The article is devoted to the analysis of the institution of measures of criminal law in relation to legal entities that existed in the Criminal Code of the Kyrgyz Republic dated February 2, 2017, no. 19 due to the criminal law reform of 2012-2020. allegedly relying on the concepts and concepts developed by the law of both the European Union and international law, but not once applied in any criminal case in the Kyrgyz Republic for the entire period of validity of this Criminal Code (from January 1, 2019 to the middle November 2021), when, as a result of the adoption of the new Criminal Code of the Kyrgyz Republic (enacted by the Law of the Kyrgyz Republic of October 28, 2021 No. 126), this institution was liquidated. Based on the analysis of the history of the development of the institution of criminal liability of legal entities under the laws of other countries, international conventions, the authors come to the conclusion that it is absolutely inapplicable, groundless, illegal to include legal entities as subjects of quasi-criminal liability and punishment in the Criminal Code of the Kyrgyz Republic. The authors propose measures to combat such initiatives and “reforms” of criminal law in order to avoid collapse, paralysis of the law enforcement system, similar to the one that arose in 2020 inthe Kyrgyz Republic due to the new Criminal, Criminal Procedure and other codes.
Read full abstract