THE THEORETICAL MODEL OF THE CORPORATE (COLLECTIVE) CRIMINAL LIABILITY

In the article the question of theoretical model of the corporate (collective) criminal liability is considered. The author defines the factors socially causing the corporate (collective) criminal liability, demonstrates the correlation of collective civil, administrative and criminal liability, analyzes the mechanism of criminal activity of corporate (collective) formations. In the work the conclusion is made that the corporate (collective) criminal liability should be carried out only when other measures (of civil law, administrative character), applied to collective formations, are not capable to restore social justice and to prevent performing of the new deeds causing or capable to cause damage (harm) to the public relations protected by the criminal legislation. The mechanism of illegal activity of corporate (collective) formations is generated by criminal corporate culture under which it is ofefred to understand the policy, the way of management, the course of activity or practice of corporate (collective) formation as a whole or in its structural divisions in which process the illegal activity on behalf of and (or) in interests of corporate (collective) formation is supposed, encouraged or is the result of connivance of the persons who are carrying out the functions of its management. Besides, in the article there is the definition of the conditions of the corporate (collective) criminal liability, the circumstances excluding criminality of activity of legal entities and other collective formations, the punishments and other measures of criminal legal character which can be applied to the collective subject.

• Antonova E.Yu.

• Социальные (общественные) науки