The author’s project ‘Criminal law gatherings at N.A. Lopashenko’s’ together with the Saratov Branch Office of the Union of Criminalists and Criminologists
The Person: Professor Anatoly V. Naumov
Organizer: N.A. Lopashenko, Doctor of Legal Sciences, Professor, Professor of the Saratov State Academy of Law, Winner of the National Prize for Literature in the field of Law, Honoured Lawyer of the Russian Federation.
On 6 October 2020 a regular online meeting of the author’s project ‘Criminal law gatherings at N.A. Lopashenko’s’ was arranged together with the Saratov Branch Office of the Union of Criminalists and Criminologists. The event was held in the ‘Person’ format and was dedicated to the Honored Scientist of the Russian Federation, winner of the National Prize for Literature in the Field of Law, member of the Moscow Writers’ Union, Professor of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Anatoly V. Naumov.
In total, the online meeting attracted a record number of participants – more than 95 researchers and practitioners from all regions of Russia and neighboring countries: Armenia, Ukraine and the Republic of Belarus.
At the beginning, Natalia greeted the participants and addressed a number of personal questions to Anatoly. Also, the floor was given to Alexey Grigoryevich Kibalnik (Stavropol) as one of the students of A. Naumov who defended a doctoral thesis in law.
The topic of his report was ‘Criminal liability of legal entities.’ He went on to the main report, in which he also spoke about the highlights of his professional activities related to his proposal to introduce criminal liability of legal entities, analyzed the ‘weak’ points of the position, the pros and cons of the legalization of this institution in Russia.
After completion, the Professor answered questions received in writing before the event:
- Professor Valentin I. Mikhailov (Moscow): ‘How is “criminal liability” understood in relation to the criminal liability of legal entities?’; ‘Does the criminal liability of legal entities have to be in the Criminal Code?’; ‘What state body will investigate the criminal proceedings against legal persons in case of introduction of criminal liability of legal entities in Russia?’ and etc.
- Associate Professor Evelyna G. Aniskina (Smolensk): ‘What norms for the last 5 years in the CCRF do you consider as excessive criminalization and vice versa whether some truly socially dangerous acts were criminalized?’; «Could you give us examples of the adoption of the new criminal law regulations inconsistent with each other?’; ‘It is written about you that you were awarded for the publication in the October journal with the Journal Prize-1999, can you tell us what your scientific work was dedicated to?’ and etc.
- Adjunct Professor Sergey A. Korneev (Ryazan): ‘According your opinion, what is a criminal-legal impact and in what forms can it be implemented?’; ‘According to your opinion, what measures of a criminal-legal nature may be classified as “others”?’;
- Many profound questions were also received from Professor Vladimir S. Jatiev (Moscow), Professor Alexander V. Fedorov (Moscow), Associate Professor Natalia V. Vishnyakova (Omsk) and Associate Professor Maxim V. Feoktistov (Krasnodar).
Anatoly Valentinovich further received questions from the colleagues present at the meeting:
- Professor Valentin I. Mikhailov (Moscow): ‘The issue of including the institution of criminal liability of legal entities in the criminal law is currently on the agenda, isn’t?’
- Associate Professor Margarita N.Urda (Kursk): ‘You have mentioned that a person is weak, does this mean that you refuse to fight destiny?’; ‘Whether bringing legal entities to criminal responsibility will be implemented through criminal punishment or other measures of a criminal nature?’
- Associate Professor Rimma N. Klyuchko (Grodno): ‘Should indicators of public danger of crimes committed by legal entities differ from indicators of public danger committed by individuals?’
- Associate Professor Vladimir N. Shikhanov (Irkutsk): ‘If we introduce criminal liability of legal entities in the criminal law, will there be unfair treatment of state corporations when they are brought to criminal responsibility?’
- Associate Professor Elena V. Fomenko (Moscow): ‘Is it possible to create a separate federal law providing for criminal liability for legal entities?’
- Associate Professor Andrey V. Zvonov (Ryazan): ‘Will there be a problem of having the same types of liability in administrative and criminal legislation when introducing criminal liability of legal entities?’
- Professor Vladimir S. Jatiev (Moscow): ‘Are there any problems with the correlation of regulations on the responsibility of a legal entity and an individual for similar acts?’
- Professor Valery F. Lapshin (Ryazan): ‘What is a legal entity, does it actually commit a crime?’
- Professor Sergey A. Markuntsov (Moscow): ‘Will the introduction of criminal liability of legal entities redefine the sphere of economic influence?’
- Professor Maria V. Talan (Kazan): ‘Is a legal entity a subject of a crime or a subject of criminal liability?’
Deputy Chairman of the Investigative Committee of the Russian Federation, Professor Alexander V. Fedorov (Moscow) made a remark in support of the main speaker’s position. He pointed out that: ‘Anatoly V. Naumov forms a positive attitude to the criminal liability of legal entities in modern society … soon we will see the institution of criminal liability of legal entities in Russian legislation.’
After that, Professor Serjik S. Avetisyan (Yerevan, Armenia), Professor Alexander M. Mikhailov (Moscow), Professor Alexey G. Kibalnik (Stavropol) and many others addressed questions and suggested their own position.
The review was prepared by the Secretary of the Saratov Branch Union of Criminalists and Criminologists Roman Komyagin
Translated by Elizaveta Ovchinnikova
