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This work analyzes the practice of initiating criminal proceedings regarding economic crimes based on allegations of corporations, their members and beneficiaries and also the practice of examining those charged, named subjects of compensation claims, in which damage is caused by such crimes in criminal, civil and arbitrage proceedings. The viewpoint that the actions of the delinquent that qualify as criminal do not entail a change in the jurisdiction specified in the APK RF on corporate claims and their procedural order of settlement is substantiated.
It is noted that in the case of inflicting loss on a corporation, its members may restore their rights solely by making a claim in the interests of the corporation itself. A direct tort claim by a member is only possible if the loss caused to said member is not the result of the loss caused to the corporation. It is emphasized that a beneficiary of the corporation who is not its direct member does not have the right to an indirect compensation claim for damage caused to the corporation as a result of a crime, and the right of such a beneficiary to file a personal compensation claim (rights to make a claim in the procedural context) does not mean that the beneficiary also has the right to claim in the material sense. In the context of the topic of investigation, suggestions are made on clarifying specific norms of the UPK RF and APK RF, and also on the correction of law enforcement practice.
Aimed at a wide circle of readers. Can be used as a textbook for teachers and students in law schools.
Igor Arsenievich Prikhodko – Doctor of LawAlexander Valeryevich Bondarenko – Candidate of LawVladimir Mikhailovich Stolyarenko – Doctor of Law
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