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

Advocacy
14:56 Mon 02.09.24 31 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

Advocacy

UNBA to file criminal complaints about violations of advocates' rights

Recently, the UNBA has received more frequent appeals about violations of the rights of lawyers and guarantees of the practice of law. Including by employees of the territorial centers of recruitment and social support. Some of the facts contain signs of a crime.

17:38 Thu 26.09.24 100

Advocacy

The work on the Convention on the Protection of the Legal Profession has been completed

The Council of Europe has prepared the final text of the draft Convention on the Protection of the Legal Profession, the world's first document that sets international standards for the protection of lawyers, guarantees their independence and protects them from risks associated with the performance of their professional duties.

11:27 Fri 13.09.24 100

Advocacy

The UNBA is studying additional opportunities to support advocates

The full-scale invasion has seriously affected the mental health of all Ukrainians. There are certain vulnerable groups that have been most affected by the war in their personal and professional lives, including lawyers.

17:57 Tue 10.09.24 151

Advocacy

Everyone deserves protection, the Bar fulfills this requirement of the Constitution

The formation of the opinion in society that lawyers somehow choose their clients incorrectly because some people are not worthy of defense is a very dangerous phenomenon for the state. In the future, our enemies can use it against Ukraine.

13:44 Tue 27.08.24 189

Advocacy

The peculiarities of publishing decisions of the QDCB were explained by the BCU

According to the Law on Access to Public Information, managers of such information are obliged to publish the acts they adopt. At the same time, the decisions made by the qualification and disciplinary commissions of the bar contain both attorney-client privilege and personal data.

16:31 Tue 20.08.24 130

Advocacy

Public perception of the role of lawyers is a global problem, - V. Gvozdiy

«Statements and actions that undermine confidence in the independence of the legal profession and potentially threaten the safety of lawyers ultimately undermine confidence in the entire justice system and the rule of law. No lawyer should be attacked for doing their job».

16:27 Mon 19.08.24 135

Advocacy

UNBA comments on lawyers' «interference» in mobilization processes

Recently, after another scandal, the Volyn Regional Territorial Center for Recruitment and Social Support stated that lawyers should not interfere with the processes of mobilization and military medical examination. The statement has already been commented on by the National Bar Association of Ukraine.

17:37 Fri 16.08.24 161

Advocacy

HCJ engages Valentyn Gvozdiy to develop measures to ensure judicial independence

Valentyn Gvozdiy, Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, was appointed to the working group on the development and implementation of measures to ensure the independence of judges and the authority of justice.

13:21 Wed 07.08.24 375

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

Оберіть файл