A.B. Agapov. Qualification of Corporate Guilt

Abstract: Establishing evidence of guilt of the legal person carries the objective difficulties, resulting primarily from the fact that the jurisdictional activity first considers the organization as a subject of administrative responsibility. There are different approaches to an explanation of essence of the problem, on the resolution of which depends largely on the effectiveness of law enforcement, in the analytical studies and practice. Analysis of the legislation suggests that allowed correlation of administrative liability of legal entities and individuals, but excludes the possibility of identifying signs of fault that the qualification which is based on different legal criteria. Applying the concept of personalized responsibility in these cases is impossible. Motivation action of organization is incompatible with the establishment of any kind was psychological criteria associated with the identification of the presence of strong-willed prerequisite act, moral motivation of corporate activity, including and qualifications of intent and negligence, is applicable only to individuals. A qualification of corporate guilt is an orderly process of law enforcement agencies, carried out at various stages of public law. The status of corporate entity of private or public law is setting at the administrative stage. The circumstances identified at this stage, determine all the subsequent proceedings are carried out at the jurisdictional stage of production, these are the signs of the establishment of corporate crime, its impact on their property causing damage or harm the business reputation of the legal person. Identifying corporate guilt is always fraught with the establishment objective qualifying criteria. This imputation of misconduct of a legal entity is possible only in case of establishing a causal relation of objective and subjective criteria of guilt. The presence or absence of subjective criteria of guilt may also be caused by its own corporate activities, namely, its property and financial preconditions. Identification of such assumptions is one of the essential conditions of the jurisdictional activity. Qualifications of the administrative and other public offense committed by a legal person, is always due to the presence of the misconduct, the elements of which are characteristic only of the corporate offense.

Keywords: