CEU Electronic Theses and Dissertations, 2019
| Author | Shcherbai, Orest Andriiovych |
|---|---|
| Title | Corporate Criminal Liability: Comparison of Ukrainian and the US Model |
| Summary | The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Implement the Action Plan for the European Union Liberalisation of the Visa Regime for Ukraine Regarding Liability of Legal Entities” was adopted by Ukrainian Parliament on 23 May 2013 and introduced the previously non-existent concept of corporate criminal liability in the forms of specific criminal law measures into Ukrainian legislation. Even though such legislative steps are considered to promote democracy and rule of law, this concept is hardly accepted in Ukrainian legal community because of its novelty and the absence of comprehensive doctrinal explanation. In view of these legislative changes, this thesis is focused on the evaluation of pros and cons of the concept of corporate criminal liability in Ukraine, as well as on the examination of features of the corporate criminal liability in the US and on the possibility of implementation the US experience into Ukrainian legislation to enhance this newly introduced concept. The comparative examination of legislation and relevant court practice of both Ukraine and USA is the core basis of the analysis. The first part of the thesis describes the general concept of corporate criminal liability and rules of attribution. The second part of the thesis is dedicated to the history of American experience in the field of corporate criminal liability. Meanwhile the third part is devoted to the essence of criminal law measures imposed on corporations in Ukraine. Finally, the thesis proposes to provide some implications of the US approach and amendments in Ukraine. |
| Supervisor | Lawrence Jessica |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/shcherbai_orest.pdf |
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