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

Advocacy
14:56 Mon 02.09.24 573 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

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 128
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 142
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 173
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 108
Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Edition

Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations

Military service is incompatible with the practice of law; therefore, an advocate suspends their practice for the duration of their service. However, upon returning, they must reinstate their right to practice law, refresh their knowledge and reestablish their organizational and digital processes.

10:56 Tue 25.08.26 102
Energy, focus and priorities: how an advocate should plan their day

Educational events

Energy, focus and priorities: how an advocate should plan their day

A rigid workday schedule becomes irrelevant when your routine depends on air raid alerts and disrupted sleep caused by nighttime explosions. Under such conditions, advocates should assess the resources they can actually manage.

17:27 Mon 24.08.26 106
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

Greetings

The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition

The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.

17:39 Fri 21.08.26 129
What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA

Discussion

What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA

To provide loans for new gas-fired power generation projects, banks require a predictable cash flow, an investor’s equity contribution, and risk-sharing mechanisms. A business model that relies solely on a preferential gas price is not a sufficient basis for financing.

17:11 Fri 21.08.26 119

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

Оберіть файл