| Article title | Corruption and Economic Crimes: Issues of the Effectiveness of Criminal Legal Measures |
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| Authors |
Nataliya Gutorova
Doctor of Law, Professor, Academician of the National Academy of Law and Human Rights of Ukraine, Professor of the Department of Criminal Law and Criminal Law Disciplines of the Poltava Law Institute of the Yaroslav the Wise National Law University (Kharkiv, Ukraine), Guest Lecturer at the University of Applied Sciences, Technologies, Business and Design
(Wismar, Germany)
ORCID https://orcid.org/0000-0003-2485-0651
natalygutorova@gmail.com
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 11 / 2025 |
| Pages | 152 - 166 |
| Annotation | The features of corruption and economic criminal offenses that cause significant harm to the state and society necessitate the development of effective criminal legal remedies to be applied to those who commit them. Such remedies cannot be identical to the remedies applied to the socalled general criminal offenses.The purpose of the study is to assess the effectiveness of individual criminal legal remedies in addressing corruption and economic criminal offenses, and to draw the attention of the scientific community to the need to examine the effectiveness of criminal law regulation in this area. For this study, a range of corruption and economic offenses has been identified, which include such types of white-collar criminal offenses as corruption-related criminal offenses, criminal offenses against property committed by a person through abuse of official or professional powers granted to them, as well as intentional criminal offenses in the field of economic activity, including medical and pharmaceutical activities. Analysis of Ukraine’s criminal legislation and its application shows a desire to find effective means of combating corruption and economic crime. Still, it has not yet led to the development of an effective, comprehensive state response to these criminal offenses. The main means are the application to the guilty person of a punishment in the form of imprisonment, from which the person is released chiefly on probation, deprivation of the right to hold certain positions or engage in certain activities, as well as a fine, which must be paid within a maximum of one year, and in case of non-payment is replaced by imprisonment. In German legislation, considerable attention is paid to combating corruption and economic crimes by making them economically unprofitable. For this purpose, fines and the confiscation of assets obtained as a result of committing an offense, as well as the objects and means used to execute it, are applied to an individual; the statute of limitations for such confiscation is 30 years. Sanctions against legal entities are imposed under the administrative offenses legislation, which provides for fines of up to 10 million euros, as well as other restrictions on activities and liquidation. Based on the research conducted, a conclusion is drawn regarding the need to develop an effective model of criminal law measures to combat corruption and economic crime. In this case, attention should focus on special confiscation, fines, and other restrictive measures applied to legal entities. |
| Keywords | white-collar crime; corruption; criminal offenses in the field of economic activity; criminal offenses in the field of public health; criminal law measures; punishment; fine; confiscation of property; measures against legal entities |
| References | Bibliography Authored books 1. Meier B-D, Strafrechtliche Sanktionen (6 Aufl, Springer-Lehrbuch 2025) 1–14. 2. Wittig P, Wirtschaftsstrafrecht (C.H.BECK 2023) 5–7 doi.org/10.17104/9783406796609. 3. Ponomarenko Yu, Zahalna teoriia vyznachennia karanosti kryminalnykh pravoporushen (Pravo 2020) (in Ukrainian). Edited books 4. Dictionary of Criminal Justice Data Terminology (2nd ed, U.S. Department of Justice 1981). 5. Dudorov O, ‘Improvement of criminal law means of combating corruption (analysis of individual legislative initiatives)’ Epistemological aspects of tort law transfiguration in the creation of anti-corruption legislation and its enforcement (T Kolomoiets (ed), Baltija Publishing 2023) https://doi.org/10.30525/978-9934-26-347-7-6. 6. Wabnitz H-B, Janovsky T, Schmitt L (hrsg), Handbuch Wirtschafts und Steuerstrafrecht (6 Aufl, C.H.BECK 2025).Journal articles 7. Becker G S, ‘Crime and Punishment: An Economic Approach’ [1968] 76(2) Journal of Political Economy 207. 8. Gutorova N, ‘White-Collar Crime: Ukrainian Experience of Searching for Optimal Model of Criminal Liability’ [2018] 2(11) Socrates. RSU elektroniskais juridisko zinātnisko rakstu žurnāls 100–116. 9. Sutherland E, ‘White Collar Criminality’ [1940] 5(1) American Sociological Review 1–12. Theses 10. Kamenskyi D, ‘Kryminalno-pravova okhorona ekonomichnykh vidnosyn u SShA ta Ukraini: komparatyvistske doslidzhennia’ (dys dokt yur nauk, 2020) 337–497 (in Ukrainian). Conference papers 11. Khavroniuk M, ‘Sudova statystyka shchodo vidpovidalnosti za koruptsiini ta pov’iazani z koruptsiieiu kryminalni pravoporushennia za 2022 rik (rezultaty analizu)’, Pam’iati profesora P. S. Matyshevskoho: zbirka tez dopovidei uchasnykiv naukovo-praktychnoho kruhloho stolu “Pytannia kryminalnoho prava u pravovykh pozytsiiakh sudiv Ukrainy” (7 bereznia 2024 roku) (A Stryzhevska, S Shapchenko, K Zadoia (uporiad) Kyivskyi natsionalnyi universytet imeni Tarasa Shevchenka, 2024) 20–25. Newspaper articles 12. Storbeck O, ‘How Germany got too tough on insider trading’ (Financial Times Mar 21 2024) (accessed 27.11.2025). |
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