Drawing up the appropriate mathematical formula, I believe that the act falls under the characteristics of an act =
In addition, the Criminal Code of Ukraine has been supplemented with a new article 96-10-1 “Additional (non-financial) measures of a criminal nature”, which provides for the definition of “temporary restriction of the activities of a legal entity” and establishes a ban on a legal entity from carrying out a certain type and/or types of activity within the period specified by the court decision.
The Fundamental Law of Ukraine guarantees
Everyone the right to engage in entrepreneurial activity that is not prohibited by law.
Also in this context, one should take into account the requirements of Part Four of Article 12 of the Commercial Code of Ukraine regarding the establishment exclusively by the Constitution of Ukraine and the law of restrictions on the conduct of entrepreneurial activity, as well as the list of types of activities in which entrepreneurship is prohibited, and Part Three of Article 246 of this Code regarding the establishment also exclusively by law of the grounds and procedure for restricting and suspending the activities of business entities, as well as the powers of authorized bodies to make relevant decisions.
It is also worth noting that, in accordance with Article 18 of the Criminal Code of Ukraine, the subject of a criminal offense is a natural person of sound mind who committed a criminal offense at the age from which criminal liability may arise in accordance with this Code.
Taking into account the above
It should be noted that a legal entity is not subject to the presumption of innocence guaranteed by Article 62 of the Constitution of Ukraine. As can be seen from the above, a legal entity cannot be a subject of a crime, and therefore cannot be held criminally liable. Although a legal entity can perform certain actions defined by law, such “actions” do not have a subjective side, they lack intellectual and volitional aspects. Behind the actions of a legal entity are individuals defined by law or constituent documents, whose actions can and should, under certain conditions, be evaluated for compliance with criminal law prohibitions. The subjective side of the activities of such individuals contains both intellectual and volitional aspects.