On Possibility of Criminal Liability of Legal Entities for Abuse of Power: the Comparative Legal Aspect

At the current stage of the legislation development, a number of declared priorities and objectives of the legal system development remains unprovided by legal resources. The authors conclude that the current Russian legislation in the field of counteracting the criminality of legal entities not only does not meet the world standards, but actually does not allow to combat this phenomenon. The article substantiates that the criminal liability of legal entities should be considered as a criminal legal enforcement action to prevent the abuse of power. The authors make an attempt to use the comparative analysis of the regulatory framework of the Russian Federation (including the projects of the Federal Law) and the Criminal Code of France in the field of implementation and application of the institution of the criminal law influence on legal entities. The article proposes to supplement the list of the main types of criminal law enforcement actions with a ban on participation in public markets (state contracts), and with confiscating the property obtained as a result of the commission of crime, as an additional type of a criminal law enforcement action. In addition, the authors conclude that a legal entity can also act as a victim in the abuse of power by the authorities.