Вісник Харківського національного університету внутрішніх справ (Nov 2018)
The concept and types of subjects of countering offenses in the entrepreneurial sphere
Abstract
Theoretical approaches to the definition of the notion of the subject of counteraction to offenses are described. For this purpose, the notion of the subject of management, the subject of policing was established. The notion of a subject of an offense in the sphere of entrepreneurship is defined: a system of state and non-state bodies, public organizations, social groups and citizens whose activities are focused on eliminating the causes and conditions that give rise to and provoke offenses in the sphere of economic commercial activity (entrepreneurship), preventing these offenses from different stages of incorrect behavior of participants of relations in the field of entrepreneurship, as well as bringing them to the legal first responsibility. In addition, the above subjects were systematized in this study and their circle was determined. The main ones were highlighted: President of Ukraine, Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine; local governments; Ministry of Finance of Ukraine; Ministry of Economic Development and Trade of Ukraine; State Fiscal Service and its structural units (except for customs control at the border); State Inspectorate of Ukraine; National Bank of Ukraine; revenue authorities and fees of Ukraine. A special group of subjects has been identified, those who have administrative and jurisdictional powers. It has been concluded that most of the subjects of counteracting crimes in the field of entrepreneurial activity in Ukraine are state organizations, and the process of counteraction is directly implemented by carrying out the financial and economic control over the activity of participants of legal relations in the field of entrepreneurship by the overwhelming majority of the mentioned agencies. The implementation of such functions, for the majority of subjects of counteracting crimes in the field of entrepreneurship, is not the main, but the secondary task, along with the main powers that are not directly related to the considered problem.
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