Is it time to change approaches to bringing businesses to criminal liability?

Advocacy
14:56 Mon 02.09.24 417 Reviews
Print

The institution of criminal liability of legal entities, introduced in 2014, is ineffective. For example, the list of sanctions that can be imposed on businesses is quite limited and unbalanced.

For these reasons, in order to fundamentally change the approach to holding a legal entity liable for committing a criminal offense on its behalf or in its interests, a group of MPs registered in the Parliament the draft Law No. 11443 dated 25.07.2024 «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine on Bringing Legal Entities Liability for Corruption Criminal Offenses in Line with International Standards».

The document proposes to provide for grounds for applying criminal law measures to a legal entity regardless of bringing an individual to justice, expanding the list of criminal law measures and increasing the amount of a fine that may be applied to a legal entity, and the possibility of applying special confiscation based on a court order to apply criminal law measures.

It is also envisaged that the legal entity will be subject to additional (non-financial) criminal law measures. It is a rather broad list of prohibitions on activities for a certain period, namely:

1) to participate in public procurement;

2) to use a license;

3) participate in the privatization of state and municipal property;

4) participate in the lease of state and municipal property (including the extension of the lease agreement);

5) obtain and extend a special permit for subsoil use (including suspension of a special permit for subsoil use);

6) participate in the bodies of social tripartite dialog;

7) purchase bonds of internal state loans of Ukraine;

8) create and participate in the work of self-regulatory organizations;

9) to provide and receive advertising;

10) to carry out sponsorship;

11) participate in public-private partnerships;

12) participate in joint ventures.

In addition, non-financial measures of a criminal law nature will include temporary restrictions on the following rights and benefits:

1) to receive any benefits and assets from the state and the community;

2) to attract, use, and utilize funds from international technical projects and international financial transactions;

3) to receive state aid by business entities (to be a recipient of state aid);

4) acquire the status of a resident of Diia City;

5) receive state and other financial support for export activities.

The Ukrainian National Bar Association's Committee on Anti-Corruption Policy and Compliance, having analyzed the draft, concluded that such a legislative initiative could be widely applied to an unlimited number of cases and business entities, including those of good standing. As a result, it will increase the pressure on business many times over.

In today's reality, when business is already struggling, implementing the provisions of the law as drafted will inevitably lead to a freeze in business activity with all the negative consequences that this entails. And these potentially negative risks outweigh the benefits of implementing the proposed rules by several times.

Therefore, the UNBA concludes, it is advisable to postpone the adoption of the draft law for another time.

Popular news

Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 324
Open dialogue between the UNBA and the European Commission on the path to EU

European integration

Open dialogue between the UNBA and the European Commission on the path to EU

The Ukrainian National Bar Association held a working meeting in Brussels with Mr Wolfgang Nozar, Head of Unit for Governance, Rule of Law and Financial Assistance, Directorate-General for Enlargement and Eastern Neighbourhood (DG ENEST), European Commission.

18:41 Fri 06.02.26 111
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 306
UNBA and Ukraine's representation to the EU have synchronized their priorities

European integration

UNBA and Ukraine's representation to the EU have synchronized their priorities

On February 5, in Brussels, the President of the UNBA, BCU Lidiya Izovitova held a working meeting with the Ambassador Extraordinary and Plenipotentiary of Ukraine, Representative of Ukraine to the European Union Vsevolod Chentsov.

20:19 Thu 05.02.26 116
Proceedings opened following attack on advocate in Dnipro

Guarantees of the practice of law

Proceedings opened following attack on advocate in Dnipro

The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.

15:53 Wed 04.02.26 264
«With us — to Europe»: Italian advocacy supports UNBA initiatives

Interaction

«With us — to Europe»: Italian advocacy supports UNBA initiatives

On January 30, a meeting was held in Rome between a delegation from the Ukrainian National Bar Association and the National Bar Council of Italy (Consiglio Nazionale Forense, CNF) on the standards and practices of the legal profession and their significance for Ukraine's European integration process.

14:07 Mon 02.02.26 156
France confirms cooperation with UNBA on reforms in the field of the rule of law

Interaction

France confirms cooperation with UNBA on reforms in the field of the rule of law

On January 29, a working meeting between representatives of the Ukrainian National Bar Association and the French National Bar Council (Conseil National des Barreaux, CNB) took place in Paris.

20:47 Fri 30.01.26 141
UNBA office opens in EU capital

Abroad

UNBA office opens in EU capital

To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.

18:21 Thu 29.01.26 192

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл