The role of non-material (non-financial) criminal law measures in criminal law policy to counter criminal activities of legal entities.

Abstract

The article examines issues of law enforcement related to recent amendments to the criminal legislation of Ukraine governing the application of criminal-law measures to legal entities, introduced following the adoption of Law of Ukraine No. 4111-IX “On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine Aimed at Improving Mechanisms for Holding Legal Entities Liable for Bribery of Foreign Public Officials.” The study analyses the consistency of the expanded system of criminal-law measures with the provisions of the Criminal Code, paying particular attention to the introduction of additional (non-financial) criminal-law measures enshrined in Article 96-10-1 of the Criminal Code of Ukraine. Emphasis is placed on identifying controversial provisions contained in the newly adopted norms, assessed in terms of their compliance with international standards, the implementation of which served as a prerequisite for the incorporation of the institution of criminal liability of legal entities into domestic criminal law.
The article concludes that the introduction of additional (non-financial) criminal-law measures, provided that this legal institution is further refined and existing gaps in law enforcement are eliminated, will have a positive impact on the development of criminal law doctrine and will enhance efforts to counteract criminal activities of legal entities. Such efforts constitute an integral component of state criminal-law policy implemented in fulfilment of Ukraine’s international obligations.