ВПЛИВ «ТЕОРІЇ ФІКЦІЇ» НА ФОРМУВАННЯ СУБ’ЄКТУ ЗЛОЧИНУ В КРИМІНАЛЬНОМУ ПРАВІ УКРАЇНИ
Journal Title: World Science - Year 2017, Vol 5, Issue 10
Abstract
The emergence of the institution of a legal entity in law is due to the complication of social organization of society, the development of economic relations and, as a consequence, social consciousness. The concept of a legal entity is currently actively used almost in all branches of law, but it was formed within the framework of the civil law doctrine, in the context of the regulation of property turnover, and has not yet undergone any changes in the aspect of theoretical revision. The legal structure of a legal entity, which is enshrined in the laws of most countries of the world, and in particular Ukraine, was created for civil law circulation and does not take into account the inter-branch significance of the notion of a legal entity, and, therefore, needs further elaboration. On the basis of the analysis of the main scientific concepts devoted to the study of the legal nature of the above mentioned institute, in order to determine the criminal legal status of a legal entity in the legislation of Ukraine, it was established that a legal entity can be a subject to both lawful and unlawful conduct. For the committed illegal act, one can and should be brought to the appropriate form of legal liability. From the point of view of the theory of law and comparative law, it can be said that a legal entity can be a subject of civil, administrative and criminal liability.
Authors and Affiliations
Олександр Петрович Провоторов
Keywords
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