Vasilin Y. Bringing bank to insolvency: social conditionality of criminalization, analysis of crime

The thesis is devoted to the complex legal study of issues of social determination of criminalization of bringing bank to insolvency and the relevant crime set. The grounds and reasons criminals of bringing bank to insolvency are determined, the state of consideration of the principles of criminalization in determining criminal liability for this crime is clarified. In particular, it is found out that the ground for criminalizing bringing bank to insolvency was the need to stabilize the situation in the banking system of Ukraine, which had to be achieved by introduction of criminal liability of persons associated with the bank for the commission of the act in question. It is proved that, when supplementing the Criminal Code of Ukraine with Art. 218-1, the legislator mainly took into account only social and socio-psychological principles of criminalization (in particular, social danger). It has been established that, despite the inherently risky nature of banking business, the criminal law mechanism for protecting the rights of creditors and the state cannot be considered effective without the availability of the possibility of criminal liability for involuntary bringing of bank to insolvency in its arsenal. Taking the above into account, and also relying on relevant foreign and historical experience, it is proposed to supplement the Criminal Code of Ukraine with Article 219-1 «Involuntary bringing bank to insolvency». The necessity of wording the title of Section VII of the Special Part of the Criminal Code of Ukraine «Offenses against Economic and Financial Activities» is argued.