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CORPORATE CRIMINAL LIABILITY – REALITY OR FICTION?

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PDF: Author(s): Balzhinimaeva V. V.,
Number of journal: 1(34) Date: February 2016
Annotation:

The question of corporate criminal liability in Russia can be undoubtedly called one of the most important. Legal fiction has been used for many centuries. First of all, it refers to the fiction of a legal entity. The question is «Is it possible to impose criminal responsibility on legal entities that was initially created as a legal fiction?». However, the term «fiction» is also known in philosophy, psychology, and sociology. The article examines the approach to understanding of «fiction» within the law, as well as the evolution of philosophical approaches. Looking at the problem from the point of other sciences seems extremely important to the author because it is necessary to decide whether it is a permanent state or continuous changing process, which can convert from illusion to reality? The paper also presents the views of scientists, according to which there is corporate criminal liability in Russia.

Keywords:

corporate criminal liability, legal fiction, fiction in criminal law, the philosophy of «as if», factionalism, administrative law, subject of law, guilt.

For citation:

Balzhinimaeva V. V. Corporate criminal liability – reality or fiction? // Business. Education. Law. Bulletin of Volgograd Business Institute. 2016. No. 1 (34). P. 214–218.