Volynetsʹ R. Criminal protection of the stock market

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U002688

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

29-11-2018

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

In the dissertation the theoretical and applied problems of the integrity of the criminal-law protection of the stock market are analyzed for the first time and in this regard the theoretical problem in the science of criminal law is systematically solved. As a result of the historical analysis of normative regulation in Ukraine, the criminal liability for encroachments on the stock market is substantiated by the fact that the state has always been obliged to participate in the economic regulation of the stock market and influenced, as a compulsory shareholder in the stock market, to establish a norm of prohibitions that provided for the punishment of such encroachment At the same time, at various stages of the formation of the stock market criminal-law protection were subject only to its individual "elements". Generic and immediate objects of crimes against the stock market are determined. Within the generic object of the crimes provided for in Section VII of the Special Part of the Criminal Code, a specific object such as the stock market, which forms such socially protected values protected by criminal law, is singled out as: a) the rights, freedoms and law-protected interests of the stock market participants; b) victims (participants in the stock market and other persons owning issued securities or other financial instruments used in the stock market); c) social relations between stock market participants, as well as other persons who own other financial instruments and exercise their rights, freedoms and interests in the legal market relations of the stock market.

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