Corrections

Text from IrinaSablina - English

  • Summary of the Article

  • This paper reviews a study of the regulation of the participation of legal entities in proceedings.
  • Author makes a comparative study of legislation of the Republic of Kazakhstan, of the Republic of Belarus, of Armenia states, Republic of Ukraine and of Estonia.
  • Now legislation is ambiguous considering legal entities as members of criminal procedure relations.
  • Someone fixs that the entity cannot be recognized aggrieved, but can be recognized as a civil plaintiff.
  • Other aimed at providing opportunities for the participation of legal entities in the criminal procedure relations.
  • For example legislation of the Republic of Kazakhstan stipulates that a civil plaintiff can be both physical and legal persons.
  • In addition according to Art.
  • 46 of the CPC of the Republic of Kazakhstan, legal entities have the right to compensation for damage caused by unlawful actions of the body conducting the criminal proceedings.
  • Thus, in the this country the legal entities are full participants in criminal procedure relations in the legislation.
  • Contrasting resolved the issue in the legislation of the Republic of Belarus.
  • The legal entity is not involved as wronged, it may be a participant of criminal procedure relations only as a civil plaintiff.
  • As a next point participation of legal entities in criminal proceedings under the laws of Armenia.
  • It is very similar to the legislation of the Russian Federation.
  • So legal entities may participate in criminal procedure relations as civil plaintiffs and civil defendants.
  • But legal entity cannot be wronged in criminal proceedings in this country.
  • Alternatively according to the General Part of the Civil Code of Estonia, the legal entity is a legal subject.
  • The criminal procedure legislation of Estonia explicates not on the legal entities, but on such participants of the process as enterprises, institutions or organizations.
  • But we did not find the definition of enterprises, institutions and organizations in the civil law that raises terminological difficulties.
  • The last is the criminal procedure legislation of the Republic of Ukraine.
  • Institutions and organizations may be recognized as civil plaintiffs and civil defendants.
  • And in fact if property damage was deleterious to legal entity as a result of criminal activity, it can act only as a civil plaintiff under its representative.
  • Summarizing most legislation of CIS countries provide for the participation of legal entities as full participants of criminal procedure relations empowered to claim their rights and interests in criminal proceedings.
  • This article is for the public which is interested in the legal regulation of legal entities in various States.
  • In my opinion different of participation of legal entities in other criminal procedure relations is conditioned by a special nature of their occurrence.
  • In particular, how to punish an inanimate legal entity and to choose of the preventive measure?

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