Scientific Journal of the National Academy of Internal Affairs

  • Received 19.10.2020,
  • Revised 06.02.2021,
  • Accepted 20.02.2021
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Vol. 26, No. 1, 2021
  • state registrar, raiding, subject of criminal offense, document, registration actions, information, business entity
  • https://doi.org/10.33270/01211181.118
  • Pages 118-130

The purpose of the publication is to carry out a comprehensive criminal law assessment of the legally significant behavior of state registrars in the process of implementing illegal schemes aimed at illegal seizure of enterprises, their assets or certain real estate (raiding). Methodology. The following scientific methods have been used in the article: terminological, system-structural, formal-logical. Scientific novelty. Original authors’ analysis of the illegal actions of state registrars, which consist of the implementation, mostly partial, of raider schemes of seizure of business entities or their assets, has been conducted; based on the results of processing the materials of law enforcement practice in terms of criminal law assessment of the actions of state registrars revealed specific mechanisms (methods) for the implementation of raider schemes related to the distortion of legally significant information in state registers. Conclusions. It has been determined that prohibitions described in the Special Part of the Criminal Code are generally sufficient to ensure adequate criminal law assessment of state registrars – participants in raider schemes. It has also been substantiated that: 1) current version of Art. 367 of the Criminal Code needs to be improved – the range of special subjects of official negligence should be expanded at the expense of persons providing public services, which will contribute to more accurate criminal assessment of the actions by state registrars; 2) it is necessary to strengthen the sanction of part 2 of Art. 358 of the Criminal Code, primarily by increasing the size of the types of penalties already provided for in this norm, as well as the inclusion of imprisonment

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