Comparative legal aspects of corporate crime

Tusevska, Borka and Kosevaliska, Olga (2018) Comparative legal aspects of corporate crime. Judicial reforms and anti -corruption practices : challenges, prospects and transfer of experiences, 1. pp. 75-94. ISSN 978-608-248-023-7

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Abstract

The purpose of this paper is to, theoretically and practically, study the concept of "corporate crime" in the context of comparative legal solutions, theoretical concepts, and practical implications. For this purpose, the key method of analysis will be the method of comparative legal analysis, which basically should allow us to analyze comparative legal solutions that regulate this issue and their practical implications. There are numerous theoretical and practical research papers on this topic that involve economic, legal, sociological, criminological dimension. However, the specifics of this research can be seen throughout the mutual analysis of corporate and criminal aspects of this issue and placing them in service of a systematic study of the most modern and frequent models of "corporate crime," and at the same time we’ll make an effort to illustrate the potential threats of committing corporate crime in the process of corporate management, and finally we’ll make an effort to observe if the type and length of the potential punishment can suppress or reduce these crimes. The main scientific incentive to consider this issue is the due to the rise of "corporate crime," especially through the expansion in creating transnational companies, the daily takeovers, and mergers of companies (banks, insurance companies), deals between interested parties, friendly and nonfriendly transfers of capital, abuse of procedures for public procurement, the award of public contracts etc. In addition to this, the challenge to study this issue stems from the complexity in locating torts of corporate management, their distinction as misdemeanor conduct alongside from corporative crimes, the determination of liability for restitution in case of a crime, and finally, the determination of the essence of these types of crimes.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Olga Gurkova
Date Deposited: 28 May 2018 13:16
Last Modified: 28 May 2018 13:16
URI: http://eprints.ugd.edu.mk/id/eprint/20015

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