LEGAL REGULATION OF LIABILITY FOR OFFENSES IN THE FINANCIAL SPHERE IN THE EU COUNTRIES AND UKRAINE: COMPARATIVE ANALYSIS

• Main Authors: Dmytro Pryimachenko, Tetiana Minka, Volodymyr Marchenko
• Format: Article
• Language: English
• Published: Izdevnieciba “Baltija Publishing” 2018-12-01
• Series: Baltic Journal of Economic Studies
• Subjects: legal liability, financial offenses, legal regulation
• Online Access: http://www.baltijapublishing.lv/index.php/issue/article/view/570

The aim of the article is to conduct a comparative analysis of the legal principles for liability in the financial sphere in the EU and Ukraine and to define ways of domestic legislation improvement on this basis. The subject of the study is the experience of European countries in the state regulation of liability for financial offenses. Methodology. The study is based on a comparison of foreign experience in the legal regulation of liability for financial offenses on the example of European states with the status of the national tort law in this area. The use of general scientific and special scientific methods and techniques of scientific knowledge enabled to characterize the national experience of the legal regulation of legal liability for committing financial offenses by the coverage of the provisions of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Tax Code of Ukraine, as well as its comparison with the experience of the legal regulation of liability for offenses in the financial sector on the example of France, Germany, Latvia, Spain, Sweden, Greece, and other EU countries. The results of the comparative legal study revealed that contrasting the EU member states, the national model of the legal regulation of liability for offenses in the financial sector is characterized by multi-levelness and varying degree of severity of punishment. Practical implications. It is proved that the mechanism of the legal regulation of liability for financial offenses in Ukraine is more improved than in European countries because of the legal provisions with a strict codification of financial offenses, their differentiation into administrative delicts and criminal offenses that enables to impose milder state sanctions on those acts that do not pose a significant social danger. Relevance/originality. A comparative legal study of the experience of the legal regulation of liability for financial offenses provides a better understanding of the prospects for the development of national administrative tort law in this area.