Korjaukset

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?