The concept and types of subjects of countering offenses in the entrepreneurial sphere
Theoretical approaches to the definition of the notion of the subject of counteraction to offenses are described. For this purpose, the notion of the subject of management, the subject of policing was established. The notion of a subject of an offense in the sphere of entrepreneurship is defined: a system of state and non-state bodies, public organizations, social groups and citizens whose activities are focused on eliminating the causes and conditions that give rise to and provoke offenses in the sphere of economic commercial activity (entrepreneurship), preventing these offenses from different stages of incorrect behavior of participants of relations in the field of entrepreneurship, as well as bringing them to the legal first responsibility.
In addition, the above subjects were systematized in this study and their circle was determined. The main ones were highlighted: President of Ukraine, Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine; local governments; Ministry of Finance of Ukraine; Ministry of Economic Development and Trade of Ukraine; State Fiscal Service and its structural units (except for customs control at the border); State Inspectorate of Ukraine; National Bank of Ukraine; revenue authorities and fees of Ukraine. A special group of subjects has been identified, those who have administrative and jurisdictional powers.
It has been concluded that most of the subjects of counteracting crimes in the field of entrepreneurial activity in Ukraine are state organizations, and the process of counteraction is directly implemented by carrying out the financial and economic control over the activity of participants of legal relations in the field of entrepreneurship by the overwhelming majority of the mentioned agencies. The implementation of such functions, for the majority of subjects of counteracting crimes in the field of entrepreneurship, is not the main, but the secondary task, along with the main powers that are not directly related to the considered problem.
Shynalskyi O.I., 2003. Punishment in the system of means of combating crime [Pokarannia v systemi zasobiv protydii zlochynnosti]. D.Sc. dissertation. V.M.Koretsky Institute of State and Law of NAS of Ukraine.
Kalman O.H. (ed.), 2010. Problems of counteraction to crime [Problemy protydii zlochynnosti]. Kharkiv: Novasoft.
Hamalii O.L., 2012. The system of subjects of administrative-legal counteraction to the offense committed by foreigners in Ukraine [Systema subiektiv administratyvno-pravovoi protydii pravoporushenniam, uchynenym inozemtsiamy v Ukraini]. Pravo bezpeka, No. 5 (47), pp. 68-72.
Kudryavtsev V.N. and Eminov V.E. (eds), 1997. Criminology [Kriminologiya]. Moscow: Yurist`.
Olishevskyi O.V., 2011. The Orthodox Church as a subject of counteraction to crime and crime prevention [Pravoslavna Tserkva yak subiekt protydii zlochynnosti ta profilaktyky zlochyniv]. Forum prava – Forum of law, [online] No. 3, pp. 565-569. Available at http://nbuv.gov.ua/j-pdf/FP_index.htm_201_3_93.pdf [Accessed 12 September 2018].
Bandurka A.M. and Davydenko L.M., 2003. Crime in Ukraine: reasons and opposition [Prestupnost` v Ukraine: prichiny i protivodeistvie]. Kharkiv: Osnova.
Hamalii O.L., 2012. The purpose, tasks and principles of counteracting offenses committed by foreigners in Ukraine [Meta, zavdannia ta pryntsypy protydii pravoporushenniam, vchynenym inozemtsiamy v Ukraini]. Forum prava – Forum of law, [online] No. 4, pp. 183-188. Available at http://nbuv.gov.ua/j-pdf/FP_index.htm_2012_4_30.pdf [Accessed 12 September 2018].
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