Tytarenko S. Criminal liability for illegal seizure of business entities.

The thesis is devoted to consideration of the issues of criminal liability for unlawful seizure of business entities. Analysis of normative and doctrinal approaches concerning manifestations of illegal seizure of business entities and ways to counteract it is conducted. The appropriateness of using generalized construction “unlawful seizure of the subject of economic activity” for the needs of counteracting economic and legal phenomenon under the common name “raidering” and the prospect of using the given terminological structure in official and doctrinal circulation is proved. An emphasis is put on the need for a well-balanced improvement of the Criminal Code of Ukraine in this part – and by means of not a mechanical strengthening of criminal liability, but by a well thought-out (in particular, by referring to the clearly expressed blankness of dispositions of the relevant criminal law provisions) detailing of the criminal behavior limits. Given that the commission of crimes, described in Articles 205-1, 206 of the Criminal Code of Ukraine, is directly related to the creation and activities of legal entities, and that relevant delicts may be committed on behalf and in the interests of such legal entities, and that relevant legislative changes will contribute to the achievement of the positive objectives of criminal law protection of relations, it is proposed to expand the list of grounds for the application of criminal law measures against legal entities by including above mentioned Articles in such list