Bondarchuk V. Criminal liability for sham business (art. 205 of the Criminal Code of Ukraine).

Dissertation arranged as a comprehensive scholarly treatise, dedicated to the analysis of the socially determined criminalization of the sham entrepreneurship within the ambit of Article 205 CCU. Hence, both the mens and actus rea of the sham entrepreneurship crime corpus delicti, the penalty applicable herein, as well as the relevant theoretical propositions and the considerations on the practice of Article 205 CCU application are in the focus of the Dissertation. Besides, prescriptions of foreign penal legislation, as compared to the domestic one, are also dealt with. Finally, Dissertation submits some findings and conclusions on the peculiarities of the historical development of sham entrepreneurship and its subsequent criminalization, on principal approaches for its prohibition adopted in overseas jurisdictions, and on the deficiencies of legislative construct of sham entrepreneurship responsibility, currently employed in Ukraine. Proposed is new version of the Article 205 CCU, based on the civil concept of the sham legal act.