THE OBJECTS OF CRIMES THAT ENCROACH ON THE STOCK MARKET AND THE INTERPRETATION OF THEIR FEATURES
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the analysis of the objects of the syllables of crimes encroaching upon the securities market. Analysis of the composition of crimes against the stock market, depending on the characteristics of these objects and the role they play in the securities market, allowed to divide them into three types: 1) financial instruments for which there is a legal relationship in the stock market or objects that imitate them; 2) documents used in the securities market; 3) information circulation of which is carried out on the securities market. The first group includes items of crimes covered by Articles 199 and 224 of the Criminal Code of Ukraine. The second group includes the subject of the crime envisaged by Article 223-1, and the third group – Articles 223-2, 232-1 and 232-2 of the Criminal Code of Ukraine. In the course of the study, deficiencies in the legal regulation of this element of the syllables of crime were identified and suggested ways of eliminating them. In particular, it was proposed to define both state and non-government securities as the subject of crime under Article 224 of the Criminal Code of Ukraine, to exclude the reference to such an object of a crime as the system of register of holders of registered securities from the disposition of Article 223-2 of the Criminal Code of Ukraine, to expand the list of items of composition a crime envisaged by Article 223-1 of the Criminal Code of Ukraine, to clarify the features of insider information as a criminal offense under article 232-1 of the Criminal Code of Ukraine, to despose in the new edition, the disposition of part one of Article 232-2 of the Criminal Code of Ukraine, etc., is added. Controversial issues concerning the interpretation of these features in the scientific literature were also considered, and their own position on these issues was expressed.
Authors and Affiliations
Р. А. Волинець
Keywords
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