SOCIAL CONTROL AND CORRUPTION OFFENCES OF LEGAL ENTITIES
Rubrics: LEGAL EVENTS
Authors:
Type:
Article
Pages:
from 11
to 14
Status:
Published
Received:
31.07.2017
Accepted:
23.08.2017
Published:
23.08.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
social control, law, morality, sin, moral basis of criminal responsibility, criminal liability of legal entities, administrative responsibility of legal entities.
Abstract (English):
The article is based on the theses of the report at the VI Eurasian Anti-Corruption Forum “Social control as a key factor of anti-corruption” (Moscow, April 26—27, 2017) and is devoted to social control as a regulator of public relations, which consists in the development and implementation of social norms, allowing to maintain compliance with the rules of life, providing socially significant public interests. In addition the allocation of anti-corruption social control is justified, based on the relevant social norms, including moral and religious norms, morality and law. In particular, it is noted that the assessment of the activities of a legal entity as immoral and sinful may be one of the components of the justification for the need to criminalize the acts of legal entities or to establish administrative liability for such acts. In the opinion of the author, if we consider the immoral and sinful act of a legal entity from the position of the inner world, then the legal entity does not have such a world. However, this should not be an obstacle for assessing the act of a legal entity as immoral or sinful, because such an assessment is given by a society that can condemn a legal entity for actions committed from the moral and religious positions. On the basis of the analysis it is concluded that not everything that is applicable to a particular person can be applied to a legal entity, but the law and morality are developing in such a way that, perhaps in the long term, the public condemnation of legal entities for committing corrupt offences, recognized by the population as sinful and immoral, will become no less effective measure of impact than the attraction of a legal entity to administrative or criminal liability.
The article is based on the theses of the report at the VI Eurasian Anti-Corruption Forum “Social control as a key factor of anti-corruption” (Moscow, April 26—27, 2017) and is devoted to social control as a regulator of public relations, which consists in the development and implementation of social norms, allowing to maintain compliance with the rules of life, providing socially significant public interests. In addition the allocation of anti-corruption social control is justified, based on the relevant social norms, including moral and religious norms, morality and law. In particular, it is noted that the assessment of the activities of a legal entity as immoral and sinful may be one of the components of the justification for the need to criminalize the acts of legal entities or to establish administrative liability for such acts. In the opinion of the author, if we consider the immoral and sinful act of a legal entity from the position of the inner world, then the legal entity does not have such a world. However, this should not be an obstacle for assessing the act of a legal entity as immoral or sinful, because such an assessment is given by a society that can condemn a legal entity for actions committed from the moral and religious positions. On the basis of the analysis it is concluded that not everything that is applicable to a particular person can be applied to a legal entity, but the law and morality are developing in such a way that, perhaps in the long term, the public condemnation of legal entities for committing corrupt offences, recognized by the population as sinful and immoral, will become no less effective measure of impact than the attraction of a legal entity to administrative or criminal liability.
Keywords:
social control, law, morality, sin, moral basis of criminal responsibility, criminal liability of legal entities, administrative responsibility of legal entities.
social control, law, morality, sin, moral basis of criminal responsibility, criminal liability of legal entities, administrative responsibility of legal entities.
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