Kamensky D. Criminal law protection of economic relations in the USA and Ukraine: a comparative study.

The dissertation is a comprehensive comparative study of the issues of criminal law protection of economic relations in the United States of America and Ukraine, based on which a conceptual model of improvement of the provisions of the legislation on liability for economic crimes and relevant law enforcement practice have been elaborated. In the context of globalization, elements of the convergence of Ukrainian and American legal systems have been established, based on the provision of the Constitution of Ukraine on submission to the judge of the rule of law when administering justice (Article 129) and in the legislative authorization (Part 5 and Part 6 of Article 13 of the Law of Ukraine “On Judiciary and Status of Judges”) of the Grand Chamber of the Supreme Court to review court decisions in order to ensure that the rules of law are equally applied by courts. Prospects for the development of the domestic model of mandatory consideration of the Supreme Court legal positions (the model of limited case law enforcement), regarding qualification of economic crimes, have been determined. The official title of Section VII of the Special Part of the Criminal Code is proposed to be renamed with “Crimes against Market Economy” together with the introduction of the term “economic crimes” into practical and doctrinal circulation. Ukrainian approach to the classification of crimes has been found out to be more successful, when compared to the American one, under which all crimes are divided into just two types: serious – felonies and less serious – misdemeanors, while the meaning of the term “white-collar crime” raises uncertainty about the criminal acts it is designed to cover. It has been substantiated that the improved mechanism of state regulation of the behavior of economic entities in Ukraine should include three successive and interrelated levels: the first level (abstract) – economic, related to the economic regulation of behavior, while taking into account the laws and principles of market economy; the second level (general legal) – normative and regulatory, which involves regulation of economic behavior by the rules of positive legislation; the third level (special legal) – criminal law approach, aimed at enforcing law and order in the economic sphere.