TOPICAL ISSUES OF DETERMINING THE SUBJECTS OF CRIMINAL LIABILITY FOR BRINGING TO BANKRUPTCY

The component of the crime, which is provided by Article 219 of the Criminal Code of Ukraine, as a subject of the crime has been studied. It is concluded that the legislation is imperfect in terms of determining such an element of the crime as the subject. Additionally, the thesis about the impossibility of criminalization of subjects of bankruptcy for bringing all officials to bankruptcy is substantiated, as the inclusion of officials of public authorities in the crime, which is provided by Article 219 of the Criminal Code of Ukraine is unconstructive given the types of entities that may be declared bankrupt. It is noted that given that the arbitral trustee is not protected by labor law, is registered and accountable as an independent professional, it is inappropriate to recognize him as an official of the debtor. At the same time, given the likelihood of him committing acts aimed at bringing the debtor to bankruptcy, he must be an independent subject of liability for the crime, which is provided for in Article 219 of the Criminal Code of Ukraine. It is argued that the recognition of an independent subject of criminal liability for bringing to bankruptcy of interested persons in respect of the debtor within the meaning of Art. 1 of the Labor Code will solve the problem of bringing to justice for committing a crime under Article 219 of the Criminal Code of Ukraine officials who held this position for the last three years, preceding the appearance of signs of bankruptcy and persons related to the debtor. On the basis of the conducted research the inclusion of the interested persons concerning the debtor which structure is fixed in Art. 1 of the Labor Code and individuals to the subjects of the crime, which is provided by Article 219 of the Criminal Code of Ukraine; the recognition of the arbitral trustee as an independent subject of the crime, which is provided by Article 219 of the Criminal Code of Ukraine, has been proved.