Panko M. Proving the circumstances that are the basis for the application of criminal law measures concerning legal entities.

The dissertation is a research that is devoted to the issues of proving the circumstances that are the basis for the application of measures of criminal law concerning legal entities. Based on the obtained results, the necessity of legislative enshrinement in the Criminal procedural Code of Ukraine of separate criminal proceedings concerning a legal entity and a person suspected of committing on its behalf and in its interests criminal offenses under Article 96-3 of the Criminal Code of Ukraine, in cases where simultaneous pre-trial investigation is impossible. It is proposed to enshrine the Standard Provision on the Procedure for Organizing and Conducting of Anti-Corruption Inspections of Business Partners of a Legal Entity, which should clearly define the list of actions to be taken by the Commissioner. It is clearly argued the necessity of involving an authorized person of the body that carried out the state registration of the relevant legal entity as an authorized person of the legal entity in respect of which criminal law measures may be applied in cases of absence at the legal address of the legal entity of its authorized representatives, failure to establish their location in Ukraine or inability to establish the authority of the representative to act on behalf of the legal entity. The provision that the existence of a written notice of suspicion against an authorized person of a legal entity should not be considered an obstacle to the release of a legal entity from the application of criminal law measures in connection with the expiration of the statute of limitations, as this state of affairs indicates only suspicion in the commission of the relevant criminal offense, and the guilt of the person is stated in the conviction of the court, which has entered into force. The state of theoretical research on the issues of proving the circumstances that are the basis for the application of measures of criminal law to legal entities has been researched. As a result of the analysis of scientific researches it is stated that certain aspects of the considered problem are less researched or not researched at all. An analysis of numerous publications, which considered the concept of proving the circumstances as a fundamental scientific and legal category in criminal proceedings, which resulted in the fact that in the theory of criminal procedure there is no single approach to understanding its content. It is established that the structural elements of proving the circumstances that are the basis for the application of measures of criminal law to the legal entities are the following: collection (detection and fixation), inspection (set of practical actions and mental operations), assessment (establishment of appropriateness, admissibility, reliability and sufficiency of evidence), as well as the use of evidence to establish the relevant circumstances. The methodological bases of research of proving of circumstances which are the basis for application concerning legal entities of criminal-legal character measures are analyzed. The problem of this scientific research was carried out taking into account the study of scientific research in the fields of criminal, criminal procedural, civil and administrative law; conducted a survey of law enforcement agencies and judges on the investigated issues of evidence; analysis of judicial practice by studying criminal offenses, the list of which is provided in Art. 96-3 of the Criminal Code of Ukraine, based on the results of which the court decided on the need to apply to the legal entity measures of a criminal nature. The conditions on the basis of which measures of criminal-legal nature can be applied to a legal entity are singled out: commission by an authorized person of a legal entity one of the criminal offenses provided for in paragraphs 1, 3, 4 and 5 of Part 1 of Article 96-3 of the Criminal Code of Ukraine; commission of a criminal offense by an authorized person on behalf of a legal entity; commission of a criminal offense by an authorized person in the interests of a legal entity; the person concerned is the person authorized to perform his/her duties to take measures to prevent corruption; establishing the scope of duties of the authorized person, as well as finding out which of them has led to the commission of the relevant criminal offense.