Grounds for finding a legal entity to be the subject of criminal liability for corruption crimes

Abstract

The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law’s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption.