AVOIDING OF SERVING PUNISHMENTS (THE PROBLEMSOF RESPONSIBILITY OF JURIDICAL PERSON)

The problem aspects of admission the juridical person as the subject of the criminal responsibility have been investigated in this article. As the author says, ukrainian scientists have been discussing the relevance of bringing such person to criminal responsibility according to the Ukrainian legislation and the realities of practice for decades. In this direction they analyzed and relied on international experience. In particular, of such countries as USA, Great Britain, France, Canada, Netherlands, Moldova, Denmark, Switzerland and others, where the juridical person was considered and is considered as the subject of criminal responsibility. The author states, that the discussion of admission the juridical person as the subject of the criminal responsibility in Ukraine hasn’t found a common approach to resolve it. In the doctrine of criminal law two groups of scientists with opposite looks and suggestions in relation to the decision of this issue are formed: first - opponents of admission the juridical person as the subject of crime and the subject of criminal responsibility (O. Okhman, M. Mychko, V. Tatsiy, T. Batrachenko and others), second - supporters of establishing of the criminal responsibility of the juridical person (V. Htyshchuk, O. Mykhaylov, S. Kelina, L. Shekhovtsova, A. Kozlov, O. Paseka etc.) But the changes to the current legislation show that ukrainian lawmaker hasn’t established de jure such independent subspecies of the criminal responsibility as the criminal responsibility of the juridical person. Such conclusion was done, in particular, on the basis of the detailed analysis and differentiation of concepts «subject of crime» and «subject of criminal responsibility». Corresponding arguments are brought by the author. It is considered that if a crime is committed by a natural person as authorized person of juridical person, the last must be responsibility for the result of that act. A juridical person cannot be unpunished in this case. And as a juridical person is not allotted and cannot be allotted with such general signs of subject of crime as sanity and age of criminal responsibility we cannot speak about it as a compulsory element of the crime – subject of crime. Based on the above, the author doesn’t recognize the juridical person as the subject of the crimes that consist in avoiding serving punishments not connected with the isolation of person. Such conclusion swims out both from the analysis of general signs of subject of crime and from the detailed researching of criminally - legal norms that envisage the possibility of application to the juridical person the measures under criminal law. Therefore, it is concluded that today a juridical person can be considered only as the subject of responsibility, but not to be the subject of crime. The crimes that consist in avoiding serving punishments not connected with the isolation of person can be commited only by natural person. And only it can be a subject of such crimes.

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