CONSPIRACY TO COMMIT UNLAWFUL ACTS AS A GROUND APPLICATION OF MEASURES OF CRIMINAL LAW FOR LEGAL PERSONS

Abstract

The purpose of the article is to establish the appropriateness of the criminal-law measures against legal entities for the commission by an authorized person on the behalf and in the interests of a legal entity of a conspiracy to commit unlawful actions. To accomplish the tasks, the following main conclusions were made. Conspiracy is an inherent property of complicity in a crime and is inherent in all forms of complicity listed in Article 28 of the Criminal Code of Ukraine. In each of these forms the conspiracy is characterized by a qualitative sign: the more dangerous is the form of complicity in the crime, the more complex the conspiracy between the accomplices should be. The conspiracy is inherent both for the complicity of the "special" kind, and for participation with the distribution of roles, when for the criminal-legal qualification of actions of persons it is necessary to determine the role of each accomplice in the committed act. By conspiracy of authorized persons who commit crimes on behalf and (or) in the interests of a legal entity, legal persons are subject to criminal-law measures, if the qualifying element of the crimes referred to in Article 96-3 of the Criminal Code of Ukraine is the commission of them for by prior conspiracy by a group of people or an organized group. In addition, the use of such measures is possible in the event of criminal prosecution of the creation and operation of organized forms of complicity. It is proposed to expand the list of crimes in paragraph 4 of paragraph 1 of Article 96-3 of the Criminal Code of Ukraine by indicating the crimes envisaged in paragraph 5 of Article 143 (participation in transnational organizations engaged in the illicit trade in human anatomical materials), in articles 255 (creation of a criminal organization), 257 (banditry). The gap in the legal regulation was revealed in the part of absence in the norms of section XIV-1 of the General part of the Criminal Code of Ukraine indications that an authorized person may commit a crime on behalf of and in the interests of a legal entity independently or in complicity. Proposed ways to eliminate it.