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Problems of criminal liability for criminal offenses in the sphere of economic activity

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

3

Such students’ academic achievements as: knowledge of concepts, types and general characteristics of criminal offenses in the field of commercial activity. Define the basic concepts of the special course; to formulate the signs and determine the legal nature of crimes (misdemeanors) in the field of economic activity. Critically analyze the law, understand the problems of criminal liability for crimes (misdemeanors) in the field of economic activity. On the basis of such a critical analysis of regulations and sources of special literature to independently assess and identify theoretical and practical problems on the subject of special courses, as well as analyze various practical situations that arise in case of crimes (misdemeanors) in the field of economic activity. Take a comprehensive approach to solving the situations proposed in the problem, correctly and reasonably apply legal norms in solving the problem; to consider case law.

Full-time form

Effective study of courses "Criminal Law of Ukraine: General Part", "Criminal Law of Ukraine: Special Part", "Theory and practice of qualification of criminal offenses", "Qualification of criminal offenses in the field of official activity", "Forensics", "Criminal-executive law", "Criminal-procedural law"; to have the skills of searching and analyzing information from various sources, in particular, applying the information technology, search systems, analytical materials and electronic databases.

The course includes the concepts, types and general characteristics of criminal offenses in the field of commercial activity, in particular, misdemeanors that infringe on: established order of realization of commercial activity in general and its separate kinds; financial activities; established procedure for the formation and expenditure of budget funds; the order of production and use of documents in economic activity is established; the order of circulation of securities is established; prescribed procedure for selling goods to consumers; freedom of competition; established the procedure for using the means of individualization of participants in economic turnover, goods, services, trade secrets as objects of intellectual property rights and some others.

1. Scientific and practical commentary on the Criminal Code of Ukraine / resp. ed. S.S. Yatsenko. 4th ed., Reworked. and additional K.: A.S.K., 2005. 848 p. 2. Scientific and practical commentary on the Criminal Code of Ukraine / under ed. M.I.Melnyka, M.І. Khavroniuka. 11th ed., rev. and supp. К.: Dakor, 2019. 1384 p. 3. Berzin P. Crimes in the sphere of economic activity: methods of calculating material damage. К.: Lawyer’s advisor, 2005. 149 p. 4.Volynets P.A. Criminal liability for violation of budget legislation of Ukraine (Article 210 of the Criminal Code of Ukraine): monograph. К.: «P.H.« Dakor », 2012. 184 p. 5. Volynets P.A. Criminal and legal protection of the stock market: current status and prospects for improvement: a monograph. Kyiv: Dakor, 2018. 452 p. Dudorov O.O., Movchan R.O. Development of the legislation of Ukraine on criminal offenses in the sphere of economic activity: problems and tendencies.Visnuk of LDUVS named after E.O. Didorenko. 2020. R. 4 (92) p. 120-140.

Teaching strategies: 1) lecture - a detailed theoretical report on the specifics and problematic issues that arise when clarifying the content and practical application of the articles of the section of the Criminal Code of Ukraine, which provide liability for criminal offenses in economic activities; 2) answer to a theoretical question; 3) case study - an in-depth, detailed examination of a particular case within a real-world context; 4) solving problems and tasks - assessment of hypothetical law enforcement situations, considering the rules of criminal law, legal positions of judicial practice and the provisions of the concept of corruption offenses;5) independent work – individual study of certain provisions of judicial practice on corruption offenses, including the list of recommended reading.

The final score includes the sum of points obtained during the semester assessment (up to 40 points, min. 24) and points obtained for the final test (up to 60 points, min. 36). The test is implied in the form of a written test. It includes: a written test, implies solving the case, the solution of which involves a criminal-legal understanding of a particular situation. Assessment is based on the results of the semester and consists of points based on the results of lectures and seminars.

Ukrainian