Failure to ensure the fulfillment of the duties assigned to an authorized person of a legal entity by law or by the constituent documents of the legal entity regarding supervision and/or control over the actions of persons Which led acting on behalf of the legal entity or on behalf of its authorized persons, who are members of its collegial bodies or employees, 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, 3692 in relation to officials provided for in Part Four of Article 18 of this Code;
Committing on behalf of and/or in the interests of
A legal entity 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, with the knowledge of its authorized persons, founder (participant), ultimate beneficial owner, member of the supervisory board.
Under such circumstances, without confirmation in accordance with the procedure established Which led by law of the fact of the commission of the relevant criminal offense, the application of any criminal legal measures (including against a legal entity) will be considered an unjustified act of arbitrariness by the state.
Well, what is the meaning of the concepts of “established factual circumstances indicating…” and “a socially dangerous act that falls under the characteristics of an act provided for in Articles 209, 369, 3692”! Established factual circumstances? Who establishes them?
The pre-trial investigation body?
From this content of the wording, it is impossible to clearly determine in what manner and in what order these circumstances should be established and recorded, which indicates the opacity of such a mechanism.
In turn, the Criminal Code of Ukraine determines which socially dangerous acts are criminal offenses and what punishments apply to persons who commit them.
The use of the proposed construction “a socially dangerous act that falls under the characteristics of an act” indicates a different category of acts than those defined by the Criminal Code of Ukraine.