a person is presumed innocent of committing a crime and cannot be subjected According to Article to criminal punishment until his guilt is proven in accordance with the law and established by a court verdict of guilty. The basis for criminal liability is the commission by a person of a socially dangerous act that contains the elements of a criminal offense provided for by this Code (Article 2 of the Criminal Code of Ukraine).
The institution of the so-called “criminal liability of legal entities”
Functions in the Criminal Code According to Article of Ukraine not in the classical understanding of this concept, but in the form that is allowed by the domestic criminal law doctrine. The application of criminal law measures to a legal entity, as a measure of its “responsibility” for committing a criminal offense on its behalf and in its interests, is a derivative of the criminal liability of the relevant individual.
Without establishing the elements of a criminal offense in the act, the individual who committed the crime, proving his guilt in the manner prescribed by law, and the onset of criminal liability are impossible.
However, the amendments to Article 96-3 of the Criminal Code of Ukraine separately introduce the possibility of applying criminal measures to legal entities, regardless of the criminal liability of an individual and regardless of the identification of an individual whose actions or inaction fall under the characteristics of the relevant act.
The basis for applying such measures is established factual circumstances indicating:
the commission by its authorized person, its founder (participant), ultimate beneficial owner or member of the supervisory board on behalf of and/or in the interests of a legal entity of a socially dangerous act that falls under the characteristics of an act provided for in Articles 209, 369, 3692 in relation to officials provided for in Part Four of Article 18 of this Code;
failure to ensure the implementation of the obligations imposed on an authorized person of a legal entity by law or by the constituent documents of the legal entity to take measures to prevent corruption, which led to the commission of a socially dangerous act on behalf of and/or in the interests of the legal entity, which falls under the characteristics of an act provided for in Articles 209, 369, 369-2 in relation to officials provided for in Part Four of Article 18 of this Code